town or city where the person to whom such property is so contracted to be sold shall then reside, if such person shall then be a resident of this state; and if not such resident, then in the office of the clerk or register of the town or city where the property so contracted to be sold was at the time of the execution of such instrument. Duty of clerks ; fees. § 4. The clerks of the several towns and counties of this state in whose offices contracts for the conditional sale of goods and chattels on credit are by this act required to be filed shall indorse on every such instrument or copy so filed the number thereof and enter such number and the names of all parties to such instrument and the amount thereby required to be paid and the future contingency or event required to occur before the ownership of the goods and chattels described therein shall pass from the person contracting to sell the same, the time when such amount will be due and the date of the filing of such instrument or copy, in the books kept in such offices for the entry of similar matters regarding mortgages of goods and chattels and in like manner as in cases where such mortgages are so filed, except that the name of the person in such instrument contracting to sell shall be entered in the column of mortgagees and the name of the person therein contracting to buy shall be entered in the column of mortgagors. For their services under this act such clerks shall receive the same fees they are now authorized to receive for like services in regard to mortgages of goods and chattels. How discharged of record. § 5. A contract for the conditional sale of goods and chattels on credit filed as required by this act may be satisfied and discharged of record in the same manner, so far as is applicable, as may mortgages of goods and chattels which may now be filed in the offices of town or county clerks. Past transactions not affected. § 6. This act shall not affect any proceeding now pending nor any transaction had before the passage of this act. Act not to apply to household goods and certain other articles; proviso; rights of purchaser of such articles after seizure; not to apply to railroad equipments, etc. § 7. This act shall not apply to household goods, pianos, organs, scales, engines and boilers, portable saw-mills and saw-machines, threshing machines and horse-powers, mowing machines, reapers and harvesters and grain drills with their attachments; provided that the contract for the sale of the same be executed in duplicate, and one duplicate shall be delivered to the purchaser. In case household goods, pianos, organs, scales, engines and boilers, portable saw-mills and saw-machines, threshing machines and horse-powers, mowing machines, reapers and harvesters and grain drills, with the attachments are sold upon the condition that the title shall remain in the vendor, or some other person than the purchaser, until the payment of the purchase price, or until the occurring of any future event or contingency, and the same are retaken by the vendor or his successor in interest, such property so retaken shall be retained for thirty days by the person by whom or on whose behalf the same has been so taken, during which time the purchaser or his successor in interest may fulfil such contract or purchase, and shall be entitled thereupon to receive such property. After the expiration of such time, all interest of the purchaser or his successor in interest in such property lawfully retaken under such contract shall cease. This act shall not apply to railroad equipment or rolling-stock sold, leased or loaned, under a contract which has been or must be recorded pursuant to the provisions of chapter three hundred and eighty-three of the laws of eighteen hundred and eighty-three, entitled "An act relating to certain contracts for the lease or conditional sale of railroad equipment and rolling-stock, and providing for the record thereof." [Thus amended by L. 1888, ch. 225, superseding L. 1885, ch. 488, and L. 1886, ch. 495.] TITLE 1. [Vol. 2, 1-39] [40] CHAPTER V. OF TITLE TO PROPERTY, REAL AND PERSONAL, TRANS- TITLE I.-OF THE ASSIGNMENT OF THE ESTATES OF NON-RESIDENT, [Supplementary Title. TITLE 1-Of voluntary assignments by a debtor, TITLE II.-OF THE CUSTODY AND DISPOSITION OF THE ESTATES OF AND DRUNKARDS. TITLE I. Of the Assignment of the Estates of non-resident, absconding, insolvent, or imprisoned Debtors. ART. 1. — Of attachments against absconding, concealed and non-resident debtors. [Repealed by L. 1877, ch. 417, and L. 1880, ch. 245.] ART. 2. Of attachments against debtors confined for crimes. ART. 3.-Of voluntary assignments, made pursuant to the application of an insolvent [Repealed by L. 1880, ch. 245.] Of proceedings by creditors, to compel assignments by debtors imprisoned on execution in civil causes. [Repealed by L. 1880, ch. 245.] ART. 5.-Of voluntary assignments by an insolvent, for the purpose of exonerating his person from imprisonment. [Repealed by L. 1880, ch. 245.] ART. 6. — Of voluntary assignments by a debtor imprisoned in execution in civil ART. 7. - causes. [Repealed by L. 1877, ch. 417 and L. 1880, ch. 245.] General provisions applicable to proceedings under the several preceding articles, or some of them. [Repealed by L. 1880, ch. 245.] ART. 8. — Of the powers, duties and obligations of trustees and assignees under this title. ARTICLE EIGHTH. OF THE POWERS, DUTIES AND OBLIGATIONS OF TRUSTEES AND ASSIGNEES UNDER THIS SEC. 1. Assignees and trustees appointed under preceding articles declared trustees, etc. 2. If there be only one, provisions having reference to several, to apply. 