ROBERT M. McLANE, ESQUIRE, GOVERNOR.

407

of account or other property (unless the execution of

said order of adjudication be suspended at the time by

the filing of an appeal bond as provided under section

twenty of this article); and the court which had so

adjudicated said insolvent may thereupon proceed to

enforce the execution and delivery by him of said

Enforce execu.-
tiou.

schedule and list of debts, and the delivery of his said

books of account and all other property to which his

said preliminary trustee may be entitled, by fine and

imprisonment, as in other cases of contempt for disobe-

dience to or non-performance of its order; and in all

cases where, from any cause whatsoever, any person

who has been or shall hereafter be adjudicated an in-

solvent under this article shall not have executed and

delivered such schedule and lists of debts within ten

days after his adjudication, it shall be the duty of his

preliminary trustee to make out a list of his creditors

File list of

from the best information he can obtain, and to file

creditors.

the same with the clerk of the court by which the

said insolvent was adjudicated; and said trustee shall

be at liberty to amend said list from time to time ;

and all notices addressed to each of the creditors

mentioned in said list shall have the same force and

validity for all purposes whatsoever as if said list of

creditors had been prepared and returned by the in-

solvent himself, along with his schedule and list of

debts, and verified by his affidavit, as required by the

provision of this article.

SEC. 13. No deed or conveyance executed, or lien

created by any banker, stock-broker, merchant, manu-

facturer or trader, being insolvent or in contemplation

of insolvency, shall be lawful or valid if the same shall

contain any preferences, save such as result from

operation of law, and save those for the wages or sala-

ries to clerks, servants and employees, contracted not

more than three months anterior to the execution

thereof, and all preferences, with the exceptions afore-

When nor law
ful or valid.

said, shall be void, howsoever the same be made;

provided the grantor or party creating the said lien

or preference shall be proceeded against under sections

twenty-four and twenty-four A, or apply for the benefit

of this act under section one within sixty days after

the recording of the deed or conveyance, or the crea-

tion of the said lien or preference, and shall be de-

clared or shall become, under the provisions of this

act, an insolvent.