assignee or assignees shall also forthwith file with the clerk of the county court where such assignment shall be recorded, a true and full inventory and valuation of said estate, under oath or affirmation, so far as the same has come to his or their knowledge, and shall then and there enter into bonds to the People of the State of Illinois for the use of the creditors in double the amount of the inventory and valuation, with one or more sufficient sureties to be approved by said clerk, and the said clerk shall give a receipt therefor, and the assignee or assignees may thereupon proceed to perform any duty necessary to carry into effect the intention of said assignment as respects the collection of debts and the sale of real or personal estate. Which said bond shall be taken in the name of the People of the State of Illinois, and the condition shall be as follows: The condition of this obligation is such that if the above bound

assignee of shall in all things discharge his duty as assignee of aforesaid and faithfully execute the trust confided to him, then the above obligation to be void, otherwise to remain in full force.

*4. Proving claims. §4. That at the expiration of three months from the time of first publishing notice as before provided, the assignee or assignees shall report and file with the clerk of the county court, as aforesaid, a true and full list, under oath or affirmation, of all such creditors of the assignor or assignors, as shall have claimed to be such, with a true statement of their respective claims, and also an affidavit of publication of notice, and a list of the creditors, with their places of residence and the date of mailing, to whom notice has been sent by mail, duly verified.

*5. Contesting claims-bond for costs, etc. § 5. That any person interested as creditor or otherwise, by himself or attorney may appear within thirty days after filing such report, and file with said clerk any exceptions to the claim or demand of any creditor's exhibit as aforesaid, and the clerk of said court upon such person, by himself or attorney, filing in said court good and sufficient bond for cost, to be approved by the clerk, and executed in the same manner and to like effect in law as is now required in qui tam actions as provided in sections one and two of an act entitled "An act to revise the law in relation to costs," approved February 11, 1874, shall forthwith cause notice thereof to be given to the creditor, which shall be served as in case of an original notice in the county court, and shall be returnable at the next term of the county court in said county; and the said county court shall, at the next term, proceed to hear the proofs and allegations of the parties in the premises, and shall render such judgment thereon as shall be just, and may allow a trial by jury thereon.

*6. Dividends-final settlement-costs, etc. § 6. That at the first term of the said county court after the expiration of the three months, as aforesaid, should no exception be made to the claim of any creditor, or if exceptions have been made, and the same have been adjudicated and settled by the court, the said court shall order the assignee or assignees to make from time to time fair and equal dividends (among the creditors) of the assets in his or their hands, in proportion to their claims, and as soon as may be, and within one year thereafter, to render a final account of said trust to said county court, and said court may

allow such commissions and allowances to said assignee or assignees, in the final settlement, as may be considered by the court just and right: Provided, however, that all claims for the wages of any laborer or servant, which have been earned within the term of three months next preceding the making of such assignment, and which have been filed within said term of three months after such assignment, and to which no exceptions have been made, or to which exceptions have been made and the same have been adjudicated and settled by the court, shall, after the payment of the costs, commissions and expenses of assignment, be preferred, and first paid to the exclusion of all other demands and claims: Provided, further, that such claims for wages of any laborer or servant shall recite upon their face that they are for such wages, and when exceptions are taken to such claims, the said court, in adjucating and settling the same, shall find that the claim so adjudicated and settled, is for wages of such laborer or servant. [As amended by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 53.

*7. Court has jurisdiction over assignee. § 7. That the assignee or assignees, in the execution of assignment, shall at all times be subject to the order and supervision of the county court when in session, or the judge of said court, when not in session, and the said court or the said judge may. by citation and attachment, compel the assignee or assignees from time to time to file reports of his or their proceedings and of the situation and condition of the trust, and to proceed in the faithful execution of the duties required by this act, and to obey the order of such court when in session, or the said judge when not in session, in relation to the complete and final settlement, distribution and paying over of the proceeds derived from said trust, or any part thereof, until a final settlement and distribution is made.

*8. Assignment not void because inventory not filed. § 8. That no assignment shall be declared fraudulent or void for want of any list or inventory as provided in the first section of this act. The county court of the county may, upon application of the assignee or assignees, or any creditor, compel the appearance in person of the debtor or debtors before such court, by citation returnable forthwith, or at the next term thereof, and by attachment, to answer, under oath, such matters as may then and there be inquired of him, her or them; and such debtor or debtors may then and there be fully examined under oath, as to the amount and situation of his, her or their estate, and the names of the creditor, and amounts due to each, with their places of residence; and may compel the delivery to the assignee or assignees of any property or estate embraced in the assignment.

