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9 assignees, as before provided, and shall do and perform 10 all things by this Act required for the purpose of obtain11 ing his certificate, he shall be entitled thereto in like 12 manner as if he had done all the same things at the 13 times respectively first above prescribed.
Sect. 38. If the debtor, at the time of his obtaining 2 his certificate, be in prison for any cause before men3 tioned in the thirty-sixth section, he shall be discharged 4 from such imprisonment, upon producing to the prison 5 keeper his certificate granted pursuant to the provi6 sions of this Act.
Sect. 39. Every certificate of discharge granted 2 to a debtor under this Act, shall be of no effect, if he 3 shall have wilfully sworn falsely to any material fact in 4 the course of the proceedings under this Act; or if he 5 shall have fraudulently concealed any part of his estate 6 or effects or any books, writings or deeds relating 7 thereto: or if, after this Act shall go into operation, 8 he shall in contemplation of his becoming insolvent, 9 and of obtaining a discharge under the provisions of 10 this Act, make any payment or assignment, sale or 11 transfer, either absolute or conditional, of any part of 12 his estate, with a view to give a preference to any of 13 his creditors, or to any person who may be liable as an 14 endorser or surety for such debtor, or to any other 15 person who has or may have a claim or demand against 16 him: provided that this clause shall not apply to any 17 security given for the performance of any contract, 18 when the agreement for such security is a part of the 19 original contract, and the security is given at the time 20 of making such contract; but this proviso shall not be 21 construed to include any renewal of a former contract.
Sect. 40. And all such payments, assignments, sales 2 and transfers shall, as to other creditors of such debtor, 3 be void in like manner and to the same effect, as con4 veyances made by any debtor to the intent, or whereby 5 his creditors may be delayed, hindered or defrauded, 6 are now by law void as to such creditors; and the 7 assignees shall and may, by an action in their own 8 names, recover from the creditor, so preferred, the 9 money or other things, so paid, assigned, sold or 10 transferred to him, or the value thereof, for the use of 11 the other creditors; and the creditor so preferred, if 12 he shall have accepted such payment or security, 13 knowing that the same was given or made by the 14 debtor, contrary to the provisions of this and the pre. 15 ceding section, shall not be allowed to prove the debt, 16 on account of which payment or security was made or 17 given, nor to receive any dividend therefor out of the 18 estate assigned by force of this Act.
Sect. 41. The assignees shall forthwith cause the 2 said assignment to be recorded in the registry of deeds 3 in each county and registry district in the State, in 4 which there may
real estate of the debtor on 5 which the same may operate : and shall also give 6 public notice of their appointment in such manner as 7 the Commissioner shall order : and shall demand and 8 receive from the Messenger, and from all other persons, 9 all the estate in his or their possession respectively, 10 which shall have been assigned or intended to be 11 assigned, according to the provisions of this Act; and 12 they shall sell all the said estate real and personal, 13 which shall come to their hands on such terms as they 14 shall think most for the interest of the creditors : and 15 shall keep a regular account of all monies received by 16 them as assignees, to which every creditor shall at all 17 reasonable times have free resort.
Sect. 42. The assignees, as soon as may be after 2 receiving any monies belonging to the estate, shall 3 deposit the same in some bank, in their names as 4 assignees or otherwise keep the same distinct and 5 apart from all other monies in their possession, and 6 they shall likewise, as far as practicable, keep all the 7 goods and effects belonging to the estate, separate and 8 apart from all other goods in their possession, or desig9 nated by certain appropriate marks, so that all such 10 monies, goods and effects, belonging to the estate may. 11 be easily and clearly distinguished from other like 12 things in the possession of the assignees, and may not 13 be exposed or liable to be taken as their property, or 14 for the payment of their debts; and they shall be 15 allowed and retain out of the monies in their hands all 16 the necessary disbursements made by them in the 17 discharge of their duty, and a reasonable compensa
18 tion for their services at the discretion of the Commis19 sioner.
Sect. 43. The assignees shall have power, under the 2 direction of the Commissioner to submit any contro3 versy that shall arise in the settlement of any demand 4 against the estate of the debtor, or of debts due to his 5 estate, to the determination of one or more arbitrators 6 to be chosen by the assignees and the other party to 7 such controversy: and the assignees shall likewise 8 have power under the direction of the Commissioner 9 to compound and settle any such controversy by 10 agreement with the other party thereto, as they shall 11 think proper and most for the interest of the creditors.
Sect. 44. It shall be in the power of the creditors, 2 by such a vote as is provided in the seventh section of 3 this Act for the choice of assignees, at a regular meet4 ing called by order of the Commissioner for that 5 purpose, which meeting may be called by the Com6 missioner at his discretion, and shall be called by him 7 upon the application of a majority of said creditors, 8 either in number or value, to remove all or any of the 9 assignees; and upon such removal or upon any 10 vacancy by death or otherwise, to choose one or more 11 assignees in his or their place: and all the estate of 12 the debtor, not before lawfully disposed of, shall forth13 with as effectually and legally vest in such new 14 assignee or assignees, as if the original assignment 15 had been made to him or them; and the former assignee 16 or assignees, and his or their executors or administra17 tors shall, upon the request and at the expense of the 18 estate in the hands of the new assignee or assignees, 19 make and execute to him or them all such deeds, con20 veyances and assurances, and do all such other lawful 21 acts and things, as may be needful or proper to enable 22 the new assignee or assignees to demand, recover and 23 receive all the said estate; and when only one assignee 24 shall be originally appointed, or when by death or 25 otherwise, the number shall be reduced to one, all the 26 provisions in this Act contained in reference to several 27 assignees, shall apply to such one.
Sect. 45. The assignees shall, at such time as shall 2 be appointed by the Commissioner, within six months 3 from the time of their appointment, call a meeting of 4 all the creditors of the debtor, by a notice to be pub5 lished in such manner as the Commissioner shall 6 direct, at which meeting the creditors who have not 7 before proved their debts shall be allowed to prove the 8 same : and the assignees shall produce to the Commis9 sioner and the creditors then present fair and just 10 accounts of all their receipts and payments touching 11 the estate of the debtor, and shall, if required by the 12 Commissioner, be examined on oath, as to the truth of 13 their accounts.
Sect. 46. The Commissioner shall thereupon make 2 an order in writing, under his hand for a dividend of