Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-04-04

iciaim OF any creditor, on IL exceptions have
Ibeen made, and adiudicated or settled by
said court, the said assignee or assignees
lshall then proceed to make from time to
time, fair and equal dividends among said
lcreditors OF the assets which shall come
TO hand, in proportion TO their claims, and
as soon as may be, and moi exceeding one
lyear thereafter, shall render Oh cath or
lafflrmation, final account 10 the Orphans
Court OF said county, 10 like manner and
upon The same notice to creditors and 9th.
lers interested, as directed in regard 10
executors and administrators in the six
Iteenth section OF the act, entitled. San
lac; 10 ascertain the powers aud authority
loi the Ordinary and his surrogates, and to
regulate the Jurisdiction al The Prerosaiiye
Court, and to establish ao Orphans Court
lin the several counties or this state,r pass
led the ! 9th of December, 1894, and ex.
lcepiious may in like manner be fled to
Esuch accounts and proceeded 10 as is pre-
lscribed in said section, ID regard to ex
fecutors and administrators, and the settle
lment and decree of said court shall be
conclusive on all parties except for assets
(which may afterwards come to hand, or FOR
fraud or apparent error.
Sec. 8. And be ii enacted, That such
commissions aud allowance shall be made
to said assignee or assighees, in the finaI
settlement aforesaid, as tbe said court shall
Iconsider just and right.
Sec. 9. find be it enGctfd. That the said
Court may from time to time, if necessary.
10y citation and attachment, compel said
assignee or assignees 10 proceed TO the
Execution Of the duties required by this
act, until fnal settlement and distribution
las aforesaid.
i Sec. 10. And be 1t enacted, That any
creditor may not only exhibit any debt
iIdne, but those to grew due, making ID
such case reasonable rebate when interest
lis not accruing on the same.
| Sec. II. And be 1t enacted, That II any
Icreditor shall not exhibit his, her or their
lclaims within The term oil six mouths, as
aforesaid, such claims shall be barred oil
dividend, unless the estate shall prove
lsufficient after the debts exhibited aud al
loved are fully sstisfed, OF such creditor
lshall find some other estate not accounted
for by the assignee or assignees before
distribution, ia which case such barred
lcreditor shall be entitledto rateable pro-
portion therefron.
Sec. II. Ind be 1t enacted. That when
lever any assignee OF assignees, as afore-
Isaid. shall sell any real estate of such
Idebtor or debtors as is conveyed in trust
as aforesaid, he or they shall proceed to
advertise and sell the same 10 manner as is
prescribed in the case of an executor, by
1.-The twenty-first section of the act. entitled
An act making lands liable 10 be sold
for payment Of debts" passed 18th oil
February, 1899. and the supplement to
lsaid act, passed the 26th Of November,
1904.
Sec. IS. find be it enacted, That every
assignee as aforesaid, shall have as fol
Ipower and authority to dispose of all es
Itste, real and personal, assigned, as the
said debtor or debtors had at the time o.
the assignment, and TO sue for and recover
liz the proper name Of such assignee OF
assignees, every thing belonging or apper.
tanning TO said estate, real or personal, o
said debtor or debtors, and shall have fuI
power and authority to refer to arbitration
lsettle and compound, and TO agree with
any person concerning the same, and tc
redeem all mortgages and conditional con
tracts, and generally to act aud do what
soever the said debtor or debtors nigh
have lawfully done in the premises.
Sec. Ia. Andbe IL enacted, That nothins
in this act shall be taken or understood a.
discharging said debtor or debtors frou
liability TO their creditors, who may no.
{ choose to exhibit their claims. either ii
regard to the persons OF such debtors, oil
to any estate real or personal. not assigned
as aforesaid, but with respect TO the cred
itors who shall come 10 under said assign
ment, and exhibit their demands as afore
said, for dividend, they shall be wholly
barred from having afterwards any action
or suit at law or equity against such debt
Tors or their representatives; unless on the
trial of such action or hearing in equity,
the said creditor shall prove fraud 10 the
said debtor or debtors, with respect to the
said assignment, or conceaiing his estate
real or personal, whether III possession
hold 10 trust, or otherwise.
i Sec. Is. And be It enacted. That the
same fees shall be allowed 10 all proceed.
ings under this act, TO the judges and Off
cers Of the Orphans Court as are allowed
for like services performed in the settle
Iment Of accounts of executors or admin
listrators, under the laws Of this state.
| Sec. 10. And be it enacted, That il the
assignee or assignees who have been APP
pointed, and have given surety according