prevail. The Clerk of the Court shall keep a minute of the deliberations of said creditors, and of the election and appointment of an assignee, and enter the same upon the records of the Court. The asssignee shall file, within five days, unless the time be extended by the Court, with the Clerk, a bond, in an amount to be fixed by the Court, to the State of California, with two or more sufficient sureties, approved by the Court, and conditioned for the faithful performance of the duties devolving upon him. The bond shall not be void upon the first recovery, but may be sued upon from time to time by any creditor aggrieved, in his own name, until the whole penalty is exhausted. The sureties on such bond may be required to justify, upon the application of any party interested, in the same manner as bail upon arrest in civil cases.b *

(b) Secs. 493-6, C. C. P.

* U. S. R. S., Sec. 5033.—At the meeting held in pursuance of the notice, one of the registers of the court shall preside, and the messenger shall make return of the warrant and of his doings thereon; and if it appears that the notice to the creditors has not been given as required in the warrant, the meeting shall forthwith be adjourned, and a new notice given as required.

U. S. R. S., Sec. 5034.-The creditors shall, at the first meeting held after due notice from the messenger in presence of a register designated by the court, choose one or more assignees of the estate of the debtor; the choice to be made by the greater part in value and in number of creditors who have proved their debts. If no choice is made by the creditors at the meeting, the judge, or if there be no opposing interest, the register, shall appoint one or more assignees. If an assignee, so chosen or appointed, fails within five days to express in writing his acceptance of the trust, the judge or register may fill the vacancy. All elections or appointments of assignees shall be subject to the approval of the judge; and when in his judgment it is for any cause needful or expedient, he may appoint additional assignees, or order a new election.

U. S. R. S., Sec. 5036.-The district judge at any time may, and upon the request in writing of any creditor who has proved his claim shall, require the assignee to give good and sufficient bond to the United States, with a condition for the faithful performance and discharge of his duties; the bond shall be approved by the judge or register by his indorsement thereon, shall be filed with the record of the case, and enure to the benefit of all creditors proving their claims, and may be prosecuted in the name and for the benefit of any injured party. If the assignee fails to give the bond within such time as the judge or register orders, not exceeding ten days after notice to him of such order, the judge shall remove him and appoint another in his place.

1. Until notice required by the warrant has been given, an assignee can not be chosen: In re Hill, 1 B. R. 16.

2. When the papers in the case show that notices of the issuing of the warrant, and of the first meeting of creditors, were duly published, and that a like notice containing the name of a particular creditor, as creditor, and a

SEC. 16. If, on the day appointed for the meeting, the creditors do not attend, or refuse to elect an assignee; or if, after election, the assignee shall fail to qualify within the proper time, it shall be lawful for the Court before which the said meeting may take place, to appoint an assignee and fix the amount of his bond.*

statement of his residence, and of the amount of his debt, and the other matters required, was duly served by mail upon him, the fact that he did not receive it will not affect the regularity of the proceedings: In re Stetson, 3 B. R. 726.

3. New notice need only be given to remedy the defects or irregularities of the first notice. If the defect occurs in the publication, the service on the creditors being regular, a new notice must be published, but no new notices need be served on the creditors. If the defect is in the service of the notice, the publication being regular, a new notice must be served, but no new notice need be published: In re Devlin and Hogan, 1 B. R. 35.

4. All proceedings founded upon a defective notice are irregular and must be set aside: In re Hall, 2 B. R. 192.

5. The meeting should be organized at the hour named in the notice. If an assignee is not then elected, the meeting may be adjourned from day to day. The several adjournments will constitute but one meeting: In re Ñorton, 6 B. R. 297.

6. Any manner of voting, by which the choice of each creditor is clearly expressed, is sufficient. It may be taken by ballot or viva voce. It may be taken by calling the name of each creditor: In re Lake Superior S. C. R. R. & I. Co., 7 B. R. 376.

7. No person has a right to be heard until he has proved his claim: In re Hill, 1 B. R. 16.

8. A creditor who proves his debt in due form, but retains the deposition in his own possession, is not a creditor who has proved his debt: In re Sheppard, 1 B. R. 439.

9. A creditor holding a security can not vote for assignee: In re Davis & Son, 1 B. R. 120; In re Walton, 1 Deady, 442; In re Hanna, 7 B. R. 502; contra, in re Bolton, 1 Id. 370. As he has security, the policy of the act is to leave his rights to be settled after there is an assignee to contest his claims to the property and protect the estate: In re High, 3 Id. 192.

10. A creditor holding a mortgage upon the homestead of the bankrupt has a right to prove his demand and vote: In re Stillwell, 7 B. R. 226.

11. A partner may cast the vote of his firm. The firm vote will only count as one vote. One of several joint creditors, not partners, can not act or vote without the consent of the others: In re Perris, 1 B. R. 163. An attorney at law and agents can not vote without procuring letters of attorney: Id.

12. A creditor can not change his vote after a final adjournment: In re Scheiffer & Garrell, 2 B. R. 591.

13. Where only one creditor appears and proves his debt, and there are no other debts proven, the right to choose an assignee belongs to the sole creditor who has proved his claim: In re Hayns, 2 B. R. 227.

