The Providence news. (Providence [R.I.]) 1891-1906, 1902-06-12

ed TO such creditors at their respective
addresses as they appear In the schedule
made by the assignor and died with the
! assignee. Any such assignee m~y be re-
moved by said appellate division, for
cause shown. upon petition OF one-ffth
In amount OF the creditors and upon at
least five days notice by mall. postpaid.
directed 10 all creditors at their respec-
tive addresses, as aforesaid. and directed
TO said assignee. In case OF the death,
resignation. or removal OF any such as
signee. a successor may be appointed by
said appellate division. upon the petition
| OF any person interested. with like notice
| as aforesaid TO all such creditors and 10
! such assignor.
Sec. /. Every assignment at common
| law for the benefit OF creditors shall be
effectual TO dissolve any attachment. levy,
i or lien placed upon the property OF the
assignor not more than four months prior
| 10 the making OF such assignment, and
the costs In full OF such attachment, levy,
or lien shall constitute a preferred claim
against the assigned estate az part OF the
costs of administering the trust The
property affected wholly by such attach
ment. levy, or lien shall be deemed dis
charged and released from the same and
shall pass to the assignee as part OF the
assigned estate, and the appellate divi-
sion OF the supreme court may order
such conveyance as may be necessary TO
| carry the purposes OF this action into ef-
| feet: Provided, that nothing herein con-
| tanned shall have the effect TO destroy or
impair any title obtained by such at
| tachment. levy. or lien by a bona fde
purchaser for value who shall have ac-
| quired the same without notice or reason
able cause OF enquiry.
| Sec. 5. No such assignee shall sell any
| property of his assignor. except perish
| able goods, or I'm continuation OF the
business OF the assignor I'm It's ordinary
| course and without power to purchase
| new stock or TO incur other than neces-
| sary expense for keeping the business
| along, without giving at least ten days
| notice to all creditors by mail. postpaid.
directed TO such creditors at their respec-
| tive addresses as they appear In the
schedule made by the assignor. and stat
| Ing that such property will be sold at
| public auction at n given time and place,
and such assignee shall also give like no.
| tice of such auction sale I'm some public
newspaper published in the town or city,
or II none be there published, I'm some
| public newspaper published I'm the county
where such auction sale will be held Pro-
vided. that private sale at fixed price
may be made by consent of all creditors
named I'm such schedule, or by order OF
the appellate division OF the supreme
court upon application of the assignee
and after like ten days notice by mail to
such creditors. Such assignee may Also
like order OF said appellate division. re-
deem all mortgages, conditional contracts.
pledges, and liens OF or upon any proper
ty of the assignor conveyed under the as
signment
Sec. g. Such assignee shall demand. sue
for, and receive from all persons all the
estate In their possession conveyed by
the deed OF assignment: and such as
signee may intervene in any action. suit.
or proceeding relating TO the property
conveyed by the assignment and take up-
on himself the prosecution or defence
thereof.
Sec. 7. No suit or proceeding pending at
the time of the death, resignation, or re-
moval OF any such assignee. and TO which
he Is a party, shall be abated by his
death, resignation. or removal but the
same may be proceeded with or defended
| by his joint assignees assignee. or sue
| cessor, In the same manner as though
the same had been begun or was being
defended by such Joint assignees or as
| sgnee alone. or by such successor.
| Sec s. No such assignee at common
| law for the benefit OF creditors shall ex-
| cept by consent I'm writing OF all the
creditors OF the 0signor pay any diyi-
dend until the expiration OF the period or
four months from the making Of such as
signment. In case no petition In bank
ruptcy or insolvency has been filed with
in such period. such assignee shall COM
plete the administration OF said assigned
estate as soon as may be, and upon the
payment OF final dividend shall make
itemized sworn report In writing to the
appellate division OF the supreme court
or all his proceedings under his trust
and said appellate division. after at least
ten days notice by such assignee by mail
postpaid. directed 10 the creditors Of
such assignor at the respective addresses
as they appear In the schedule made by
such assgnor and filed with such as
signee, of the time and place for hearing
upon such assignee's report shall exam
inc such assignee's report and hear any
parties interested, and upon the expira-
tion OF ten days after the approval OF
such report, or upon decision approv-
ing such report by the full appellate divi-
sion OF the supreme court when a re-
hearing is claimed, or upon certifcation
by single justice thereof as hereinafter
provided, the surety upon any bond OF
such assignee shall be thereupon dis
charged.
Sec. 9. In all proceedings arising under
this chapter, whenever such assignor or
some one of such assignors Is an inhab-
itant Of or located in Providence. Bristol
or Kent county, the papers shall be fled
In the clerks office of the appellate divi-
sion in Providence; and whenever such
assignor or one of such assignors Is an
inhabitant OF or located In either Newport
or Washington county, the papers shall
be fled in the clerks office of said divi-
sion In Newport or South Kingstown re-
spectively. All hearings may be had
wherever said appellate division may be
in session, and one OF the justices of said
appellate division shall be a quorum
therein for all purposes. except on rehear-
ing by the fun bench as hereinafter pro-
vded Any party aggrieved by de-
cision or order OF single justice upon
any question arising In any proceedings
hereunder may have a rehearing thereon
by the full appellate division OF the SUI
prerpe court NY claiming the same in writ
ing filed with the clerk at any time within
ten days after the entry OF such deci-
sion or order: and also the said justice,
!, II he deem IL advisable, may at once certi-
fy any question TO the full appellate
division. The decision OF said appellate
division shall be final and conclusive on
such rehearing. The proceedings In all
cases under this chapter shall be deemed
matters of record; but the same shall
not be required to be recorded at large,
but shall be fled and numbered I'm the
office OF the clerk of the proper appellate