The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1859-08-05


jurisdiction within the county, 10 enforc,
the claim, creditors shall present thei
claims within six months after the publica
ton OF the notice provided for in sector
four OF this ac., TO the assignee Tor allow
ance, and the assignee shall endorse his al
, lowance or rejection theieon, and claimant,
whose claims are rejected shall be reqnired
10 bring suit against the assignee to enforce
such clams within thirty days after tn,
same shall have been rejected, in which i
lie recover, the judgment shall he agans
the assignor, that he allow the same in set
tlement Of his trusts with or without costs
as the Court shall think right; provided
however, that the assignor may make an,
defence to such action that the aSsigne,
might have made to a suit instituted against
him before the a Segment for the same cause
o. action.
o.. =. the ssSlgnee shall also at IN,
, same time, and as often afta-.---. 80 n'dJ
be IeuuiTcd, report the sums col, cted b,
including those arising from sales together
with the amount remaining uncolected
and the amount thereof which IN his opIn
ion may he thereafter collected.
Sac. 8. II the assignee or creditor shal
file in the Probate Court a written requlsi.
ton on the assignee to dsallow any claim oi
claims presented, which he has not repo RI ed
as dlsaliOwed, and shall enter into an under
taking with surety or sureties 10 be approved
by the Probate Judge, conditioned TO pay
all the costs and expenses Of contesting the
same, such claim or claims shall be ordered
to be disallowed, and the same proceediugs
lshall be had as required in other cases ol
dissllowancs by the foregoing section.
SIC. 9. The Probate Court shall order
the payment of all membranes aud liens
upon ary Of the property sold. or rights aud
sd f,l ...f
according to priority.
SEC. 10. At the expiration OF eight
months from the appointment and quail flea.
ton of the assignee, and sooner il it can be
done with regard 10 the rights and interests
OF ell parties, and as often afterwards as may
be deemed proper u, the Probate Judge, a
dividend shall be declared payable out oil
the assets Of the asSIgnofs, applicable to the
payment Of non preferred claims and bal
ances OF claims equally amongst all the
creditoTs entitled IN proportion 10 the
amounts Of their respective CLAIMS thereon ,
including those dlsallowed as to which the
claimant has begun proceedings TO establish
the same, as required in the sixth section oi
this act; OF the making Of which dividend.
and Cf the time and place Of payment there
Of, notice Ihsll be given by advertisement ia
newspaper, and in such other way rs the
Probate Judge may direct; OF the payment OF
which dividends and those remaining un.
called for and unpaid at that time, report
shall be made within sAty days after the lay
Fixed for the payment Of the same. Tie
Probate Judge sh III then cause new notice
to be given 10 the owners OF the unpaid di
! vIdends, by public alton and such oi her
mode as lie shall direc. and II the same are
moi demanded within twelve months there.
after, the same shall be divided DR. ra a
ha nth h.r ttN ,i,b 4
III full, aud the remainder, if any, 10 the
assignor or his legal representatives. The
dividends reserved for claims disable ,
where the proceedings to enforce their al :
lowancc have been commenced, shall be
held until snid proceedings have 'ermina ated,
when they shall Ue PAID, II the allowance oI
the claim has been ordered. upon the same;
otherwise, they shall he distributed pro rata
amongst other Creditors not paid IN full. or
refunded 10 the aSsignor, as the case may re-
lqulre.
SAC. II. Before any dividend is 'eclared,
the costs and expenses OF admin STEERING the
trusts Of said ass sgnment, including a rea.
sJnable compensation 10 the said ass gnee.
and his counsel fees and other expenses. as
may be allowed by the Probate Judge, shall
be paid out Of the trust fund.
Sgc. l2. In case the asslgnce or any cred
itor have reason 10 believe, and make afIida.
VT thereof, that the asslgnJr hasnOtsurren.
tetei all the property and effects embraced
in the assignment; or that he has property Oh
effects which he conceals and refuses to sp
ply 10 the payment Of his debts; or that h,
has conveyed or assigned any property o
effects for The purpose OF hinderlng. delaying
or defrauding his creditors, OF that he 4
about TO do soi or that he has converted an.
. property or effects into moneys aud cred, II
..Nf l,At h..y. Il.
reach Of his creditors. or tbs jurisdiction nj
the Courts oi the county, or is about so 10 do
| the Probate Judge shall cause him TO ap
near in omen Court or bef re a eferee an,
. answer under oath all inieIroga;orits con
p. cernlng the same; and may make all neceS
e saTy orders upon proper parties to prsven
D.. further transfers and changes 20 any proper
/, ty and effects which he thinks belongs 10 IN
: debtor and should be appli-d 20 the psymen
Of his debts: but no such order shall hav
i the effect to alter the title or possession {
: any property or effects claimed or possesse
II by any third person.
e SIC. 10. Every person presenting an
Il fhnga claim aga nst the estate Of the deb,
i or, and before the same shall be allow ed q
e any payments made thereon, shall make an
Il file an affidavit srtting forth that The sal
% claim IS Just aud lawful, what collateral {
y, personal security, IL any, the claimant hOl,
10 for the same. or that he has no securlt
/. whatever, and the assignee OF any redIt'
J. shall have the right 10 examine the clalmaI
70 under oath touching any such collateral I
h other security, or any other matter relatir
}. TO said claim, within such time ond und
n such regulations as shall be pGescTibed
" the Probate Judge.
y, SEc. IA. The Probate Judge shall ha,
h the right at any lime to remove any assign
a 7. -
ID stead, and TO make and enforce all orde
&c necessary to cause the property and ef=c
De to be delivered 10 the new trustee. and
rn reqx,re new undertakings with addltion
If snreties, and an appllcatlon made by al
ny surety or Sureties OF any assignee, may,
OF satisfied Of the TeasonaOleness oil such app
of cation, discharge such surety or suteti
from further liability, sni require that "a
he trustee shall be removed or give new SUI
lie ties.
us Sac. is. Nothing in this act shall be
,is construed as 10 require any property eSem
be from execution to be delivered up for pa
IL ment Of debts, or 10 authorize any ptopel
ss- belonging to the wife before matnage, Q
ee, not converted 10 the husbands use, to
cir taken in payment ofthe debts of her husbaT
SEC. l6. All assignments in trust tc
at trustee or trustees, made in contempaL
by OF insolvency, with the intent TO pTeler o
nd or more creditors, shall lnure TO the eq'
,sh benefit OF all creditors in proportion 10
ate amounts Of their respective claims. aud
,lic trusts arising under the same shall be
be ninislered IN conformity with the pIovisiC
ent OF this act.
ion SEc. IT. All transfers, conveyances.
ks, assignments made with the intent 10 hind
,de delay, or defIaud creditors, shall lnuI'
lall the equal benefit Of all creditors IN pIop
ap- ton TO the amounts Of their respect
re- claims. and the Probas Judge. after
Nv, such transfer, conveyance. or sssignm
rm. shall have been declared by Court Of &C
i'll petent Jurisdiction TO have been made "
'ur. the intent aforesaid. on the application
al any creditor, shall appoint an assign, o
as cording to the provisions OF this act, "
six due course Of Law to recover possess,oI