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of the assigned estate; provided, however, that the said orphans' court, or any judge thereof, before such inventory, valuation and bond shall be filed, may, by order, authorize the said assignee to perform such other acts in the administration of said trust as said court or judge may deem necessary for the protection of said creditors upon such terms as said court or judge may impose; in case of failure to give such notice, or mail the same as above provided, the said orphans' court may extend and fix the time for the presentation of claims and the giving and mailing notice thereof as aforesaid.

4. List of creditors filed by assignee with surrogate. When court may extend time.-At the expiration of the said period of three months from the date of said general assignment, or in case of an extension of time for the presentation of claims by said orphans' court as aforesaid, then at the expiration of such extended time, the said notice having been duly given and mailed as aforesaid, the said assignee shall file with the surrogate of the said county a true list, under oath or affirmation, of all such creditors of said. assignor as shall have proved their claims as such before him, with a true statement of their respective claim, and due proof of the publication of the notice of said general assignment, and the mailing of such notice as provided in the third section of this act, which proof shall give in detail the names of the persons to whom, with the respective addresses to which and the time when such notices were mailed, and within ten days after the filing of said list and statement the said assignee shall mail notice, with the postage prepaid, of the filing thereof to every creditor of said assignor, who has proved his claim, addressed to such creditor at his usual post-office address, so far as said assignee can ascertain the same, and shall, within said ten days, also file with said surrogate due proof of the mailing of the last-mentioned notice as above prescribed; in case of failure to file the said list and statement, or to file proof of the publication and mailing of said notice provided in the third section of this act, or in case of failure to mail the said notice of the filing of said list and statement, or to file the proof thereof, the said orphans' court may extend and fix

the time for the performance of any or all of the duties of the assignee above prescribed, which he may have so failed to perform.

5. Creditor must set forth in claim any pledge he may hold. -Every creditor presenting a claim under the provisions of this act to an assignee, shall set forth in his claim any mortgage or pledge of property of the assignor, or lien thereon, which he holds, or which stands as security for his debt, or upon failure so to do, shall be deemed to have waived and abandoned such mortgage, pledge or lien, as against the said assignee; any creditor whose debt stands secured by any such mortgage, pledge or lien, shall have a right to dividends only upon the balance of his debt after deducting the value of his said mortgage, pledge or lien, which value may be ascertained by agreement between him and the assignee, or by the said orphans' court upon application of said creditor or said assignee, and after such ascertainment the said mortgage, pledge or lien, if the same shall not have been realized on, shall stand as security only for the amount which shall have been so ascertained; any creditor may present not only any debt due, but any debt to grow due, making in such case a reasonable rebate when interest is not accruing on the same.

6. Exceptions may be filed. Action of court.-It shall be lawful for the said assignee, or any creditor or other person interested, by himself or attorney, at any time within thirty days after the said list and statement shall have been filed and notice thereof shall have been mailed to the creditors, as directed in the fourth section of this act, to file in said orphans' court exceptions to the claim or demand of any creditor exhibited as aforesaid, and said court shall cause a notice to be served on said creditor, in such mode as the said court may direct, and said court shall then proceed to hear the proofs and allegations of the parties at the term at which such exceptions shall have been filed, or at any subsequent term, and adjudicate thereon; and in case of such hearing before the orphans' court the evidence and proceedings before the orphans' court, upon the application of either party, shall be reduced to writing by the register of the court or by a ste

nographer, under the direction of said court, appointed by said court for that purpose.

7. Trial by jury may be demanded. It shall be lawful for the said assignee, or any creditor or other person interested in any account to which exceptions have been filed as aforesaid, to demand a trial by jury, whereupon the orphans' court in which such exceptions shall be filed shall certify said exceptions, and the claim or demand excepted to, to the circuit court of the county, to be tried in a summary way by a jury before said court, under such rules as the said court may from time to time prescribe; and the verdict, unless set aside by a new trial granted by said circuit court, shall be returned to the said orphans' court with the certificate of said circuit court, to be there proceeded on according to law.

