Page:United States Statutes at Large Volume 14.djvu/554

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521 THIRTY—NINTH CONGRESS. Sess. II. Ch. l76. 1867. payable, and to tender dpe performance of the condition thereof, or to sell Debmtemake the same subject to such mortgage, lien or other encumbrances. The conveyauces. debtor shall also, at the request of the assignee and at the expense of the estate, make and execute any instruments, deeds, and writings which may be proper to enable the assignee to possess lumself fully of all the assets Notice <>f ap- of the bankrupt. The assivnee shall immediately give notice of his + . . O . p°'“"“°""°f “"' a ointment b ublication at least on e a. eek fo ‘h ·· eign8e_ pp I , y p c r < ree suctessue weeks in such newspapers as shall for that purpose be designated by the court, due regard being had to their general circulation in the district or in that portion of the district in which the bankrupt and his creditors Assignment to shall reside, and shall, within six months, cause the assignment to him to b° '°°°’d°d· be recorded in every registry of deeds or other office within the United _ States where a conveyance of any lands owned by the bankrupt ought by evgzgf tv l>° law to be recorded; and the record of such assignment, or 0, duly certi- ' fied copy thereof; shall be evidence thereof' in all courts. Assignee to Sec. 15. And be it further enacted, That the assignee shall demand g;:lf° °m““d· and receive, from any and all persons holding the same, all the estate ' assigned, or intended to be assigned, under the provisions of this act; to sell, Sw. and he shall sell all such unencumbered estate, real and personal, which comes to his hands, on such terms as he thinks most for the interest of the creditors; but upon petition of any person interested, and for cause shown, mgfsggéggy the court may make such order concerning the time, place, and manner ' of sale as will, in its opinion, prove to the interest of the creditors; and Assignee to the assignee shall keep a regular account of all money received by him keep °°°°°utS' as assignee, to which every creditor shall, at reasonable times, have free resort. Assignee to Sec. 16. And be it further enacted, That the assignee shall have the 23;; gg3Q2foW' like remedy to recover all said estate, debts and cfects in his own name, re¤over,&¤.; as the debtor might have had if the decree in bankruptcy had not been rendered and no assignment had been made. If, at the time of the com- ¤¤%yx>¥‘¤¤p¤¤i¢ mencement of proceedings in bankruptcy, an action is pending in the pending suits. n f- _ _ . . . ame o the debtor for the recot en y of a debt or other thing which might or ought to pass to the assignee by the assignment, the assignee shall, if he requires it, be admitted to prosecute the action in his own name, in like manner and with like effect as if it had been originally commenced P’°"lSl°¤¤ **5 by him. No suit pendinv in the name of the aesi nee shall be abated b w mms P 6mm1g' his death or removal; bill; upon the motion of thegsurviving or remaining or new assignee, as the case may be, he shall be admitted to prosecute the suit in like manner and with like effect as if it had been originally commenced by him. In suits prosecuted by the assignee a. certified copy oflgxe ass1§.n}n1ent;l1:a¤le te him by the judge or register shall be conclusive BVI ence o is au ori y 0 sue. Assjgnee to Sec. 17. And be it further enacted, That the assignee shall, as soon as

&;’:;d':*33Y’ may be utter geczeini any money belonging to the- estate, deposit the

how; same m some an m is name ae asergnee, or otherwise keep it distinct e and apart from all other money in his pogesswn; and shall, as far as °f·€hl;¤;};:g¤¤¢¤ practicable, keep all goods and eifects belonging to the estate separate and ·ePmm_ apart from all other goods in his possession, or designated by appropriate marks, so that they may be easily and clearly distinguished, and may not be exposed or liable to be taken as his property or for the payment of his debts. ¥Vhen it appears that the distribution of the estate may be de- . layed by litigation or other cause, the court may direct the temporary T¢¤¤p¤¥‘¤¤‘y U1- mvestrnent of the money belonging to such estate in securities to be apvestment by dt- l_ ed b th · do . _ . . h reeneu ef-eeum p ov y e An eelor a registere of said court, or mey authorize t G sgme to be deposited in any convenient bank upon such mterest, not ex- _ ceeding the legal rate, as the bank may contract with the assignee to pay ixigggg gg thereon. He shall give written notice to all known creditors, by mail or S I . . . • . meetings end 0the1 wise, of all dwidends, and such notice of meetings, after the first, 35 dividend;. may be ordered by the court. He shall be allowed, and may retain out