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Creditors

may re

as aforefaid; and all fuch eftate and effects fhall be, to all intents and purpofes, as effectually and legally vefted in fuch new affignee or affignees, as if the firft affignment had been made to him or them, by the faid commiffioners; and if fuch firft affignee or affignees fhall refufe or neglect, for the fpace of ten days next after notice, in writing, from fuch new affignee or affignees, of their appointment, as aforefaid, to deliver over as aforefaid, all the estate and effects as aforefaid, every fuch affignee or affignees, fhall, refpectively, forfeit a fum not exceeding five thoufand dollars, for the use of the creditors, and fhall moreover be liable for the property fo detained.

Sec. 8. And be it further enacted, That at any time, previous to the clofing of the acmove the counts of the faid affignee or affignees, fo choaffignees fen as aforefaid, it shall be lawful for fuch and chafe creditors of the bankrupt, as are hereby au

others.

thorized to vote in the choice of affignees, or the major part of them, in value, at a regular meeting of the faid creditors, to be called for that purpose, by the faid commiffioners, or by one fourth, in value, of such creditors, to remove all or any of the affignees chosen as aforefaid, and to choose one or more in his or their place and ftead: and fuch affignee or affignees as fhall be fo removed, fhall deliver up all the eftate and effects of fuch bankrupt, which fhall have come into his or their hands or poffeffion, unto fuch new affignee or affignees as shall be chofen by the creditors, at fuch meeting; and all fuch estate and effects shall be, to all intents and purposes, as effectually and legally vefted in fuch new affignee or affignees, as if the firft affignment had been

made to him or them, by the faid commiffioners: And if fuch former affignee or af fignees fhall refufe or neglect, for the fpace of ten days next after notice, in writing, from fuch new affignee or affignees, of their appointment, as aforefaid, to deliver over, as aforefaid, all the estate and effects aforefaid, every fuch former affignee or affignees, fhall, respectively, forfeit a fum not exceeding five thousand dollars, for the ufe of the creditors, and fhall moreover be liable for the property fo detained.

Suits not

Sec. 9. And be it further enacted, That whenever a new affignee or affignees fhall be cho- abated by fen as aforefaid, no fuit at law or in equity the remo fhall be thereby abated; but it fhall and may val of afbe lawful for the court in which any fuit may fignees. depend, upon the fuggestion of a removal of a former affignee or affignees, and of the appointment of a new affignee or affignees, to allow the name of fuch new affignee or affignees, to be fubftituted in place of the name or names of the former affignee or affignees, and thereupon the fuit fhall be profecuted in the name or names of the new affignee or affignees, in the fame manner as if he or they had originally commenced the fuit in his or their own names.

effect of

the alig

Sec. 10. And be it further enacted, That the affignment or affignments of the commiffion- General ers of the bankrupt's eftate and effects as aforefaid, made as aforefaid, fhall be good at ment by law or in equity, against the bankrupt; and the comall perfons claiming by, from, or under fuch mithioners bankrupt, by any act done at the time, or after he fhall have committed the act of bankruptcy, upon which the commiffion iffued: Provided always, that in case of a bona fide pur

It fhall

bar an

chase made before the iffuing of the commiffion from or under fuch bankrupt, for a valuable confideration, by any person having no knowledge, information or notice of any act of bankruptcy committed, fuch purchase fhall not be invalidated or impeached.

Sec. 11. And be it further enacled, That the faid commiffioners fhall have power, by deed eftate tail, or deeds, under their hands and feals, to affign and convey to the affignee or affignees, to be appointed or chofen as aforefaid, any lands, tenements, or hereditaments, which fuch bankrupt fhall be feifed of, or entitled to, in fee tail, at law, or in equity, in poffeffion, remainder or reverfion, for the benefit of the creditors; and all fuch deeds, being duly executed and recorded according to the laws of the state within which fuch lands, tenements or hereditaments may be fituate, fhall be good and effectual against all perfons whom the faid bankrupt, by common recovery, or other means, might or could bar of any eftate, right, title, or poffibility of or in the faid lands, tenements, or hereditaments.

