The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-13

Sec. 3. The creditors OF the qsstgnor VINO
desire TO participate In the dbtiiNut1n OF
tho assets shall within four months otter
the publication OF the nJtice required In
the preceding section. give notice 10 me
assignee IN writing that he accepts said
assignment. but any creditor who had no
actual notice of such assignment may rake
known his assent at any time before any
distribution OF the assets has been made
No creditor who does no. accep, the as-
signment shall receive any benefit there
under. The receipt by credttof'of airy
portion OF his claim from the assister shall
be- conclusive evidence Of his assent to
such assignment.
Sec. 6. Every such asst tase shall lie
resident of this STATE and the county in
which the property ASST ,ncd is situated.
or IN which his principal busii,ris % CO n
Quoted, and shall, wi; ain FIVE days after
the execution and deliysiy OF the iced
OF assignment. execute a bond in an amount
double OF tho estimated value OF NE os-
tate. to be fixed by the judge APT owing
said bond, with two or more good and
sufficient sureties, to be Approved ~ The
county judge OF the county IN sAich the
assignee resides. or by the district Judge
OF the judicial district in which slch coun-
~ is situated, conditioned that he viii
talthluily discharge his duties as such as
signoe and make pro rata distributions OF
all the net proceeds Of the estate among
the crGdttors entitled thereto. which bond
shall be made payable TO the State OF
Texas. and be filed with the county clerk
of the county In which such assignee re-
sides. Said bond shall inure to the benefit
of the asssnor, and the creditors who may
maintain an action thereon in his or her
name, jointly o. scSerally. for any dam
age he or they may sustain by rarson of
any breach thereof. or violation of this law
Upon tho filing and approval Of said bond
the assignee shall take possession of said
property and proceed to execute the as
signment II such assignee shall fail or re-
iuse to execute such bond within five days
from tho delivery Of the deed OF assign
ment, such deed of assignment shall never
thcless. take effect. as against the assignor
and 1t shall be the duty % the county or
district Judge aforesaid. uuon the applica-
ton OF the assgnor or my creditor, to APP
point another competent assignee. which
appointment shall be in writing who sht II,
upon the execution and approval of such
bond, as herein provided take charge of
such property and execute the assignment
IN the same manner as if he had been APP
pointed in such deed of assignment. No
fraudulent act. intent or purpose of the
assignor or assignee shall have the effect
TO defeat the assignment, ~ to deprive the
creditors conserving thereto. of the bene-
fits thereof. but any such fraudulent act,
intent or purpose of the assignee shall he
cause of his removal, and any
creditor may become party to
prosecute or defend any suit or proceed
Ing for the enforcement of his rights, or
Tor the protection of his interests in the
assigned property. swN
See. 7. Every creditor consentng to All
assignment shall within six months frbm
the time of the first publication o. the no.
lico Of the appointment Of the assignee, file
with such assignee a distinct statement OF
the particular nature and the AMOUNT of
his claim against the debtor. which shall
he supported by an affidavit Of the creditor,
his agent or attorney, that the statement
Is true. that the debt is just aud that
there are no credits or offsets that should
he allowed against the claim, except as
shown by the statement, and no creditor
shall take any benefit under any assignee
whatever who negleCts to file such state
ment
See. s. Any creditor conseutng not to
the assignment may garnishCe the assignee
Tor any excess of such estate remaining
in his hands, after the payment to the con-
scnting creditors the amount OF their debts
aud their costs. and expenses OF executing
the assignment.
Sec. .. All property conveyed or trans
ierred to the assignor. previous TO and in
contemplation OF the assignment with the
intent or desisn to defeat. delay OF de-
fraud creditors, or TO give preference to one
creator over another. shall pass to the as
slshee by the assignment. Notwithstanding
such transfer. and the assignee, or III case
OF his neglect or refusal. any creditor or
creditors may. in his name, upon securing
such assignee against cost of liability. sue
ior, recover. collect and cause the same to
De applied for the benefit of creditors as
other property belonging to the debtor :
estate in the hands of the assignee, but ii
IL shall appear IN such action that the pur-
CHASER OF any such property bought the
same OF the asslsnor in good faith. and Tor
a valuable consideration. and without rea-
son to believe that the debtor was convey
ms or transferring the same with the in-
tent or design aforesaid. such purchaser
shall be held to have acquired as against
the assignee and creditors aforesaid. .
good and valid title to such property
sec ~ NO assignment shall be declared
fraudulent or void for want OF an inventory
or list. as provided herein but the alb
sence Of the same shall be deemed prima
iacie evidence that the assignor or debtor
mas concealed or secreted some OF his
estate from HIS assignee or creditors. and
whether the said list and inventory be
prepared and filed or not, the Judge of the
uistilct or county court i'll whose court
lHt piN'ttuiuSs shall nave Uecn filei, and
having jurisdiction of the estate assigned,
may, on the application of the assignee,
or any creditor OF the assignee or debtor.
or without such application. If the Judge
see hit, at all times require upon such
reasonable notice as the judge may Street,
the assignor or debtor or any other per-
son. to attend and submit to an eNamina
tion, on oath, all matters relating to the
disposition made or status of The property
of the estate assigned. including all tran
sactions in the past. bearing upon the
right OF the assisuce or creditors with re-
spect TO the estate in assignment as COLI
tcmplated by law. The judge may en-
force attendance and obedience to the or
dtrs made by a writ or order directed to
me sherln or any constable. commanding
the arrest Of the persons referred to In the
writ Of order, to be brought before the
Judge at a time named. for the Surpuse Of
examination as provided herein and such
examination Shall be In writing, and shall
be signed by the persons examined. sworn
10 before attested and filed with the clerk
OF such county or district court, wherein
the proceedings arc pending, for the use
of these interested in the estate: provided.
nevertheless, that no assiEnor or debtor
shall be prosecuted or uunishpd fn, on,,