out of State may by the provisions of this title, of creditors, may be made and signed by either of the partners, or any one of such company. (5458.) SEC. 7. Creditors residing out of this State, and Creditors residing within the United States, may unite in any petition, in the petition, etc. same manner as resident creditors; and they shall annex to every such petition the original accounts, or sworn copies thereof, and the original specialties or written securities, if any, on which their demands arise or depend. for less than their (5459.) SEC. 8. Whenever a petitioning creditor shall have Debts purchased purchased, or procured to be assigned to him, any debt or nominal amount. demand against the insolvent debtor, for less than the nominal amount of such debt or demand, and whenever any executor or Administrator shall petition, the person petitioning shall be deemed a creditor, to the amount only of the sum or value, actually and in good faith paid by him or his testator or intestate for such debt or demand. security. (5460.) SEC. 9. Whenever a petitioning creditor shall have creditors having in his own name or in trust for him, any mortgage or other security, or assignment by way of security, for securing the payment of any sum of money, upon any real or personal estate of the debtor, in respect to whose estate he is a petitioner, he shall not become a petitioner in respect to the debt so secured, unless he shall add to his signature to the petition, a declaration in writing, that he relinquishes to the assignees who shall be appointed pursuant to such petition, every such mortgage or other security, for the benefit of all the creditors of such debtor, which declaration shall operate as an assignment of such mortgage or other security to the assignees, and vest in them all the rights and interests of such petitioning creditor therein. itors swearing (5461.) SEC. 10. Every creditor who shall swear, in any Liability of credproceedings under this title, that any sum of money is due to falsely. him from any debtor, which is not really due, or that more is due than the sum really due, knowing the same not to be due, shall be liable to the assignees of such debtor in double the sum so falsely sworn to be due, to be recovered by such assignees. adjourned; debt examined. (5462.) SEC. 11. On the hearing of any petition for the dis- Hearing may be charge of any debtor, the officer before whom the same may or, etc., may be be pending, may adjourn the same from time to time, and may issue a subpoena, requiring any person, whether an opposing creditor or not, to appear and testify concerning the matters pending before him; and the debtor, his wife, and any cred Appearance of Witness how en compelled to tes tify. itor may, in all cases, be examined at the instance of any creditor. (5463.) SEC. 12. The appearance of any person duly subpœforced, and how naed, and neglecting or refusing to appear, may be enforced by attachment to be issued by such officer; and if, after appearing, any such person shall refuse to testify, he shall be committed to prison until he submit. Liability of Wit ness for damages. Officer to keep minutes of testi mony. Liability of Juror neglecting to at tend. Fees of Sheriff, etc. Discharge to be recorded; Evidence. Assignments to be recorded; Evidence. (5464.) SEC. 13. Every person willfully disobeying such subpoena, shall be liable to the party at whose instance he was subpoenaed, in the sum of one hundred dollars damages, besides the actual damages which such party may prove. (5465.) SEC. 14. Whenever any hearing shall be had before any officer singly, or before him and a jury, it shall be the duty of such officer to keep minutes of all the material facts of the testimony delivered before him, and of the examination of any debtor. (5466.) SEC. 15. Every person who shall be summoned as a juror, and shall refuse or neglect to attend, without reasonable cause, to be determined by the officer issuing the summons, shall be liable to any creditor at whose instance such summons was issued, in the sum of ten dollars damages. (5467.) SEC. 16. The Sheriff or constable summoning a jury, shall be entitled to receive one dollar and twenty-five cents, and each juror attending and sworn, twenty-five cents, and the said fees, together with all other expenses of the hearing of any case by a jury, shall be paid by the creditor requiring the same. (5468.) SEC. 17. Every discharge granted under the provisions of either of the two last preceding chapters, shall be recorded by the Register of Deeds of the County in which it was granted, and the original discharge, the record thereof, or a transcript of such record duly authenticated, shall be evidence of the proceedings and facts therein contained. (5469.) SEC. 18. Every assignment made in pursuance of either of the two last preceding chapters, shall also be recorded. by the Register of Deeds of the County in which it was executed, upon being acknowledged or proved in the same manner as deeds of real estate; and such original assignments, the record thereof, or a duly authenticated transcript of such record, shall be received in evidence in the same manner, and with the like effect, as deeds of real estate duly recorded. (5470.) SEC. 19. If any debtor, discharged under either of how to proceed. the two last preceding chapters, shall be arrested on original Insolvent arrest ed afterdischarge process, in a suit upon any debt or liability in w' may be charge. shown (5471.) SEC. 20. The plaintiff in such suit may show as cause Causes which against such discharge, any fraud committed by such debtor against dia in obtaining his discharge, or any cause for avoiding such discharge, declared in the two last preceding chapters, and such. officer may require such debtor to be held to bail in such process, as if no discharge had been granted. ing to sign cer ed, etc. (5472.) SEC. 21. Whenever an assignment