8. Dividends: Partial distribution.-If no exceptions to any claim or demand shall be filed as provided by the sixth section of this act, or in case any exceptions shall be filed, then after the same shall have been adjudicated or settled as aforesaid, the said assignee shall proceed to make from time to time fair and equal dividends among said creditors from the assets which shall come to hand in proportion to their claims; in case the determination of any claim or claims shall be delayed by exceptions, or for any other reason, the said orphans' court may, in its discretion, on the application of the assignee or any creditor, from time to time, direct the said assignee to make such partial distribution from the assets in hand to those creditors whose claims are not in dispute as may be safely made, reserving at all times sufficient assets to secure, after all the claims shall have been adjudicated and finally settled, an equal and proportionate distribution according to the intent of this act, and the said orphans' court may also, in its discretion, upon application of said assignee, or of any creditor, take charge of the making of any or all dividends and direct the time when the same shall be made and the amount thereof.

9. Final account. Intermediate account.-As soon as may be, after the determination of all claims, the said assignee shall render, on oath or affirmation, a final account to the said orphans'

court in like manner and upon the same notice to creditors and others interested as is now or may hereafter be directed in regard to executors and administrators; and exceptions may in like manner be filed to such accounts and proceeded upon as prescribed in regard to executors and administrators, and the settlement and decree of said court shall be conclusive on all parties except for assets which may afterwards come to hand, or for frauds or apparent errors; the said orphans' court may, in its discretion, upon the application of said assignee or any creditor, order the said assignee in like manner to render an intermediate account, and in such case the same shall be filed in like manner and upon the same notice to creditors and others interested, and shall be subject to exceptions in the same manner as is now or may hereafter be directed in regard to intermediate accounts of executors and administrators, and in like manner such exceptions shall be heard and determined by said court.

10. Preferred debts.-The wages of clerks, mechanics and laborers due from the assignor at the time of making such general assignment, shall be preferred debts and shall be first paid by said assignee before any other claim or debt shall be paid, and in case any such wages shall have been earned, or partly earned, at the time of making such general assignment but shall not be then payable, the same shall be equitably apportioned and shall be paid as preferred debts as aforesaid up to the said time of making said assignment; provided, however, that no payment shall be made as a preferred debt to any one person to an amount exceeding three hundred dollars; and in case any claim shall receive a preference to the extent of three hundred dollars under this section, any balance of such claim yet remaining unpaid shall be entitled to all dividends to be calculated upon such balance.

Reservation to assignor.-In case of any such general assignment there shall be reserved of the goods and chattels of any such assignor having a family residing in this state, goods and chattels to the value of two hundred dollars, and all wearing apparel for the use of said assignor and his family; and it shall be the duty of the assignee, at the written demand of said assignor,

as soon after the said general assignment is executed as conveniently as may be, to cause a just and true appraisement of the assignor's goods and chattels to be made under oath or affirmation, to be taken before any person authorized to administer an oath, by three discreet and judicious persons to be selected by such assignee, at their actual value, and to set apart for the use of said assignor and his family such of the goods and chattels as he may select from such appraisement, not exceeding in value the said sum of two hundred dollars, which said appraisers shall be allowed for their services fifty cents each, to be paid by said assignee and to be allowed in his account; provided, however, that this section shall not apply to any general assignment of partnership property.

Rent a preferred claim.-In case of any such general assignment where the assignor shall be a tenant, all the goods. and chattels of such tenant on the premises, in the possession of such tenant, shall be first bound for the payment of rent due to his landlord; and the said claim for rent in favor of the landlord, not exceeding one year's rent, shall be first paid and satisfied by the assignee out of the goods and chattels of the said tenant which were on the demised premises at the time of the assignment.

13. Right of landlord in goods and chattels.-If the tenant, his assignee, or any other person or persons, shall remove any goods and chattels off or from the demised premises, after the said assignment, it shall and may be lawful for the said landlord, at any time within forty days after such removal, to seize the said goods and chattels in whose hands soever the same may be found, as a distress for his said rent, and proceed with the same in the manner directed by the act concerning distresses, whether the rent by the terms of the lease be due or not, making a rebate on the sum not due, as is now or may hereafter be required, where a party suing out execution pays rent not due to the landlord.

14. Disposal of real estate-Whenever any assignee shall take any real estate of said assignor under such general assignment, he shall (except as hereinafter provided) proceed to adver

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