14. An attorney for a creditor of the bankrupt may be assignee. Section 5035 declares who shall be ineligible as assignee. There is no other provision in the bankrupt act rendering a person ineligible for this provision: In re Barrett, 2 B. R. 533.

* U. S. R. S., Sec. 5041.-Vacancies caused by death or otherwise, in the office of assignee, may be filled by appointment of the court, or at its discretion by an election by the creditors, in the same manner as in the original choice of an assignee, at a regular meeting, or at a meeting called for the purpose, with such notice thereof in writing to all known creditors, and by such person, as the court shall direct.

SEC. 17. As soon as an assignee is appointed and qualified, the Clerk of the Court shall, by an instrument under his hand, and seal of the Court, assign and convey to the assiguee all the estate, real and personal, of the debtor, with all his deeds, books, and papers relating thereto, and such assignment shall relate back to the commencement of the proceedings in insolvency, and by operation of law shall vest the title to all such property and estate, both real and personal, in the assignee, although the same is then attached on mesne process, as the property of the debtor, and shall dissolve any attachment made within one month next preceding the commencement of the insolvency proceedings. Such assignment shall operate to vest in the assignee all the estate of the insolvent debtor, not exempt by law from execution. *

b

a

(a) The title of the assignee vests, by relation, at the date of the filing of the petition and the order staying proceedings: Hastings v. Cunningham, 39 Cal. 137; Tafts v. Manlove, 14 Id. 47. The title vests even if the property is not named in the schedule, and the assignee does not know of it until after discharge: Philman v. Kennedy, 48 Id. 201.

(b) See note to sec. 6.

(c) A franchise to construct a turnpike road and collect tolls, does not pass to the assignee: People v. Duncan, 41 Cal. 507.

(d) Sec. 690, C. C. P.

* U. S. R. S., Sec. 5044.—As soon as an assignee is appointed and qualified, the judge, or, where there is no opposing interest, the register shall, by an instrument under his hand, assign and convey to the assignee all the estate, real and personal, of the bankrupt, with all his deeds, books, and papers relating thereto, and such assignment shall relate back to the commencement of the proceedings in bankruptcy, and by operation of law shall vest the title to all such property and estate, both real and personal, in the assignee, although the same is then attached, on mesne process, as the property of the debtor, and shall dissolve any such attachment made within four months next preceding the commencement of the bankruptcy proceedings.

U. S. R. S., Sec. 5045.-There shall be excepted from the operation of the conveyance the necessary household and kitchen furniture, and such other articles and necessaries of the bankrupt as the assignee shall designate and set apart, having reference in the amount to the family, condition, and circumstances of the bankrupt, but altogether not to exceed in value, in any case, the sum of five hundred dollars; also the wearing apparel of a bankrupt, and that of his wife and children, and the uniform, arms, and equipments of any person who is, or has been, a soldier in the militia, or in the

service of the United States; and such other property as now is, or hereafter shall be, exempted from attachment, or seizure, or levy on execution by the laws of the United States, and such other property, not included in the foregoing exceptions, as is exempted from levy and sale upon execution or other process, or order of any court, by the laws of the state in which the bankrupt has his domicile at the time of the commencement of the proceedings in bankruptcy, to an amount allowed by the constitution and laws of each state, as existing in the year eighteen hundred and seventy-one; and such exemptions shall be valid against debts contracted before the adoption and passage of such state constitution and laws, as well as those contracted after the same, and against liens by judgment or decree of any state court, any decision of any such court rendered since the adoption and passage of such constitution and laws to the contrary notwithstanding. These exceptions shall operate as a limitation upon the conveyance of the property of the bankrupt to his assignee; and in no case shall the property hereby excepted pass to the assignee, or the title of the bankrupt thereto be impaired or affected by any of the provisions of this title; and the determination of the assignee in the matter shall, on exception taken, be subject to the final decision of the said court.

U. S. R. S., Sec. 5046.-All property conveyed by the bankrupt in fraud of his creditors; all rights in equity, choses in action, patent-rights, and copyrights; all debts due him, or any person for his use, and all liens and securities therefor; and all his rights of action for property or estate, real or personal, and for any cause of action which he had against any person, arising from contract or from the unlawful taking or detention, or injury to the property of the bankrupt; and all his rights of redeeming such property or estate; together with the like right, title, power, and authority to sell, manage, dispose of, sue for, and recover or defend the same, as the bankrupt might have had, if no assignment had been made, shall, in virtue of the adjudication of bankruptcy and the appointment of his assignee, but subject to the exceptions stated in the preceding section, be at once vested in such assignee.

1. Property acquired by the bankrupt after the petition is filed, belongs to the bankrupt: In re Patterson, 1 B. R. 125.

2. A bankrupt has no right to reserve from his estate a sum of money sufficient to meet the expenses of procuring his discharge: In re Thompson, 13 B. R. 300.

3. Unless there is a discharge subsequently acquired, property remains liable to attachment or levy on execution: Mays v. Manufacturers' National Bank, 4 B. R. 446.

