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 subpoforced, 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 tead. 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 when he is exempted from imprisonment by virtue of such dis narge, and shall apply to any officer to discharge him from such arrest, such officer shall cause reasonable notice to be given to the plaintiff or his Attorney in such suit, to show cause why such debtor should not be discharged from such arrest. may be shown charge. (5471.) SEC. 20. The plaintiff in such suit may show as cause Causes which against such discharge, any fraud committed by such debtor against disin 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 refusexecuted 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 Lotwithstand 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. Appointment of (5474.) SEC. 23. Or, in such case, the officer may revoke the appointment of assignees, and grant a certificate of such revo-feed. 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. ment directed. (5475.) SEC. 24. The officer shall thereupon direct a new And now 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 5479. Assignees declared Trustees for bencât of creditors. 5180. One Assignee. 5481. Powers when more than one. 5482. Surviving Assignee, etc. 5483. Oath to be taken by Assignees. 5484. Assignees vested with Estate. 5185. Powers of Assignees. 5486. Notice to be given by Assignees. 5189. Liability of persons concealing property, 5483. Proceedings in case of concealment or 5190. Examination. 5191. Person refusing to be sworn, etc, to be 5432. Proceedings in case of Habeas Corpus, etc. 5194. Person answering how far liable; Effect of 5495. Persons discovering effects, etc., entitled 5496. Reference of controversy. 5497. Notice of application for appointment of Referees. 5498. 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. 5503. Distribution of residue. 5509. Debts due from Debtor as Guardian, etc 5514. Fines recovered by Assignees to be dis 5515. Second and other dividends. 5316 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 creditestate 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 ono. (5481.) SEC. 3. When more than one assignee shall be Powers 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, eto. (5482.) 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. (5484.) SEC. 6. The assignees taking such oath, shall be Assignees vested deemed vested with all the estate, real and personal, of such with estate. Powers of Assignees. debtor, except such as is exempted from sale on execution, from and after the execution of the assignment. (5485.) SEC. 7. The said assignees shall have power: 1. To sue in their own names or otherwise, and recover all the estate, debts and things in action, belonging or due to such debtor, in the manner and with the like effect as such debtor might or could have done, if no assignee had been appointed, or an assignment had not been made; and no set-off shall be allowed in any such suit, for any debt, unless it was owing to such creditor by such debtor, before the publication of notice to creditors to show cause why the insolvent should not be discharged; but no suit in Chancery shall be brought by the assignees, without the consent of the creditors having a major part of the debts which have been exhibited and allowed, unless the same exceed five hundred dollars; 2. To take into their hands all the estate of such debtor, whether delivered to them or afterwards discovered; and all books, vouchers and securities relating to the same; 3. From time to time to sell at public auction, all the estate vested in them, which shall come to their hands, giving at least fourteen days' notice of the time and place of sale, and also publishing the same for three weeks in a newspaper printed in the county where the sale shall be made, if there be one; 4. To allow such credit on the sale of real property by them, as they shall deem reasonable, not exceeding one year, for not more than three fourths of the purchase money, which credit shall be secured by a bond of the purchaser, and a mortgage on the property sold; 5. On such sales to execute the necessary conveyances and bills of sale; 6. To redeem all mortgages and conditional contracts, or other incumbrances, and all pledges of personal property; or to sell such property subject to such incumbrances, contract or pledges; 7. To settle all matters and accounts between such debtor and his debtors and creditors, and to examine any person touching such matters and accounts, on oath to be administered by either of them; and: 8. Under the order of the officer appointing them, to compound with any person indebted to such debtor, and thereupon to discharge all demands against such person. (5486.) SEC. 8. The assignees, immediately upon their |