Section 106. Order directing assignment; assignment pursuant thereto

An
  order, directing the execution of an assignment, must  be  made  by  the
  court,  where  it appears, by the verdict of the jury, or, if a jury has
  not been demanded, or the jurors have been discharged by reason of their
  inability to agree, where it satisfactorily appears  to  the  court,  as
  follows:
    1. That the petitioner is unable to pay his debts.
    2. That the schedule annexed to his petition is true.
    3.  That  he  has  not  been  guilty  of  any fraud or concealment, in
  violation of the provisions of this article.
    4. That he has, in all things, conformed to the  matters  required  of
  him by this article.
    The   provisions   of   sections   seventy-six,   seventy-seven,   and
  seventy-eight of this chapter apply to  the  order  prescribed  in  this
  section,  and  to  the assignment made in pursuance thereof, except that
  the trustee or trustees must be nominated, as well as appointed, by  the
  court.