*9. Additional inventory and bond. 9. That the assignee or assignees shall, from time to time, file with the clerk of the county court an additional inventory and valuation of any additional property or estate which may come into his or their hands under said assignment after the filing of the first inventory, as above provided, in the same manner as in the case of the first inventory, and the clerk may thereupon require additional security by bond, as upon the filing a first inventory. *10. As to claims not due. § 10. That any creditor may claim debts to become due as well as debts due, but on debts not due a reasonable abatement shall be made when the same are not drawing interest, and all creditors who shall not exhibit his, her or their claim within the term of three months from the publication of notice as aforesaid, shall not participate in the dividends until after the payment in full of all claims presented within said term and allowed by the county court. *11. Power of assignee to sell estate. II. That any assignee or assignees as aforesaid shall have as full power and authority to dispose of all estate, real and personal, assigned, as the debtor or debtors had at the time of the assignment, and to sue for and recover in the name of such assignee or assignees every thing belonging or appertaining to said estate, real or personal, and generally to act and do whatsoever the said debtor or debtors might have done in the premises; but no sale of any real estate belonging to said trust shall be made only on

notice published as in case of sales of real estate on execution, unless the county court shall order and direct otherwise.

*12. Vacancy in office of assignee, how filled, etc. § 12. That in case any assignee shall die before the closing of his trust, or in case any assignee shall fail or neglect, for the period of twenty days after the making of any assignment, to file any inventory and valuation, and give bonds as required by this act, it shall be the duty of the county judge of the county, where such assignment may be recorded, on the application of any person interested as creditor or otherwise, to appoint some one or more discreet and qualified person or persons to execute the trust embraced in such assignment; and such person or persons on giving bond with sureties as required above of the assignee or assignees named in such assignment, shall possess all the powers thereby, and by this act conferred upon such assignee or assignees, and shall be subject to all the duties hereby imposed as fully as though he or they are named in the assignment, and in case any security shall be discovered to be insufficient, or on complaint before the county court it shall be made to appear that any assignee or assignees are guilty of wasting or misapplying the trust estate, said county court may direct and require the giving additional security, and may remove such assignee or assignees, and may appoint others in their stead to fulfill the duties of said trust; and such person so appointed on giving bond shall have full power to execute such duties, and to demand, and sue for all estate in the hands of the person or persons removed, and to demand and recover the amount and value of all moneys and property or estate so wasted and misapplied, which he or they may neglect or refuse to make satisfaction for, from such person or persons, and his or their sureties.

#13. Preferences — void assignment. 13. Every provision in any assignment hereafter made in this State, providing for the payment of one debt or liability in preference to another, shall be void, and all debts and liabilities within the provisions of the assignment shall be paid pro rata from the assets thereof.

*14. Jurisdiction of county courts. § 14. Full authority and jurisdiction is hereby conferred upon county courts and the judges thereof, to execute and carry out the provisions of this act, and said courts shall be and remain open at all times for the transaction of business, under this act.

AN ACT to amend an act entitled "An act concerning voluntary assignment, and conferring jurisdiction therein upon county courts," approved May 22, 1877. [Approved May 31, 1879. In force July 1, 1879.]

*15. Discontinuance of proceedings. 15. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled "An act concerning voluntary assignments, and conferring jurisdiction therein upon county courts, approved May 22, 1877, be and the same is hereby amended, by adding thereto the following sec. tion, to wit: Section 15. All proceedings under the act of which this is amendatory may be discontinued upon the assent, in writing, of such debtor and a majority of his creditors in number and amount; and in such case all parties shall be remitted to the same rights and duties exist

ing at the date of the assignment, except so far as such estate shall have already been administered and disposed of; and the court shall have power to make all needful orders to carry the foregoing provisions into effect. [Added by act approved May 31, 1879. In force July 1, 1879 L. 1879, P. 57.

AN ACT in regard to attachments in courts of record. [Approved December 23, 1871. In force July 1, 1872.]

1. Causes. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in any court of record having competent jurisdiction, a creditor may have an attachment against the property of his debtor, or that of any one or more of several debtors, when the indebtedness exceeds $20, in any one of the following cases: First-Where the debtor is not a resident of this State.

Second-When the debtor conceals himself or stands in defiance of an officer, so that process cannot be served upon him.

Third- Where the debtor has departed from this State with the intention of having his effects removed from this State.