Evening journal., 1895-02-07

ard the assignee, or Ia case or bis
neglect or refusal, any creditor OF eieat
tors may ia his name, upon securing
such assignee against cnst orlisbillty, sue
for, recover. callect and cause tine sAme Il
TO be applied for the benefit Of creditors
As other property belonging TO tne
debtors estate IN the hands OF the /
assignee; bat II II shall appear Ia such |
action that the PURCHASER Of any such /
property bought tho same OF tho
assiQnor Ia good faith and for
luebls consideration aud without
apv reason to believe that the debtor
was conveying or transferring the same
with the intent or design aforesaid such
purchaser shall be held TO have acquired
as against the asligre gnd creditors
aforesaid q good and valid title 70 such
Section 10 No assignment snail Be
declared fraudulent or void for wan
to any Inventory or list as provided
hertin. but n sueh liat and inventory be
not annexed and verified as provided iu
this act. it shall be prima facis evidence
that The asslgnor has secre % and con-
ceal6d some portion Of taa property
belonging TO his estate trom
his assignee, unless upon the
demand Of the assignee OF creditor,
such verified inventory and llst b.
furnished TO tha assignee and II any
assignee or creditor SHALL have reason to
believe shat amp debtor hes conceaied any
OF his property or estate for re purpose
81 defrauding his creditors ~ shall b
ire duty OF the chancellor apon applies
tion b said assignee or creditor 70 cepsa
such debtor to appesF before him either
i la vacation or term Of tiae. and disclose
uud r oath, any knowlsdse OK iafofma
/ ti0n IA ar she may have rslgtive to amy
/ such eonceslment
Section II II any aasignor shall ssereta
/ or conceal FROM his assignee any portion
/ OF the property belonging to bis esgetg
/ other than that which is exempt from
execution or shalt previous 80 and in
| contemplation Of the asst nment transfer
/ any property with theintent Or design to
/ defraud bis creditors, such assignee shsll
be deemed guilty OF misdsmeanor, and
upon conviction thereof shall be pun
lshed by ine or imprisonment or both ia
the discretion OF the court
Section u The statement Of Q
creditor. verified aud fled wi h the
assignee as herein before provided. shall
be sufficient prima facis evidence TO
Justify tue assignee in allowing u SIS a
valid claim against the estate, and II
shall be so allowed. and such creditor
entitled to bis proportional share Of
the debtors estate, unless the nseigaor
or other creditor disputing the same soall
within sixty days after tas expiration q
the time wthiu which the creditors are
required By this act 20 Gle their stat =
ments fls exceptions thereto Ia u o
office Of the register in chancsry Of the
county wherein said sssgn nent Is made
1 n4aN
asid q the allowance and 10 restrain { O
pay meIt thereon, fer which posr
tins assignpr or any disputing credi 8
may have such remedy jointly or sevei-
ally, By Injunction or other proper action
as The chancellor may direct TO try tha
j1stness aud validity OF the di.pu ed
, claim, and Il fl appears that an scfion
could not successfully b. maintained
at Law or ia equity by ths
creditor against Che essignor upou
snch claim. or any disputed part
thrrsof the same shall be dsaliowed n
hole On psrt is the case may BE-. sHc
, the asslFl restrained from paying thi
same Of such portion ther-oi as mss
be aisallowe3, and for the Information
0f aseign0r and creditors II Il fuTthe
. provided that che as-iguee shall alIov
, them, or any OF them, to take copy o
any creditors statement Of his ciaio
that has been filed with such assignees
as herein provided.
Section 13 Claims that are NOT dat
( may De allowed at their present value b
/ discounting them 80 the rate Of interss
mentioned ia the contract. Il any other
! wise at the legal rate, aud II say credit
holds lateral security Of Jess vAlnl
8 ! than LIS debt, the value thereof may %
) estlmetec by the assignee 9 4 only ths
3 q dsrence between such sum ana th
dsot shall be allowed
Section u II any assigr ee become
4 | uusuitable 90 perform the trust, rriu-t
!. or neglects TO do so or mismanagsa ia
!. property, the chancellor may, upon th
4 application Of the asssnor, or one q
:, more Of the creditors, upon ressenabi
: notice to all parties interested, bg pub
cation or othsrvise as the chanceilu
Y may direct, rem va such assignee, and
: case OF vacancy BY death or otherwis'
Z shall 0ppoint another in his place wh
! shall have he same powers aud BE- sut
, jeefed 30 the same liabilities as th
+ original assigneo
y section ID Whenever soy assiVne
.s / shall have III bis hands bonds aHiiieer
q to pay ten per cent % the debts due b
tne asaianor, be shall make pro rat
/, distribution 81 the samo among est
Il creditors; aud the essi ignsa shall
4 entitled to removable com pensstinn I,
a his services ard his necessary costs al
q expenses, including slso BIS attorney
N fees, all 70 Is allowed q cess of
v difference between the parties, by Il
y chaDeslior
II Section l8 Whenever any assign
N shall have fully performed the ond
~ 81 his trust aud desires % be hnaiiF al
81 charged thereiram. he may mska Il
n port Of bis proceedings under Il
~ assignment. showing the rooney "
N assets that have cotcs into his hand
NJ and how the same have bean dishnrs'
" and disposed Of, ths truth Of which ehI
a. BE- verified by his afidavit, and su
sg report shall thefeupou be filed 81
~ recorded in the ofice OF the ieqieter
~ ehnncery OF The county In which 4
e. ASSIGNMENT IS recorded, and no acti
~ shall ba brought sgenst sach assignee
'5n reason Of anything done BY him md
IA the assignment. IS shown bg bis repo
M unless the same be brought with
~ twelve months from the time Of I
hAng thereof. as aforesaid and q