Commiffioners

may ten

Sec. 12. And be it further enacted, That if any bankrupt fhall have conveyed or affured any lands, goods or eftate, unto any perfon, upon condition or power of redemption, by der per- payment of money or otherwife, it fhall be formance lawful for the commiffioners, or for any perof the fon by them duly authorized for that purpofe, by writing, under their hands and feals, which the to make tender of money or other performbank- ance according to the nature of fuch condirupt's pro- tion, as fully as the bankrupt might have perty is done; and the commiffioners, after fuch perpledged. formance or tender, fhall have power to affign

conditi

ons on

fuch lands, goods and estate, for the benefit of

the creditors, as fully and effectually as any other part of the estate of such bankrupt.

Effed of

Sec. 13. And be it further enacted, That the commiffioners aforefaid fhall have power to the allignaffign, for the use aforefaid, all the debts due ment of to such bankrupt, or to any other perfon for debts, and his or her use or benefit; which affignment node of fhall veft the property and right thereof in the recovery. affignee or affignees of fuch bankrupt, as fully as if the bond, judgment, contract or claim, had originally belonged or been made to the faid affignees; and after the faid affignment, neither the faid bankrupt, nor any perfon acting as trustee for him or her, fhall have power to recover or discharge the fame, nor fhall the fame be attached as the debt of the faid bankrupt; but the affignee or affignees aforefaid fhall have fuch remedy to recover the fame, in his or their own name or names, as fuch bankrupt might or could have had, if no commiffion of bankruptcy had iffued: And when any action in the name of fuch bankrupt shall have been commenced, and fhall be pending for the recovery of any debt or effects of fuch bankrupt, which fhall be affigned, or fhall, or might become vested in the affignee or affignees of fuch bankrupt as aforefaid, then fuch alignee or affignees may claim to be, and fhall be thereupon admitted to profecute such action in his or their name, for the ufe and benefit of the creditors of fuch bankrupt; and the fame judgment fhall be rendered in fuch action, and all attachments or other fecurity taken therein, fhall be in like manner holden and liable, as if the faid action had been originally commenced in the name of fuch affignee or affignees, after the original plaintiff therein had become a bankrupt as aforefaid: Pro

vided, that where a debtor fhall have, bona fide, paid his debt to any bankrupt, without notice that fuch perfon was bankrupt, he or fhe fhall not be liable to pay the fame to the affignee or affignees.

Sec. 14. And be it further enacted, That if Mode of complaint fhall be made or information given difcover- to the commiffioners, or if they fhall have ing congood reason to believe or suspect, that cealed any of property the property, goods, chattels, or debts, of the or debts. bankrupt, are in the poffeffion of any other

perfon, or that any perfon is indebted to, or for the ufe of the bankrupt, then the faid commiffioners fhall have power to summon, or cause to be fummoned, by their attorney or other perfon duly authorized by them, all fuch perfons before them, or the judge of the diftrict where fuch perfon fhall refide, by fuch procefs, or other means, as they fhall think convenient, and upon their appearance, to examine them by parol or by interrogatories, in writing, on oath, or affirmation, which oath or affirmation they are hereby empowered to adminifter, refpecting the knowledge of all fuch property, goods, chattels, and debts; and if fuch perfon fhall refufe to be fworn or affirmed, and to make answer to fuch queftions or interrogatories as fhall be adminif tered, and to fubfcribe the faid anfwers, or upon examination fball not declare the whole truth, touching the fubject matter of fuch examination, then it fhall be lawful for the commiffioners, or judge, to commit such person to prison, there to be detained until they fhall fubmit themselves to be examined in manner aforefaid, and they fhall moreover, forfeit double the value of all the property, goods, chattels, and debts, by them concealed.

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