Page:United States Statutes at Large Volume 47 Part 1.djvu/1368

 1344 Accounting of as- signee . Property exempt. Com mis sio ns of as. signee. Ante, p. 1340. Assignees protected for acts done in good faith. Assent of creditor nec es sar y to modifica- tion of assignment. NUISA NCE. General principles. Definition. Public nuisance. 72d CONGRESS. SESS. II. CH. 128 . FEBRU ARY 27, 1933 . deb t after deducting the value of su ch mortgage, pl ed ge, or lien, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the district court shall direc t ; or the creditor may release or convey his claim to the assignee upon such property, and be admitted to prove his whole debt. If the value of the property exceeds the sum for which it is so held as security, the assignee may release to the creditor the deb to r's right of redemption thereon on receiving such excess ; or he may se ll the property, subject to the claim of the creditor thereon and in either cas e the assignee and creditor, respectively, sh all execute all writings necessary or proper to consummate the transaction. If the property is not s old or released, and delivered up, the creditor sh all not be all owe d to pr ove any pa rt of his debt. SEC. 1680 . ACC OU NTI NG OF ASSIG NEE .-Af ter six mo nths from the dat e of an as sig nm ent for the benefit of cr edi to rs, the assignee may be required, on the petition of any creditor, to account before the distr ict c ourt. SEC. 1681 . PROPERTY Ex E MM IP T .-Property exempt from execution and insurance upon the life of the assignor, not pass to the ass ign ee by a ge ne ral assignment for the be nef it of creditors unless the instrument specially men ti ons t hem and declares an intention that they should pass thereby. SEC. 1682. COMMIS SIONS OF ASSIGNEES:The elected assignee or assignees for the ben ef it of creditors shall be ent it led toa reasonable commission on assignments, to be fixed by the court. Such assignee or assignees sha ll al so be entitled to all necessary exp en ses in the management of their trust. CROSS REFERENCE Commissions and expenses of marshal, see section 1665. SEC. 1683. ASSIGNEES PROTECTED FOR ACTS DONE IN GOOD FAITH. An assignee for the benefit of creditors is not to be held liable for his acts, done in good faith in the execution of the trust, merely for the reason that the assignment is afterward adjudged void. SEC. 1684. ASSEN T OF CREDITOR NECESSARY TO MODIFICATION OF ASSIGN MENT .- An as signm ent for the ben efit of cr edito rs wh ich has be en executed and recorded so as to transfer the property to the mar sh al, or a transfer by the mar sh al to the ele ct ed assignee or assignees which has been executed and recorded, can not afterwards be mo difie d or cance led by the part ies w ithou t the cons ent of the assign or and of every cred itor affec ted thereby. CHA PTER 75 .-NUISANCE GENERAL PRINCIPLES SEC. 1685 . NUISANCE, WHAT .-Anything which is i njuri ous to health, or is indecent or offensive to the senses, or an obstruction to the f ree use of prop erty, so as to inter fere with the c omfor table enjoyment of lif e or property, or unlawfully obstructs the fr ee pa s- sage or use, in the customary manner, of any navigable lake, or river, pay 1, stream, canal, or basin, or any public park, square, street, or highway is a nuisance. CROSS REFERENCE Se e, also, Criminal Code, sections 251 and 252 ; and Act Canal Commission No. 9, Sept. 2, 1904, section 2. SEC. 1686 . PUB LIC NUIS ANCE .-A public nuisance is one which aff ec ts at the sam e tim e an entire community or neighborhood, or So in original.