974 '1`ITLE 1.x1.—-BANKRUPTCY .-Ch. 4. 2 MM-. Y867, c· if the decree in bankruptcy had net been rendered and no assignment "6·.“'· 1* 16*- W had been made. If at the time of the conxmencement of the proceed. pp`°23’524‘ ·- in in bankru bcy, an action is ndin in the name of the debtor for 22 June, 18:4, c. gs F tg? · _ 390,.¤.2,z·.1s,p.17s, the reqovery 0 a debt pr other mg w_ 1ch might px ought page to EAISJQJ .EI°¤?..?`2€’.l5'}‘2,°,£§SI‘£$tZ°’€l1§“.'Ic”€a'f.€:?}I°h“£SZ§$‘£“.Zb£2§ EZ *}§’k‘L°"..§‘.§’L‘i$.1“;.}.’3 Qmhf ghuiz W? with like effect as if it had been originally commeneed by hirn. And if §—,?uSmSa2;m€,,;[ any suit at law or in e uity, in whic the lmnkrmipt is a garty m his ewn versity, 5 Bank. name, is pending at llxe time of the adjudieatmn of anlgruptcy, rhs Fez-» 4g6P NM! vv assignee may de end the same in the same manner and with the like £§':;l"'t;;B‘; Mg; effect. as it might have been defended by the bankrupt. Norton, assignee, Switzer, 93 U. S., 358; E1 Earle Tremont National Bank., 2L0w.,409; Babbitt r. Burges, 2 Dill., 169; Markson v. cbs0n, 2 Dill., $27; Paysen r. Stoever, 2 3% ‘?;.f"§"4 Ss-¥"%"‘F“‘i£;..§ “"‘a—?L2é f1s¥’“B'2E‘133k.2.”i?é:£é3‘ I'. ,¤ ll ., 7 l 8 T'. , ·, Z a `- 1 -1 451; Davis??Railr0ad Company, 1 {V00c1s, 661. N¤¤b¤¢¤mentb?· Sm;. 5048. No suit pending in the name of the assignee shall be abated [lYf‘£l]_°L’$Tjf; by his death or removal; but upon the motion of the surviving or remain- 2 Mm-., 1867, c. ing or new assignee, as the case may lie, he_ shall be adrnittpd be Keg- ]76y ¤· I6, VJ4. p· ecute the suit IH like manner and with luxe effect as if it had en °2`*· originally commenced bv him. C°Py of assign- Sec. 5049. A copy duly certified by the clerk_0f the court, under phe ‘“€“* "°“°l“'”"° seal thereof, of the assignment, shall be conclusxve evidence of the title °“(l$'l°° ‘lwEl°‘- of the assignee to take, hold, sue for, and recover the property of the Ibid.,s.14,p.522. bankrupt. Herndon r. Howard, 9 Wall., 664. Banknxpvsbooks Sm, 5050. No person shall be entitled, as against the assignee, to ‘!.%‘!’.%@_ - withhold frorii himhpossession of any books of account of the bankrupt, i · “"·· · °· or claim any ien thereon. 176, s. 14, v.14, . * 522.—R,ugers v. Rlinsor, 6 Bank. Reg., 2-L6. Debtcrmnstexe- Sm:. 5051. The debtor shall, at the request of the assignee and at the
- 1"*'Q¥’!E’EH’?H?5 expense of the estate., make and execute any instruments, deeds, and
rg ){:'·g1h8°752g· writings which may be proper to enable the assignee to possess himself ' ’F' "` 'p'fully of all the assets of the bankrupt. Ohwel ¤¤¤r¢- Sm:. 5052. No mort a e of any vessel or of any other goods or chat-
__ ____ tels, made as security $0g any debt, in good faith and for a present con-
Ibid. sideration and otherwise valid, and duly recorded pursuant to any statute ·_· ij of the United States or of any State, shall be invalidated or affected by BI'? " 5°ld'°’T“ an assignment in bankruptcy. usmese and Dis- . patch C0., 3 Ben., 204; Potter et al. v. Coggeshall, 4 Bank. Reg., 19; In re Eldridge, 4 Bank. Reg., 162; In re Daw, 6 Bank. Reg., 10; Brett v. Carter, 2 Low., 458; Ea: parte Fitz, 2 Low., 519; In re Stuyvesant Bank, 12 Blatch., 179; In rc Forbes, 5 Bias., 510. Trust property- Sm. 5053. No property held by the bankrupt in trust shall pass by ‘§`$f,jQ, 1867 c_ the assignment. 1T6,s.14,v.14,p.522. ( Ir 4 Bank. Reg., 26; White r. Jones, 6 Bank. Reg., 175; In re Goan et als., 6 Bias., 315. Noticeofappcint- Sm. 5054. The assignee shall immediately give notice of his appoint- '“°5‘* °* 3”'?“°° ment, by publication at least once a week for three successive weeks in gsnrngnll 0 as- such newscimpers as shall for that purpose be designated b the court; Z;-———-———-——— due regar being had to their general circulation in the district or in ug {1*]*; QS?} that portion of the district in which the bankrupt and his eredimrs shall 5g2f " ’ ‘ ’reside, and shall, within six months, cause the assignment to him to be 18 Feb., 1875, o. recorded in every registry of deeds or other office within the United 80. r`- 18.1; 320- States where a conve ·smce of any lands owned by the bankrupt ought In ,., Bellamy, 1 by law to be recorded. [And the record of such assignment, or a du y- Ben., 390; Davis v. certified copy thereof, shall be evidence thereof in all courts.] Anderson, 6_Bank. Reg., 1-15; In re Hiram Littletield, 1 Low., 321. Avsiznac to fie Sec. 5055. The assignee shall demand and receive, from all pci'- "H‘:2i““d "°°°“'° sons holding the same, all the estate assigned or intended to he a gned estate. - ______________ assigned. 2 Mar., 1867, c. 176, s. 15, v. 14, p. 524.
