31-2-220. Management, disposal, and conversion of estate. (1) Until the inventory and affidavit required by 31-2-213 and 31-2-214 have been made and filed and the assignee has given bond as required by 31-2-219, the assignee for the benefit of creditors has no authority to dispose of the estate or convert it to the purposes of the trust.
     (2) But in case the assignor shall fail to present such inventory within the 20 days required, then the assignee, before the 10 days shall have elapsed, may apply to said district judge by verified petition for leave to file a provisional bond until such time as he may be able to present the inventory as herein provided.
     (3) The district judge shall, in the case provided in 31-2-214, and may also at any time on the petition of one or more creditors showing misconduct or incompetency of the assignee or on petition of the assignee himself, showing sufficient reason therefor, and after due notice of not less than 5 days to the assignor, assignee, surety, and such other persons as such judge may prescribe:
     (a) remove or discharge the assignee and appoint one or more in his place;
     (b) order an accounting of the assignee so removed or discharged.
     (4) The district judge may:
     (a) enjoin said assignee from interfering with the assignor's estate and make provision by order for the safe custody of the same; and
     (b) enforce obedience to such injunction and orders by attachment.
     (5) Upon his discharge, upon his own application, such assignee's bond shall be canceled and discharged.
     (6) The new assignee shall give a bond, to be approved as required.
     (7) The district judge shall have power by order to:
     (a) require or allow any inventory or schedule filed to be corrected or amended;
     (b) require and compel, from time to time, supplemental inventories or schedules to be made and filed within such time as he shall prescribe; and
     (c) enforce obedience to such orders by attachment.

     History: En. Sec. 4529, Civ. C. 1895; re-en. Sec. 6155, Rev. C. 1907; amd. Sec. 1, Ch. 180, L. 1919; amd. Sec. 1, Ch. 215, L. 1921; re-en. Sec. 8631, R.C.M. 1921; Cal. Civ. C. Sec. 3468; re-en. Sec. 8631, R.C.M. 1935; R.C.M. 1947, 18-320.