§ 81. Proceedings upon return of order.
145 words·~1 min read·
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§ 81. Proceedings upon return of order. If, upon the return of the
order, it appears that the assignment has been duly executed, and that
the petitioner has duly delivered all his property directed to be
assigned, and all the books, vouchers, and papers relating thereto,
which are capable of delivery, the court may, either
1. Grant a discharge of the petitioner, notwithstanding the neglect or
refusal of the trustee; or
2. Make an order, revoking the appointment of the trustee. Upon the
entry of such an order, the powers of the trustee, and his interest in
the assigned property, cease. If there is no other trustee, the court
must, by the same or another order, appoint one or more new trustees.
Such an appointment has the same effect, as if the person or persons so
appointed were named as trustees in the original assignment.