proviso,

ment.

property to the assignee until such bond shall be filed with and approved by said clerk: And Provided further, That Further no attachment or execution levied upon any assigned property attachment, of such assignor after such assignment and before the expira- etc. tion of the time provided herein for filing such bond, shall be valid or create any lien upon such property. Such assignment Acknowledgshall be acknowledged before some officer authorized to take acknowledgements. Such inventory shall be a detailed statement as near as may be of the general description, value and location of all the property and rights assigned, and in cases of persons engaged in business, specifying the original cost of any goods, wares, merchandise, fixtures and furniture. Such list of creditors shall, as far as the assignor can state the same, contain the name and postoffice address of each creditor, the amount due as near as may be over and above all defenses, the actual consideration for the debt, when contracted, and all securities and the value thereof held by each creditor. Such inventory and list of creditors shall be sworn Verification of inventory by the assignor to be full, true and correct to the best of his and list of knowledge, information and belief. Such bond shall be to creditors.

of bond.

the assignor for the joint and several use and benefit of himself and each, any and all of the creditors of such assignor in a penal sum at least double the value of the assigned Penal sum property as shown by such inventory, and conditioned for the prompt and faithful administration of the trust by the assignee and shall be signed by the assignee and sufficient. surety or sureties, who shall, under oath indorsed on said bond, testify that they are worth in the aggregate over and above all exemptions, incumbrances and debts, the penal sum of said bond.

SEC. 2. Such assignment shall be deemed to convey to the what to assignee all property of the assignor not exempt from execu- convey. tion, and all rights legal or equitable of said assignor. The Powers of assignee shall also be trustee of the estate of the debtor for assignees. the benefit of his creditors and may recover all property or rights or equities in property which might be recovered by any creditor. When more than one assignee is appointed, the debts and property of the assignor 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. The survivor or survivors of any assignees shall have all their powers and rights and all property in the hands of any assignee at the time of his death, removal or incapacity, shall be delivered to the remaining assignee 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.

SEC. 3. Among other things the said assignee shall have Specific power to:

1. Sue in his own name as such assignee and recover all the estate, debts and things in action belonging or due to such assignor in the manner and with like effect as he might

powers of assignee.

Appraisement of property.

or could have done if an assignment had not been made, but no suit in chancery shall be brought by the assignee involving less than five hundred dollars without the consent of the court.

2. Take into his hands all the estate of such assignor whether delivered to him or afterwards discovered, and all books, vouchers and papers relating to the same;

3. From time to time sell the assets at public auction or at private sale, as herein provided;

4. Redeem all mortgages and conditional contracts or other incumbrances and pledges of personal property; or sell such property subject to such incumbrances, contracts or pledges;

5. Settle all matters and accounts between such assignor and his debtors and creditors and examine, on oath to be administered by him, any person touching such matters and accounts;

6. Compound with any person indebted to such assignor, under order of said court or judge;

7. Prosecute or defend suits pending in favor of or against said assignor.

SEC. 4. As soon as practicable after receiving said assignment, the assignees shall cause an appraisement of such property to be made by two disinterested competent persons under oath, and filed with the clerk of the court. Within ten days after completion of the appraisal, the assignee shall apply to the circuit court in chancery or the judge thereof for direction as to the disposition of the assets. Such application shall be by petition, showing what, in the opinion of the assignee, is the most advantageous method of effecting such disposition. Notice of such application of not less than ten days shall be given by mail to all creditors known to the assignee, and proof thereof filed with the clerk prior to such hearing. The assigned property and assets shall be sold at public or at private sale, in one parcel or separately. as said court or judge may direct. As least fourteen days' notice of the time and place of any public sale shall be given by publishing the same in a newspaper printed and circulated in the county where the sale shall be made, if there be one. and if not then in such paper as the court shall direct, once in each week for at least two successive weeks prior to said Terms of sale sale and by mailing a copy of the same to all creditors. All sales of personal property shall be for cash, but on sales of real property credit may be given for not exceeding one year and for not more than three-fourths of the purchase money, which shall be secured by mortgage on the property sold.

Sale of property.

Notice.

Notice to creditors.

SEC. 5. Within ten days after receiving such trust, the assignee shall give notice to all creditors personally or by mail (accompanied by blank proof of claim) requiring them to prove their claims within ninety days there after by a proof of claim to be filed with the assignee, or in default thereof, that the assignee will proceed to

proof of

distribute the estate' as soon as practicable without reference to claims not proved when dividends are paid. It Limitation of shall not be obligatory upon the assignee to receive proofs claims. of claim after the expiration of said ninety day period except upon order of the court, and the court shall not allow any claim by any creditor so notified to be received after the expiration of one year from the date on which the assignment is filed. Within ten days after the expiration of said ninety day period the assignee shall serve personally or by List of claims mail upon each of the creditors a complete list of all creditors who have filed proof of claim giving in each instance the name, postoffice address and amount claimed. After the expiration of twenty days from the time when said notice is given, the assignee shall file all proofs of claim with the clerk of the court accompanied by any notices of contest which he may decide to make.

proved.

claims to be

sworn, etc.

SEC. 6. Each proof of claim must be sworn to and must Proofs of state the actual amount unpaid and owing, the actual consideration thereof, when the same was contracted, when the same has become or will become due, whether any or what securities are held therefor, whether any and what payments have been made thereon, that the sum claimed is justly owing from the assignor to the claimant, and that the claimant has not, nor has any other person for his use, received any security or satisfaction whatever other than that set forth in such proof. When the claim is founded upon an account an itemized statement thereof shall be given and when the claim is founded upon any note or similar instrument, a copy thereof shall be attached and the production of the original may be required by the assignee.

contest

instituted.