shall have been Assignees refus executed to one or more assignees, and they, or any of them, tificate to be cit shall refuse to sign a certificate of the fact that such assignment has been executed, upon complaint made to the officer who directed the assignment, the assignee so refusing shall be cited to appear, and the matter shall be investigated. may be discharg ing refusal. (5473.) SEC. 22. If it shall appear that such assignment has When insolvent been duly executed, and that such debtor has delivered all his ed notwithstand estate directed to be assigned, and all the books, vouchers and securities relating to the same, capable of delivery, such officer may grant a discharge to the debtor, notwithstanding the refusal of the assignees to certify the fact of an assignment. (5474.) SEC. 23. Or, in such case, the officer may revoke the Appointment of appointment of assignees, and grant a certificate of such revo-revoked. cation, which shall be recorded in the office of the Register of Deeds of the County; and thereupon the assignment that may have been previously executed to the assignees so refusing to certify, shall be void. Assignees may be ment directed. (5475.) SEC. 24. The officer shall thereupon direct a new And new assignassignment to be made to such persons as shall be appointed for that purpose; and in case of such new assignment being executed, the certificate of the assignees to the fact, shall be required in the same manner as of the first assignees. (5476.) SEC. 25. All proceedings under the said two last pre-Proceedings to be ceding chapters, shall be filed by the officer before whom the same shall be consummated, within one month thereafter, with the Clerk of the Circuit Court for the County in which such officer resides. filed with Clerk. United States not (5477.) SEC. 26. No debt or duty to the United States shall Debts, etc., to be in any way affected by such discharge; nor can any debtor affected. of the United States be exonerated by such discharge from What debts, etc., to this State, em Titlo. imprisonment in any suit or proceeding founded upon a debt to the United States. (5478.) SEC. 27. All debts and duties to this State, except braced in this taxes, shall be affected by such discharge, in the same manner as debts to individuals; and debtors may be discharged and exonerated from imprisonment, in suits brought in the name of the People of this State, in the same manner as in suits by individuals; and in such cases, whenever it shall be necessary to serve any notice upon plaintiffs, according to the provisions of this title, the same may be served on the Attorney General, who shall, in all proceedings under this title, represent the People of this State. CHAPTER CLXX. OF THE POWERS, DUTIES, AND OBLIGATIONS OF ASSIGNEES OF SECTION 6479. Assignees declared Trustees for benefit of creditors. 5480. One Assignee. 5481. Powers when more than one. 5482. Surviving Assignee, etc. 5483. Oath to be taken by Assignees. 5484. Assignees vested with Estate. 5485. Powers of Assignees. 5486. Notice to be given by Assignees. 5488. Liability of persons concealing property, etc. 5489. Proceedings in case of concealment or 5490. Examination. 6491. Person refusing to be sworn, etc, to be 5492. Proceedings in case of Habeas Corpus, etc. 5495. Persons discovering effects, etc., entitled 5496. Reference of controversy. 5497. Notice of application for appointment of 0498. Referees how nominated. SECTION 5499 How selected. 5500. Selection to be certified and rule entered. 5503. Assignees to convert Estate into money; To keep account, etc. 5504. When and how general meeting of credit ors to be called. 5505. Proceedings at meeting. 5506. Disbursements and commissions. 5508. Distribution of residue. 5509. Debts due from Debtor as Guardian, etc 5514. Fines recovered by Assignees to be dis- 5515. Second and other dividends. 5516. Creditors omitting to deliver accounts on first dividend, etc. 5517. Unclaimed dividends. 5518. Surplus to be paid to Debtor. 5519. Assignees to render account on oath, and file same with Clerk. ed Trustees for ors. (5479.) SECTION 1. All assignees appointed under the pro- Assignees declarvisions of this title, are hereby declared to be Trustees of the benefit of credit. estate of the debtor, in relation to whose property they shall be appointed, for the benefit of his creditors, and shall be vested with all the powers and authority hereinafter specified, and shall be subject to the control, obligations and responsibilities hereinafter declared. (5480.) SEC. 2. When one assignee only shall be appointed, One Assignee. all the provisions herein contained in reference to several assignees, shall apply to him. more than one. (5481.) SEC. 3. When more than one assignee shall be rowers when appointed, the debts and property of the debtor may be collected and received by one of them; and when there are more than two assignees, every power and authority of the whole may be exercised by any two of them. signee, etc. (5182.) SEC. 4. The survivor or survivors of any assignees, Surviving Asshall have all the powers and rights given to such assignees; and all property in the hands of any assignee at the time of his death, removal or incapacity, shall be delivered to the remaining assignce or assignees, if there be any; or to the successor of the one so dying, removed or incapacitated, who may demand and sue for the same. by Assignees. (5483.) SEC. 5. Before proceeding to the discharge of any oath to be taken of their duties, all such assignees shall take and subscribe an oath that they will well and truly execute the trust by their appointment reposed in them, according to the best of their skill and understanding; which oath shall be filed with the officer who appointed them. (5181.) SEC. 6. The assignees taking such oath, shall be Assignees vested deemed vested with all the estate, real and personal, of such with estate. |