shall be destroyed without any negligence or default of the trustee, after such judgment, and before the demand of such goods by the officer holding the execution, such trustee shall be discharged from all liability to the plaintiff, for not delivering such goods or chattels. (Sec. 60 of R. S.)

SECT. 37. If, in such case, a suit shall be commenced against the trustee, for not delivering the goods, he may plead the general issue and give such destruction in evidence on the trial. (Sec. 61 of R. S.)

SECT. 38. In all cases, when the trustee is sued for not delivering to the officer, goods, effects or credits, in his hands, he may plead the general issue and give in evidence, any matter of discharge, which may have occurred after he was adjudged trustee, provided such matter would have been a good discharge to a sheriff, if he had attached the same goods, in the hands of the principal defendant, and they had been owned by such defendant, and not delivered on the execution, when legally demanded. (Sec. 62 of R. S.)

EFFECT OF A PENDING SUIT AGAINST THE TRUSTEE.

SECT. 39. If, during the pendency of any action, the defendant therein is summoned as the trustee of the plaintiff, the first suit may nevertheless proceed so far as to ascertain by a verdict, award or otherwise, what sum, if any, is due from the defendant, and the suit shall not be delayed on account of the trustee process, unless the court, for good cause shown, shall continue the same for judgment, until the termination of the trustee suit, or until the trustee shall be discharged. (Sec. 30 of R. S'.)

SECT. 40. The court may, on the application of the plaintiff in the trustee process, continue the other suit on such terms as shall be adjudged just and reasonable; and if it is not so continued, and the judgment is rendered against the defendant therein, he shall not afterwards be adjudged a trustee on account of the demand so recovered against him, so long as he is liable to an execution on the judgment. (Sec. 31 of R. S.)

SECT. 41. If, before final judgment is rendered in the first suit, the defendant in that suit shall be adjudged a trustee in the other, and shall pay thereon the money demanded in the first suit, or any part thereof, the fact shall be stated on the record of the first suit, and judgment shall be rendered thereon for the costs due to the plaintiff, and for such part of the debt or damages, if any, as shall remain due and unpaid. (Sec. 32 of R. S.)

MONEY DEMANDS AND NEGOTIABLE PAPER.

SECT. 42. If any person shall be adjudged a trustee on account of any sum of money due from him to the principal defendant, the court shall determine the amount which the trustee shall pay on the judgment against the principal defendant, and if the same is payable at a future day, the time when the same shall be paid. (Sec. 36 of R. S.)

SECT. 43. If the trustee shall refuse or neglect to pay such sum

as the court shall so determine, by the time specified in the order of court, when required thereto, by the officer who serves the execution, he shall be liable for the same, with interest, to the plaintiff in the action, to be recovered in an action on the case. (Sec. 37 of R. S.)

SECT. 44. If any person, having been summoned as trustee, shall be adjudged by the court trustee on account of any sum of money due from him to the principal debtor, and payable presently and in money at the time judgment shall be rendered against the principal debtor, the court shall determine the amount which the trustee shall pay on said judgment, and execution may issue directly against the goods and chattels or estate of the trustee for the same; the amount of which judgment against the trustee shall be certified on the execution against the principal debtor, if any execution shall issue against him. (Sec. 2 of No. 9 of 1842.)

SECT. 45. All negotiable paper, whether under or over due, may be attached by, and the same shall be subject to the operation of the trustee process, unless it shall appear that the same had been negotiated, and notice thereof given to the maker or endorser before the service of the trustee process on him.

Provided, that in all cases hereafter arising, when from the trustee's disclosure, it shall appear that he has been notified of the sale or assignment of any demand for which he would otherwise be adjudged trustee, either of the parties to that suit or process may raise the question of the validity of such sale or assignment, and the person or persons who gave such notice of sale or assignment to him or them, may be summoned as witnesses and compelled to testify to the consideration upon which such sale or assignment was made; and if, upon all the evidence upon that point, it shall be found that such sale or assignment was not bona fide, then said trustee shall be adjudged liable, in the same manner as though no sale or assignment had been pretended. (No. 8 of 1841.)