3. Powers of trustees where there are more than one. 4. Powers of survivor. Property in the hands of trustee dying, etc., provided for. 5. Trustees to take oath; oath to be filed, and where. 6. Trustees to be deemed vested with debtor's property, and from what time. 7. Powers of trustees. 8. Trustees to give notice requiring debtors to pay, etc. 9. Time and manner of publishing such notice. 10. Trustees may sue before day of payment, etc., named in notice. SEC. 11. Persons concealing property or debts, to forfeit double the amount, etc. 14. If he refuse to be sworn, etc., officer to commit him, and how. 16. Sheriff, etc, suffering such person to escape, to be indicted, and to forfeit $2,500. 17. Persons examined and answering, not liable to penalty; answers how far evidence. 18. Persons discovering concealed property, entitled to ten per cent. 19. Controversies between trustees and others, may be referred to three referees. 20. If referees be not agreed on, trustees to give notice of application, etc. 21 & 22. Referees how to be selected. 23. Selection to be certified to clerk of court, and rule to be entered. 24. Referees to have same powers, etc., as referees appointed by supreme court. 25. Report of referees, where to be filed; conclusive if not set aside. 26. Trustees to convert estate into money; to keep account, etc. 27. Trustees within fifteen months, to call a general meeting of the creditors, etc. 28. Accounts to be adjusted, and amount of monies in hand declared. 29. Trustees to deduct disbursements and a commission of five per cent. 30 & 31. Duty of trustees under article first, where bonds to retain property for the benefit of creditors, have been executed. 32. United States and sureties having a preference by laws of United States to be first paid. 33. Manner in which remainder is to be distributed among creditors. 34. Debts due as guardian, etc., to be first paid on such distribution. 35. Creditors whose debts are not due, to receive their proportion, deducting interest. 36. Mutual credits and mutual debts, when set off, etc. 37. Set-offs of demands purchased, etc., regulated. 38. Trustees may retain monies in their hands to meet demands in suits pending. 39. Penalties recovered by trustees to be deemed part of debtor's estate, etc. 40. If whole estate be not distributed, yearly dividends to be made, etc. 41. Creditors omitting to deliver accounts on first dividend, etc., provided for. 42. Dividends unclaimed for one year, deemed relinquished, and to be distributed. 43. Surplus remaining after settlement of estate, to be paid to debtor. 44. Certain debtors discharged under 3d, 4th and 5th articles, entitled to allowance, etc. 45. Trustees to render account on oath; where filed; its contents, etc. 46. Trustees subject to order of certain courts; removable for cause shown. 47. Proceedings in common pleas, under this title, removable into supreme court, etc. 48. If trustee be removed or die, etc., new trustee may be appointed. 49. Trustee wishing to renounce, may apply for order to show cause, etc. 50. If officer who appointed is not in office, application to whom made. 51 Application to be accompanied by account of trustee's transactions, etc. 52. Affidavit of trustee to be annexed to account. 53. Order to be granted directing notice to persons interested to shew cause. 54. Notice to be published, how and for what time. 55. On the day appointed, etc., proofs and allegations to be heard. 56. When order may be granted allowing trustee to renounce, etc. 57. Trustee to execute assignment to such person as shall be appointed, etc. 58. Effect of such assignment; powers and duties of new assignee. 59. On certificate of assignment, etc., order to be granted discharging trustee. 60. Trustee thereupon discharged from his trust, subject to liabilities previously incurred. 61. New assignment where to be recorded; petition and proceedings where filed. 62. Expenses of proceedings to be paid by trustees renouncing. ART. 8. &c., trus benefit creditors. SECTION 1. All assignees and trustees, appointed under any au- Assignees, thority, conferred by any of the provisions of the preceding articles tees for the of this title, in the several cases therein contemplated, are hereby bent of declared to be trustees of the estate of the debtor, in relation to 23 Wend., whose property they shall be appointed, for the benefit of his Pr. R., 335. creditors; and shall be vested with all the powers and authority 87; 7 How. TITLE 1. herein after specified, and shall be subject to the control, obligations and responsibilities herein after declared, in respect to trustees. [41] One trustee, &c. Powers of trustees where more than one. Survivor. trustee dying. § 2. When any one assignee or trustee only, shall be appointed, all the provisions herein contained, in reference to several trustees, shall apply to him. § 3. When there are more trustees than one appointed, the debts and property of the debtor may be collected and received by any one of them; and when there are more than two trustees appointed, every power and authority conferred by this title on the trustees, may be exercised by any two of them. § 4. The survivor or survivors of any trustees, shall have all the in hands of powers and rights given by this title to trustees. All property in the hands of any trustee at the time of his death, removal or incapacity, shall be delivered to the remaining trustee or trustees, if there be any; or to the successor of the one so dying, removed or incapacitated; who may demand and sue for the same. [See L. 1846, ch. 158, post, p. 2536.] Trustees to take oath. 35 N. Y., Abb. N. S., 402; 42 R., 227. Trustees vested with debtor's property. 