act-1818-0-154•Pennsylvania Act 1818-154 — ACCOUNTS ASSIGNEES TO SETTLE
Pennsylvania Act 1818-154 — ACCOUNTS ASSIGNEES TO SETTLE
act-1818-0-1541818 Pa. Act 154Law
Act text
ACCOUNTS ASSIGNEES TO SETTLE
Act of Mar. 24, 1818, P.L. 285, No. 154 Cl. 39
AN ACT
To compel assignees to settle their accounts and for other
purposes.
Section 1. Citation to settle accounts; exhibition of
account., interrogatories; distribution
In all cases where any person or persons have heretofore made
or executed, or hereafter may make or execute any voluntary
assignment of his, her or their estate, real, personal or mixed,
or any part thereof, to any person or persons in trust for the
use of his, her or their creditors, or in trust for the use of
such person or persons to whom such assignment may be so made
and the other creditors of such assignor, it shall and may be
lawful for the court of common pleas of the proper county, and
they are hereby authorized and required on the application of
any of the creditors of such assignor at any time after two
years from the time such assignment shall have been made, to
issue a citation to such assignee or assignees commanding him,
her or them to appear at a time to be appointed by the court and
settle his, her or their account, exhibiting a statement of the
amount of the estate thus assigned to him, her or them, and the
manner he, she or they have disposed of the same, which account
shall be exhibited on oath or affirmation as aforesaid., and the
said assignee or assignees shall be compelled to answer upon
oath or affirmation all interrogatories which shall be exhibited
to him, her or them in Open Court on the examination of his, her
or their account; and the Court shall have power to decree a
distribution of the proceeds of such estate agreeably to the
intention of such assignment, after allowing such assignee or
assignees such pay or commission for his, her or their trouble
and services as the said court in their discretion may think
reasonable. 1818, March 24, P.L. 285, 7 sm.1. 131, Sec. 1.
Section 2. Attachment and sequestration for neglect or
refusal to settle accounts
If any person or persons being duly cited as aforesaid to
appear at any of the Courts of Common Pleas of the proper county
thirty days before the time appointed for his, her or their
appearance, shall neglect or refuse to attend to settle their
accounts as aforesaid, or show reasonable cause why such
accounts cannot be settled, the Judge or Judges of the said
Court may send their attachment or attachments for contempt and
may enforce obedience to such citation or order by sequestration
of lands or goods, as fully as any Court of Equity may or can
do. 1818, March 24, P.L. 385, 7 sm.1. 131, Sec. 2.
Section 3. On settling acCounts, court may compel payment to
creditors
On its appearing satisfactorily to the Court that the person
or persons so as aforesaid appointed assignee or assignees, have
justly and properly accounted for and apportioned the estate
thus assigned to him, her or them, the said Court is hereby
authorized and empowered to compel the payment of the respective
proportions to the creditors of such assignor, who are legally
entitled thereto, by attachment. 1818, March 24, P.L. 285, 7
sm.1. 131, Sec. 3.
Section 4. Proceedings in case of assignee's insolvency or
mismanagement
When an assignee or assignees under either a voluntary or
compulsory assignment heretofore made or executed, or hereafter
to be made or executed, are made to appear on oath or
affirmation to the court of common pleas of the proper county to
be in failing or insolvent circumstances, or are about to remove
or are wasting or mismanaging the estate committed to their
care, or are neglecting to perform the duties of the trust thus
reposed in them, the said Court shall issue a citation
returnable before them at such time as to them may appear proper
and just, not exceeding twenty days, and at the return thereof
or at such other time as the said court may think the necessity
of the case may require to hear the same, and either to dismiss
the complaint or direct security or surety to be given by the
said assignee or assignees for the faithful performance of the
trust, or to dismiss all or any of the said assignees and
appoint another or others in his or their stead, and to order
and direct all books, papers, monies or estate which appear to
be in the hands of such dismissed assignee or assignees, to be
delivered and assigned over to such other person or persons as
the court may appoint, and shall have power to carry into effect
their decrees or orders by attachment against the body or
bodies, or sequestration of the lands or goods of such
delinquent or delinquents. 1818, March 24, P.L. 285, 7 sm.l.
131, Sec. 4.
Section 5. Assignments to be recorded within thirty days
All assignments so as aforesaid to be made and executed,
which shall not be recorded in the Office for Recording of Deeds
in the county in which such assignor resides, within thirty days
after the execution thereof, shall be considered null and void
as against any of the creditors of the said assignor. 1818,
March 24, P.L. 285, 7 sm.1. 131, Sec. 5.
Section 6. Extension of act to trustees and assignees
judicially appointed for insolvent debtors
All the provisions of the first, second, third, and fourth
sections of this act be and the same are hereby extended to the
trustee or trustees, assignee or assignees, appointed by the
Courts of this Commonwealth under such Acts of Assembly as are
now or hereafter may be passed for the relief of insolvent
debtors. 1818, March 24, P.L. 285, 7 sm.1. 131, Sec. 6.
Section 7. (7 repealed Apr. 28, 1978, P.L.202, No.53)
Section 8. And be it further enacted by the authority
aforesaid, That the act, entitled "An act to oblige the trustees
and assignees of insolvent debtors to execute their trusts,"
passed the twenty-second of January one thousand seven hundred
and seventy-four, be, and the same is hereby repealed.
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