Page:United States Statutes at Large Volume 18 Part 1.djvu/1044

 972 '[`iri.1; rxr.-BANKRUPTC1'.—·Ch. 4. _ _Wh<·aredisqual~ Sec. 5035. No person who has received any lpreference contrary to the med; _. _ ___-.- . provisions of this Title shall vote for or be e igible as assignee; but no 2 M“"·· 1867- °· title to property real or personal, sold, transferred, or conveved bv an 176, 5.18, V. 14, p. .’ d _ · · _ d b f h- • I- •B· • ' 525. assignee, shall be atfecte O1 1mpa11e y reason o IS ine igi ility. QI1F Powell, 2 Bank. igeg., 17; lg rqlB%1érett, 2 Bank. Reg., 165; In re Clairmont, 1 an ·. Reg., 42; Reimau ase, 12 atc ., L. B0¤d0f¤ssig¤ee- Sec. 5036. The district judge at any time may, and upon the request `;7K1,,,._, 1867, c_ in writing of any creditor who has proved his claim shall, require the 176, s. 1:%,1-.14,11. assi eeto give good and sufficient bond to the United States, with n {my conddion for the faithful performance and discharge of his duties; the {nep 1,,., ,2 bond shall be approved by the judge or register b his indorsement Banki R2; lil. thereon, shall be tiled with the record of the ca e, and hiure to the benefit of all creditors proving their claims, and may be prosecuted in the name and for the heneiit of any injured arty. If the assignee fails to ive the bond within such time as the judge or register orders, not exceeding ten days after notice tohhim of such order, t c judge shall remove him and appoint another in is place. Assignee liable Sec. 5037. Any assignee who refuses or unreasonably neglects to BF ""‘E'LPL._ execute an instrument when lawfully required by the court, or disobeys ug {1*5; 58% "· a lawful order or decree of the court in the premises, may be punished as 5255 ”' ’’ p` fol' a contempt of court. _ _ _ _ Resignation ui Sec. 5038. An assignee may, with the consent of the judge, resign his Qejgvst- trust and be dischar ed therefrom. Ibid g _R¤m¢>V¤l of es- Sec. 5039. The court, after due notice and hearing, may remove an €§P°“· assignee for any cause which, in his judgment, ren ers such removal Ibid. necessary or expedient. At a meeting cal ed for the purpose by order 3;,2 ·Q*’f€i 1874- ¢‘- of the court, in its discretion, or called upon the applicationof a majority 2;;,,;;,,,  of the creditors in number and value, the creditors may, with consent of 3gq,8_1g,’,._ 1g,',,f the court, remove any assignee by such a vote as is provided fol' the 185. choice of assignee. In re Stokes, 1 Bank. Reg., 130; In re Scheiffer & Garrett, 2 Bank. Reg., 179; In re Mallory, 4 Bank. Reg., 38; In re Price, 4 Bank. Reg., 137; In rc Carson, 5 Bank. Reg., Lz rg Blodgegi: Sanforld,]5 Bang. Rsg., 4g2¢vIn re 5I?pwey, 1 Low., 493; Er parte er ins, Bias., 2 ; In re er& rot ers, oods,. _ Eff¤<‘¢¤f¤’€¤is¤¤- Sec. 5040. The resignation or removal of an assignee shall in no way tm" °' “"“°"“l· release him from performing all things requisite on his part for the proper 2Mar., 1867, c. closing up of his trust and the transmission thereof to his successors, 176»¤·18»V·l4»I;·5?5· nor shall it affect the liabilit of the rinci al or suretv on the bond 22 June, 1814, c. given by the assignee y p p ` 390,x.19,z·.18,p.1B5.' Fillingvacancies. Sec. 5041. Vacancies caused by death or otherwise in the office_of "é assignee may be filled by appointment of the court, or at its discretion 176, S_ 18, v_ 1.1, p_ by an election by the creditors, in the same manner as in the orlgnnal 525. cho1ce of an assignee at aregular meeting, or at a meeting calle_ for the ur ose, with such notice thereof in writin to all known creditors, an y suc person as e cour s a irec. dlbph th thlld` t g Vestingestateiu Sec. 5042. Wlien, by death or otherwise., the number of assignees is ¤‘$=*¤¤¤¤¤g *1* reduced, the estate of the debtor not lawfullv disposed of shal vcst in ?f"°°‘ the remaining assignee or assignees, and in the persons selected to fill Ibid. vacancies, if any, with the same powers and duties relative thereto as _ if they were originally chosen. mE*;';2S:€“*§;§t';*,f Sec. 5043. Any former ass¥gnee, his executors or administrators, upon ments_ request, and at the expense o the estate, shall make and execute to the T,},?;- pevqassignee all dee s, conveyilances, and assurances, and do all other ‘ aw ul acts requisite to enable im to recover and receive all the estate. And the court may make all orders which it may deem expedient to secure the proper fulfillment of the duties of any ormer assignee, and th§r1gh;s,;1pd,p1wrests of all persons interested itn ghe egtate. _,, d th Agjgnmgnh _ EC. . S SOOH IBS Rn RSS] [ICO IS H.pI')Olll G 3.11 qllllll 9 9 ,111m,._ Massey, instrument under his hand, assign and convey to the assignee all the 17 \\’a11.,351; In re estate, real and personal, of the bankrupt. with all his deeds, hooks, and
 * ll3ld.r,S.14,Q% judge, Ol', where there is no opposdng interest, the register, shall, by an