Page:United States Statutes at Large Volume 14.djvu/552

 522 THIRTY—NINTH CONGRESS. SEss. II. Ch. 176. 1867. Notice, how or printcdnotice, by mail or personally, on all creditors upon the schedule 5**** i filed with the debtor’s petition, or whose names may be given to him in addition by the debtor, and to give such personal or other notice to any persons concerned as the warrant specifics, which notice shall state: no stm um First. That a warrant in bankru tc has been issued avainst the estate warrant has is f th d b p y O ‘ 0 c 0 tor. m;g;,,,,c,,t of Second. :I.`hat the payment of any debts ami the delivery of any prop. gcbtinnd trgws- erty belonging to such debtor to him or for hns usa, and the transfer of °" 9 p"°P° Y any proper! b him are forbidden b law fbdd; .YY·. —¥· .. Dhiherisg of Tlurd. That a meeting of the creditors of the debtor, gwing the names, gfggmfg Wei! residences, and amounts, so far as known, to prove their debts and choose s’ °' one or more ussigneos of his estate, will be held at a court of bankruptcy, to be holden at 2. time and place designated ll] the warrant, not less than ten nor more than ninety days after the issuing of the same:. OF ASSIGNMENTS AND Assmmczs. Rgvister tc Sec. 12. And be it further enacted, That at the meeting held in pur- £;"’;*3° 8* m°°t· suanco of the notice, one of the registers of the court shall preside, and iiéwm of wma the messenger shall make return of the warrant and of his doings thererant on; and 1f it appears that the notice to the creditors has not been given   as required in tho wurmut, the meeting shall forthwith be adjourned, and g;‘é";°g:;'§f‘;i1f u new notice given as required. If the debtor dies after the issuing of m,,;,,,} demo;. the wnrran? éhelpgofccgings may be continued and concluded in like dies- manner as i 0 a. ive. lissignces, Sec. 13. And be it further enacted, That the creditors shall, at the first °h°*°°» &°· °*`i meeting held afmor due notice from the messenger, in presence of a register designated by the court, choose one or more assirmccs of the estate of the debtor; the choice to be made by the greater {harp in value and in number of the creditors who have proved their debts. If no choice is made by the creditors at said meeting, the judge, or if there be no opposing interest, the register, shall appoint one or more assignees. If tosiguifyac- an assignee, so chosen or appointed, fails within five days to express in °°P““‘°°i writing his acceptance of the trust, the judge or register may fill the subqectmap- vacancy. All elections or appointments of assignecs shall be subject to P¤‘0V¤· 3  the approval of the judge ; and when in his judgment it is for any cause “°" °]°°t'°“i needful or expedient, he may appoint additional assignces, or order a new uogive bond, election. The judge at any time may, and upon the request in writing "h°“#&°‘i of any creditor who has proved his claim shall, require the assignee to give good and sufficicnt bond to the United States with a condition {br the fauzhfhl performance and discharge of his duties ; the bond shall bc approved by the judge or register by his indorsement thereon, shall be iilcd vv1t.h the record of the case, and inurc to the bonehn of all creditors proving thmr claims, and may be prosecuted in the name aud for the b£¢éY¤¥;§gg ggé benefit of any mjurcd party. If the assignee fails to give the bond within m°véd such hmc as thejudge orders, not exceeding ten days after notice to him of  suc; order, th: Judge shall remove him and appoint another in his place. SiS¤¤¤<=¤*¤; `EC. 14. nd be it further enacted, That as soon as said assignee iS appointed and qualified, the judge, cr, where there is no opposing interest, the regmtor, shall, by an instrument under his hand, assign and convey to the assignee all the estate, real and personal, of the bankrupt, with all l11S deeds, books, and papers relating thereto, and such assignment shall
 * ° '°l“*° b*°k» relate back to the commencement of said proceedinvs in bankruptcy, and
 * 2-2 h°wt°°p°r` thereupon, by operation of law, the title to all such: property and cstaiy,

both real and personal, shall vest in said assignee, although the same is than attached on mesne process as the property of the debtor, ami shall Wim  chssolvc any such attachment made within four months next preccding the from th°°;;§;g 20mm6u06m5in; of said proceedings: Provided, hmvever, That there shall mont. 6 €X0€pf»B rom the operation of the provisions of this section H10 ucccssary household and kitchen furniture, and such other articles and