FRAUDULENT CONVEYANCE.

SECT. 46. If any person, who is summoned as a trustee, shall have in his possession any goods, effects or credits, of the principal defendant, which he holds by a conveyance or title that is void as to the creditors of the defendant, he may be adjudged a trustee on account of such goods, effects or credits, although the principal defendant could not have maintained an action therefor against him. (Sec. 34 of R. S.)

SECT. 47. Whenever any person shall be summoned as trustee, and the plaintiff shall seek to make him chargeable under the thirtyfourth section of the twenty-ninth chapter, (§ 46 of this chap.) to which this act is in addition, the court may in their discretion order that the said supposed trustee make his personal appearance before the court, and submit to an examination orally. (Sec. 9 of No. 9 of 1842.)

SECT. 48 The disclosure upon oath of any trustee, in any suit in which he is summoned as trustee, shall not be used as evidence

to prove any fact therein stated in any prosecution against such trustee for any crime or penalty. (Sec. 3 of No 9 of 1842.)

SECT. 49. When an execution shall issue against any trustee, and the same shall be duly returned unsatisfied, an alias execution may be issued against the body of such trustee, (see next section.) (Sec. 10 of No. 9 of 1842.)

SECT. 50. No execution shall hereafter issue against the body of any trustee, except when such person shall be adjudged a trustee. under section thirty-four of chapter twenty-nine of the Revised Statutes, (§ 46 of this chap.) (No. 11 of 1844.)

DEMANDS OF, AND PAYMENTS MADE BY TRUSTEE.

SECT. 51. Every trustee shall be allowed to retain or deduct out of the goods, effects and credits in his hands, all his demands founded on contract, express or implied, against the principal defendant, and shall be liable for the balance only, after all such demands between him and the principal defendant are adjusted. (Sec. 35 of R. S.)

SECT. 52. If, after the service on the trustee, but before he has any knowledge thereof, he shall, in good faith, make any payment, or become in any way liable to a third person, for, or on account of, the goods, effects or credits in his hands, or shall have delivered the same to the principal defendant, or to any other person entitled thereto, he shall be allowed therefor, in the same manner as if the payment or delivery had been made, or the liability incurred, before the service of the writ on him. (Sec. 5 of R. S.)

CLAIMS OF THIRD PERSONS.

SECT. 53. If it shall appear that any goods, effects or credits in the hands of any supposed trustee, are claimed by any other person, by force of an assignment from the principal defendant, or otherwise, the court may permit such claimant to appear, if he see cause, and maintain his right; and if he does not voluntarily appear, notice for that purpose may be issued and served on him in such manner, as the court shall direct. (Sec. 16 of R. S.)

SECT. 54. If any such claimant shall appear, either voluntarily or upon notice given, as before provided, he may be admitted as a party to the suit, so far as it respects his title to the goods, effects or credits in question, and may allege and prove any material facts, and such allegations shall be tried and determined in the manner before provided. (Sec. 17 of R. S.)

SECT. 55. Upon any trial between the attaching creditor and any other person, claiming the same effects in the manner before mentioned, the principal defendant may be examined as a witness for either party, if there is no other objection to his competency except his being a party to the original suit. (Sec. 18 of R. S.)

SECT. 56. When any such claimant is admitted as a party, in the manner before mentioned, the court may, in its discretion, award costs between him on the one part, and the attaching creditor and

the supposed trustee, or either of them, on the other part, as justice and equity may require. (Sec. 19 of R. S.)

EFFECT OF A JUDGMENT AGAINST OR THE DISCHARGE OF A TRUSTEE.

SECT. 57. The judgment against any person, as a trustee, shall acquit and discharge him from all demands by the principal defendant, his executors or administrators, for all goods, effects and credits. paid, delivered or accounted for, by the trustee, by force of such judgment; and if he is afterwards sued therefor, by the defendant, or his representatives, he may plead the general issue, and give the special matter of discharge in evidence. (Sec. 38 of R. S.)

SECT. 58. If any person, who is summoned as a trustee, shall be discharged, the judgment shall be no bar to an action brought against him by the principal defendant for the same demand. (Sec. 39 of R. S.)