15 N. Y., 41, 515; 23 Wend., 87; 317; 15 1 Wend., Wend., 248; 42 How.Pr. R., 227; 11 § 5. Before proceeding to the discharge of any of their duties, all such trustees shall take and subscribe an oath, that they will well and truly execute the trust by their appointment reposed in them, according to the best of their skill and understanding; which oath shall be filed with the officer or court, that appointed them. [1 R. L., 159, § 8.] § 6. The trustees taking such oath, shall be deemed vested with all the estate, real and personal, of such debtor (except such as is exempted by the preceding articles), as follows: 1. In proceedings under the first article of this title, from the first publication of the notice to the non-resident, absconding or concealed debtor: 2. In proceedings, under the second article, from the appointment Abb. N. S., of trustees: 402; 3 How. Pr., N. S., 285. Their powers. 3 Abb. Ct. 234, 10 5 Robt., 3. In proceedings under the third, fifth and sixth articles, from the execution of the assignment, in those articles directed: 4. In proceedings under the fourth article, when the assignment was voluntary, from the time of its execution; when executed by an officer as therein directed, from the time of the first publication of the notice in that article required to be given to creditors. [1 R. L., 159, § 10; 462, § 5; L. 1819, 44, § 4.] § 7. The said trustees shall have power, 1. To sue in their own names or otherwise, and recover all the App. Dec., estate, debts and things in action, belonging or due to such debtor, Bosw., 19; in the same manner and with the like effect as such debtor might or could have done if no attachment had been issued, or trustees appointed, or an assignment had not been made; and no set-off shall be allowed in any such suit, for any debt, unless it was owing to such creditor, by such debtor, before the first publication of the [42] notice required in the first article, or before the appointment of trus4 Denio,82; tees under the second article, or before presenting the petition of the insolvent under the third, fifth and sixth articles, or before the publication of notice to creditors under the fourth article. But no suit Barb., 209. in equity shall be brought by assignees of insolvents under the third, 4 Hill, 115; 7 Paige, fourth and fifth articles, without the consent of the creditors having ART. 8. a major part of the debts which shall have been exhibited and allowed, unless the sum in controversy exceeds five hundred dollars: 2. To take into their hands, all the estate of such debtor, whether attached, or delivered to them, or afterwards discovered; and all books, vouchers and securities relating to the same: 3. In the case of a non-resident, absconding or concealed debtor, to demand and receive of every sheriff who shall have attached any of the property of such debtor, or who shall have in his hands, any monies arising from the sale of such property, all such property and monies, on paying him his reasonable costs and charges, for attaching and keeping the same, to be allowed by the officer having jurisdiction: 4. From time to time, to sell at public auction, all the estate, real and personal, vested in them, which shall come to their hands, after giving at least fourteen days' public notice of the time and place of sale, and also publishing the same for two weeks in a newspaper, printed in the county, where the sale shall be made, if there be one: 5. To allow such credit on the sale of real property by them, as they shall deem reasonable, not exceeding eighteen months, for not more than three-fourths of the purchase money; which credit shall be secured by a bond of the purchaser, and a mortgage on the property sold: 6. On such sales, to execute the necessary conveyances and bills of sale: 7. To redeem all mortgages and conditional contracts and all pledges of personal property, and to satisfy any judgments, which may be an incumbrance on any property so sold by them; or to sell such property subject to such mortgages, contracts, pledges or judgments. 8. To settle all matters and accounts between such debtor, and his debtors, or creditors, and to examine any person touching such matters and accounts, on oath, to be administered by either of them: 9. Under the order of the officer appointing them, to compound with any person indebted to such debtor, and thereupon to discharge all demands against such person. [1. R. L., 159, § 10; 161, § 15; 352, § 8; 468, § 19, to 470, § 23.] § 8. The trustees, immediately upon their appointment, shall give notice thereof; and therein shall require, 1. All persons indebted to such debtor, by a day and at a place therein to be specified, to render an account of all debts and sums of money owing by them respectively, to such trustees, and to pay the same: 2. All persons having in their possession any property or effects of such debtor, to deliver the same to the said trustees by the day so appointed: 3. All the creditors of such debtor to deliver their respective accounts and demands to the trustees or one of them, by a day to be therein specified, not less than forty days from the first publication of such notice. [1 R. L., 159, § 9.] Notice to be given. 3 Abb. Ct. App. Dec., [43] |