SEC. 7. The assignee may contest any claim. Any creditor Assignee may desirous of having a claim contested may by writing request claims. the assignee to do so and the service of any such request shall operate to stay the payment of any dividend upon such claim until the further order of the court; or any creditor may petition the court for an order requiring the assignee to contest any claim. The contest of any claim shall be insti- Contest, how tuted by serving, personally or by mail, a notice upon the claimant stating that such claim will be contested and for what reasons. Upon said proof of claim and proof of such service being filed with the clerk of said court, he shall enter such contest upon the law side of the court as a cause in the name of such creditor against such assignor. The circuit Trial. court of such county shall proceed with the trial of said cause in the same manner as in other suits at law and shall have power to cause further pleadings to be filed and to allow new or amended ones as may be deemed necessary. The costs or any part thereof may be awarded to either party Costs. as the court may deem just and right under the circumstances. Whenever costs are awarded to the creditor, they shall be taxed and shall be paid by the assignee out of the assets if he has sufficient for that purpose.

Set off of

etc.

SEC. 8. In all cases of mutual debts or mutual credits mutual debts, between the estate of an assignor and a creditor, the account shall be stated and one debt shall be set off against the other and the balance only shall be allowed or paid. A set-off or counter claim shall not be allowed in favor of any debtor of the assignor which is not provable against his estate, or which was purchased by or transferred to such debtor after the filing of the assignment or prior to the filing thereof with a view to such use and with knowledge or notice that such assignor was insolvent.

Circuit court
in chancery
to have
supervisory
power, etc.

Assignee to keep accounts.

Report.

SEC. 9. The circuit court in chancery for said county shall have supervisory power of all matters, questions and disputes arising under such assignment, (except as otherwise provided in this chapter) and may on the application of the assignee or any person interested, make all necessary and proper orders for the management and disposition of the assigned property, the allowance of claims, the re-examination thereof, the distribution of the assets and avails, the recovery of all property claimed by third persons, the prevention of any fraudulent transfer or change in the property or effects of the assignor or the allowance or payment of any unjust or fraudulent claim, the furnishing from time to time of new bonds or sureties who shall justify as herein provided, the removal of any assignee for cause and the appointment of a successor to any assignee who shall die, resign or be removed; and the judge of said court may, on the application of the assignee or any creditor require the assignor or any other person upon reasonable notice to appear before him and submit to examination under oath upon all matters relating to the disposal of the property of the assignor, to his trade and dealings with others and his accounts concerning the same, and all debts due or claimed from him, and any and all other matters concerning his property and estate or the concealment or embezzlement thereof and the due settlement of the estate according to law, which examination may, at the request of any party to the proceedings be reduced to writing and filed in said matter with the county clerk of said county; and may likewise at any time before the final settlement of the accounts of the assignee, require the attendance of and examine the assignee as to all matters appertaining to the estate of the assignor or the administration of said trust, and upon such examinations make such order in regard to costs as he shall deem proper. No power conferred upon the judge by this chapter shall be exercised by a circuit court commissioner except under a special reference made by the court.

SEC. 10. The assignee shall keep a regular account of all money received by him, to which account every creditor or other interested person shall be at liberty at all reasonable times to have access. Within three months after receiving such trust, the assignee shall file a report in said clerk's office of the condition of said estate, containing a statement of all

property whatsoever received by him and the disposition made thereof, and of all moneys received, disbursed and on hand, and shall quarterly thereafter make like report covering all matters since the preceding report. It shall be the duty of Close of trust. the assignee to close his trust if practicable within one year from the date the assignment is filed, but such court or judge shall have power upon cause shown to extend the time allowed for that purpose, for such further periods as may be reasonably necessary, but in case of application for any such extension, notice thereof by mail or otherwise as said court or judge may direct shall be given to the creditors who shall have the right to appear and be heard with reference thereto.

SEC. 11. Funds available for distribution shall be applied Order of to the payment of the following items and in the following payment. order:

1. All taxes legally due and owing by the assignor to the United States, State, county or municipality;

2. The cost of administration;

3. All labor debts entitled to preference under the laws of this State;

4.

All other debts which under the laws of the United States or of this State are entitled to priority;

5. All other claims preferred and allowed;

6. Any remaining surplus to be paid to the assignor, his representatives or assigns.

In case the funds shall be insufficient to pay any class in full, Method of then the same shall be distributed pro rata among such payment. class. No dividend on general claims shall be paid until twenty days after the second notice required by section five has been given and proof of service thereof filed with the clerk. If at the time any dividend is made, any suit or claim be pending in which a demand against such assignor may be established, the assignee shall retain in his hands the proportion which would belong to such demand if established, and the necessary costs and expenses of such suit or proceeding to be applied according to the event thereof or to be distributed in a subsequent dividend. Any creditor, who shall have neglected to make proof of his claim before any dividend but who shall make proof before a subsequent dividend, shall receive the sum or sums he would have been entitled to on any former dividend or dividends before any further distribution be made to other creditors. It shall be the duty of the assignee to endeavor to make payment of all dividends to the persons entitled thereto. If any dividend when that shall have been declared shall remain unpaid to the dividend person entitled thereto until the estate is otherwise ready linquished. to be closed, the assignee shall consider it relinquished and shall distribute it among the other creditors unless otherwise ordered by the court.

deemed re

SEC. 12. The assignee shall receive for his services, such Compensation compensation as may be allowed by the court. In the event of assignee, of an estate being administered by more than one assignee