4. The moment the petition is filed, the bankrupt is civilly dead. From the day on which he files his petition, and until an assignee is appointed, no assignment of his estate can be made: Johnson v. Geisriter, 26 Ark. 44.

5. Parties must, in law, be deemed to have notice of the filing of the petition, and of its effects under the operation of the bankrupt law: In re Grey, 3 B. R. 529; Perley v. Dale, 38 Me. 558; In re Lake, 6 B. R. 542.

6. If a debtor, in good faith and without knowledge or notice of the proceedings in bankruptcy, pays the bankrupt a debt, he can be compelled to pay it over again to the assignee: Mays v. Manufacturers' National Bank, 4 B. R.

446.

7. The burden of proving that the property did belong to the bankrupt prior to the filing of the petition, rests upon the assignee: Mays v.. Manufacturers' National Bank, 4 B. R. 446.

8. The assignment vests the property in the assignee, although it was not placed on the bankrupt's schedules: Holbrook v. Dickenson, 25 III. 543.

9. Real estate situated in a foreign country does not vest in the assignee, for a statutory conveyance can have no extraterritorial effect upon real estate; Oakey v. Bennett, 11 How. 33.

10. If, by the terms of a trust, the income of a certain fund is to be paid to the bankrupt or his wife, to be applied to the support of the bankrupt, his wife and children, the assignee is not entitled to any part thereof: Durant v. Mass. Hosp. L. Ins. Co., 15 A. L. J. 436.

11. Property devised to trustees to hold until the devisee reaches a certain age, the estate passes to the assignee of the devisee although he has not reached that age at the time proceedings in bankruptcy were commenced: Sandford v. Lackland, 2 Dillon, 6.

12. Growing crops pass to the assignee, and should be placed upon the schedules as personal property: In re Schumpert, 8 B. R. 415.

13. A purchaser of firm property, at a sale under an execution against an individual partner, obtains only the interest of such partner in the surplus that may remain after the firm debts are paid: Osborn v. McBride, 16 B. R. 22. 14. A certificate of membership in a board of trade, where no profits are given the members further than what is derived from the incidental use made by a member of the privileges which his membership gives him, is a mere personal privilege, and does not pass to the assignee: In re Sutherland, 6 Biss. 526.

15. In cases of conditional sale, the ownership remains in the vendor until the final payment. Taking indorsed notes does not waive the condition that the title shall remain in the vendor until the purchase-money is paid: In re Lyon, 7 B. R. 182.

16. The assignee of the vendee can claim no greater rights than the vendee had: In re Pusey, 6 B. R. 40.

17. Where the vendor reserves the right to take possession of the chattels in case of the non-payment of the purchase-money, and does take possession before the commencement of the proceedings in bankruptcy, his title is valid, although the right was reserved in a mortgage, which was not recorded: Field v. Baker, 11 B. R. 415.

18. A covenant in the lease that the fixtures shall not be removed until the rent is paid, binds the assignee: In re Morrow, 2 B. R. 665.

19. The termination of all interest of the insured in the property defeats the policy. A transfer to an assignee in bankruptcy is a transfer of all the interest of the bankrupt. The fact that the bankruptcy is involuntary, or that the transfer is made by operation of law, is immaterial: Starkweather v. Cleveland Ins. Co., 4 B. R. 341; Torry v. Lorillard Ins. Co., 14 Id. 339.

20. A draft drawn for a part of a fund in bank is not an equitable assignment of the money, and does not entitle the holder to a priority of payment out of such money in the hands of the assignee: Randolph v. Conby, 11 B. R. 296.

21. A deed of the bankrupt, without any certificate of acknowledgment, is good against the assignee, for he is a grantee with full notice: In re Kansas City Mfg. Co., 9 B. R. 76.

22. The assignee takes the property subject to all legal and equitable claims of others. He is affected by all the equities which can be urged against the bankrupt: Cook v. Tullis, 18 Wall. 332.

23. If the bankrupt is estopped his assignee is also estopped: McKay v. Aldus, 3 B. R. 50.

24. The assignee has no power to institute proceedings for the recovery of a statutory forfeiture claimed by the bankrupt, either prior or subsequent to proceedings against him in bankruptcy: Bromley v. Smith, 5 B. R. 152.

25. Articles of jewelry given to the wife previous to marriage and continuing in her use since, do not pass to the assignee: In re Ludlow, 1 N. Y. Leg. Obs. 322; In re Kasson, 4 Law Rep. 489.

26. Gifts from the husband to the wife of personal ornaments or others compatible with his circumstances at the time are her sole property as paraphernalia, and do not pass to the assignee: In re Ludlow, 1 N. Y. Leg. Obs. 322; contra, in re Grost, 2 Story, 311.

27. An insurance policy on the life of the bankrupt for the benefit of the wife, belongs to the wife, and if he is solvent when the premiums are paid the policy can not be assigned by him: In re Bear & Steinburg, 11 B. R. 46. 28. Transactions void as to creditors are equally void as against the assignee: Kane v. Rice, 10 B. R. 469.

29. When the statutes of a state expressly declare that a deed shall be void