COSTS.

SECT. 59. If any person, summoned as a trustee, shall appear and submit himself to an examination, upon oath, as before provided, he shall be allowed his costs for travel and attendance, and such further sum as the court shall judge reasonable, for his counsel fees, and other necessary expenses. (Sec. 40 of R. S.)

SECT. 60. If such person shall be adjudged a trustee, his said costs and charges shall be deducted and retained out of the goods, effects and credits in his hands, and he shall be chargeable for the balance only, to be paid on the execution. (Sec. 41 of R. S.)

SECT. 61. The person, summoned as trustee, shall be entitled to five cents a mile, for his travel, and one dollar and fifty cents, for each day's attendance before the county court. (Sec. 55 of R. S.)

SECT. 62. Any trustee appearing before a commissioner, shall be entitled to recover five cents per mile for his travel, and seventyfive cents per day for attendance before the commissioner. (Sec. 2 of No. 47 of 1848.)

SECT. 63. If such person shall be adjudged trustee on account of any specific articles of personal property due from him, or in his possession, he shall not be obliged to deliver the same to the officer serving the execution until his said costs and charges are fully paid or tendered. (Sec. 42 of R. S.)

SECT. 64. If such person shall be discharged as a trustee, for any cause, he shall recover judgment against the plaintiff, for his costs and charges and have execution therefor. (Sec. 43 of R. S.) SECT. 65. The plaintiff in a trustee process, shall give security for costs to the trustee, by way of recognizance, in the same manner, as like security is required to be given to the defendant, in ordinary cases, and if any trustee process shall issue without a minute of such recognizance thereon, the trustee shall be discharged. (Sec. 54 of R. S.)

DEATH OF TRUSTEE.

SECT. 66. If any person, who is summoned as a trustee in his own right, shall die before the judgment, if any, recovered by the plaintiff, shall be fully satisfied, the goods, effects and credits, in his hands, at the time of the attachment, shall remain bound thereby, and his executors and administrators shall be liable therefor, in like manner, as if the writ had been originally served on them. (Sec. 48 of R. S.)

SECT. 67. If the person, so summoned, shall die before judgment, in the original suit, his executors or administrators may appear, voluntarily, or may be cited to appear, and the further proceedings shall then be conducted in the same manner, as if the executor or administrator, in that capacity, had been originally summoned, as a trustee, except that the examination of the deceased, if any had been filed, shall have the same effect, as if he were still living. (Sec. 49 of R. S.)

SECT. 68. If the executor or administrator, after notice in such case, shall not appear, the plaintiff may take judgment against him, by default, in the same manner and with like effect as if he had been summoned as trustee, by an original process. (Sec. 50 of R. S.)

SECT. 69. If the person, originally summoned as a trustee, shall die after judgment in the original action, his executor or administrator shall pay, on the execution, such sum as he would by law have been required to pay, if the amount for which such deceased person was adjudged trustee, had been a legal debt against the estate of such person. (Sec. 51 of R. S.)

SECT. 70. If any executor or administrator shall refuse or neglect to deliver or pay, on the execution, any goods, effects or credits, which he is required, by the provisions of this chapter, to deliver or pay, the plaintiff in the trustee process shall have the same remedy against such executor or administrator, or upon his administration bond, as the principal defendant in the trustee process would have had, upon a judgment recovered by himself, for the same demand, against the executor or administrator. (Sec. 52 of R. S.)

GENERAL PROVISIONS.

SECT. 71. The plaintiff, in a trustee process, shall, in no case, recover a greater sum for costs, including the costs allowed to the trustee, than the amount of damages recovered. (Sec. 53 of R. S.)

SECT. 72. If the amount of debt or damages recovered by the plaintiff, in any trustee process, shall not exceed ten dollars, or if the goods, effects and credits, in the hands of the trustee, shall not exceed in value the sum of ten dollars, the trustee shall be discharged, and shall recover his costs against the plaintiff. (Sec. 58 of R. S.)

PROCEEDINGS BEFORE JUSTICES.

SECT. 73. When any person is summoned as a trustee before a.