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as aforesaid ; and all such estate and effects. shall be, to all intents and purposes, as effectually and legally vested in such new assignee or assignees, as if the first assignment had been made to him or them, by the said commissioners; and if such first assignee or aflignees shall refuse or neglect, for the space of ten days next after notice, in writing, from such new aflignee or affignees, of their appointment, as aforesaid, to deliver over as aforesaid, all the estate and effects as aforesaid, every such assignee or assignees, shall, respectively, forfeit a fum not exceeding five thoufand dollars, for the ose of the creditors, and fhall moreover be liable for the property fo
Sec. S. And be it further enacted, That at may re- any time, previous to the closing of the acmove the counts of the said assignee or assignees, so cho. affignees sen as aforesaid, it thall be lawful for such and chale creditors of the bankrupt, as are hereby auothers.
thorized to yote in the choice of assignees, or the major part of them, in value, at a regular meeting of the said creditors, to be called for that purpose, by the said commiffioners, or by one fourth, in value, of such creditors, to remove all or any of the assignees chosen as aforesaid, and to choose one or more in his or their place and stead: and such aslignee or aslignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come into his or their hands or poffeffion, unto such new affignee or assignees as shall be chosen by the creditors, at such meeting; and all such estate and effects shall be, to all intents and purposes, as effectually and legally vested in such new assignee or affignees, as if the first assignment had been
made to him or them, by the faid commiffioners: And if such former assignee or assignees shall refuse or neglect, for the space of ten days next after notice, in writing, from such new assignee or assignees, of their appointment, as aforesaid, to deliver over, as aforesaid, all the estate and effects aforesaid, every such former assignee or assignees, shall, respectively, forfeit a sum not exceeding five thousand dollars, for the use of the creditors, and shall moreover be liable for the property fo detained.
Sec. 9. And be it further enacted, That when-s, ever a new affignee or affignees shall be cho abated by fen as aforesaid, no suit at law or in equity the remoshall be thereby abated; but it shall and may val of afbe lawful for the court in which any suit may lignées. depend, upon the suggestion of a removal of a former aliignee or allignees, and of the appointment of a new assignee or assignees, to allow the name of such new aslignee or aflignees, to be substituted in place of the name or names of the former affignee or aflignees, and thereupon the suit shall be prosecuted in the name or names of the new aflignee or afsignees, in the same manner as if he or they had originally commenced the suit in his or their own names.
Sec. 10. And be it further enacted, That the assignment or assignments of the commission. General ers of the bankrupt's estate and effects as effect of
the alligt a aforesaid, made as aforesaid, shall be good at law or in equity, against the bankrupt; and the comall persons claiming by, from, or under such millioners bankrupt, by any act done at the time, or after he shall have committed the act of bankruptcy, upon which the commission issued : Provided always, that in case of a bona fide pur
chase made before the issuing of the commis. fion from or under such bankrupt, for a valu. able consideration, by any person having no knowledge, information or notice of any act of bankruptcy committed, such purchase shall not be invalidated or impeached.
Sec. 11. And be it further enacled, That the
said commissioners shall have power, by deed bar an eltatetail, or deeds, under their hands and seals, to af
sign and convey to the assignee or assignees, to be appointed or chosen as aforesaid, any lands, tenements, or hereditaments, which such bankrupt shall be seised of, or entitled to, in fee tail, at law, or in equity, in poffeffion, remainder or reversion, for the benefit of the creditors; and all such deeds, being duly executed and recorded according to the laws of the state within which such lands, tenements or hereditaments may be situate, shall be good and effectual against all persons whom the said bankrupt, by common recovery, or other means, might or could bar of any estate, right, title, or possibility of or in the said lands, tenements, or hereditaments.
Sec. 12. And be it further enačted, That if
any bankrupt shall have conveyed or assured Commis- any lands, goods or estate, unto any person,
upon condition or power of redemption, by inay ten
era payment of money or otherwise, it shall be formance lawful for the commissioners, or for any perof the son by them duly authorized for that pur
- pose, by writing, under their hands and seals, ons on P which the to make tender of money or other performbank- ance according to the nature of such condirupt’s pro- tion, as fully as the bankrupt might have perty is done ; and the commissioners, after such perpledged.
formance or tender, shall have power to assign 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.
Sec. 13. And be it further enacied, That the commissioners aforesaid shall have power to the alieri assign, for the use aforesaid, all the debts due ment of to such bankrupt, or to any other person for debts, and his or her use or benefit; which assignment mode of shall vest the property and right thereof in the
recovery. affignee or affignees of such bankrupt, as fully as if the bond, judgment, contract or claim, had originally belonged or been made to the said aflignees; and after the said assignment, neither the said bankrupt, nor any person acting as trustee for him or her, shall have power to recover or discharge the same, nor shall the same be attached as the debt of the said bankrupt; but the assignee or assignees aforesaid shall have such remedy to recover the fame, in his or their own name or names, as such bankrupt might or could have had, if no commission of bankruptcy had issued: And when any action in the name of such banka rupt shall have been conimenced, and shall be pending for the recovery of any debt or effects of such bankrupt, which shall be affigned, or shall, or might become vested in the assignee or assignees of such bankrupt as aforesaid, then such alignee or assignees may claim to be, and shall be thereupon admitted to profecute such action in his or their name, for the use and benefit of the creditors of such bankrupt; and the fame judgment shall be rendered in such action, and all attachments or other security taken therein, shall be in like manner holden and liable, as if the said action had been originally commenced in the name of such aslignee or affignees, after the original plaintiff therein had become a bankrupt as aforesaid : Pro
vided, that where a debtor fhall have, bona fide, paid his debt to any bankrupt, without notice that such person was bankrupt, he or she shall not be liable to pay the same to the assignee or assignees.
Sec. 14. And be it further enacted, That if Mode of complaint shall be made or information given discover- to the commissioners, or if they shall have ing con
good reason to believe or suspect, that any of cealed property the property, goods, chattels, or debts, of the or debts, bankrupt, are in the possession of any other
person, or that any person is indebted to, or for the use of the bankrupt, then the said commissioners shall have power to summon, or cause to be summoned, by their attorney or other person duly authorized by them, all such persons before them, or the judge of the district where such person shall reside, by such process, or other means, as they shall 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 administer, respecting the knowledge of all such property, goods, chattels, and debts ; and if such person shall refuse to be sworn or affirmed, and to make answer to such queftions or interrogatories as shall be adminiltered, and to subscribe the said answers, or upon examination Niall not declare the whole truth, touching the subject matter of such examination, then it fall be lawful for the commissioners, or judge, to commit such person to prison, there to be detained until they shall submit themselves to be examined in manner aforesaid, and they shall moreover, forfeit double the value of all the property, goods, chattels, and debts, by then concealed.