The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1859-07-29
WHOLE NO., 49S.

J OF u ABOUT so TO do, the probate judge shall
= cause him to appear in open court or before
o reiereo ana answer under oath all inter-
rogatories concerning the same; 4; and NAV
make all necessary orders upon proper par
ties to prevent further transfers and changes
in any property and effects which he thinks
belong TO the debtor and should be applied
to the payment of his debts but 20 such
order shall have the effect to alter the title
or possession of any property or effects
claimed or possessed by any third person.
! SEC. 13. Every person presenting and
filing q claim against the estate of the debt
or, and before the same shall be allowed or
| any payments made thereon shall mako and
file the affidavit setting forth that the said
claim is just and lawful, what collateral OF
personal security, if any. tho claimant holds
for tho came, or that he has no security
whatever, and the assignee or any creditor
shall have the right to examine the claimant
under oath touching any such collateral or
other security, or any other matter relating
to said claim, within such time and under
such regulations as shall be prescribed By
tho probate judge.
SEC. II. The probate judge shall have
the right at any time to remove any assignee
tor good cause and to appoint another in
his stoad.and to mako and enforce all orders
necessary to cause the property and effects
! to be delivered to the new trustee, and to
require new undertakings with additional
suroties, and an application made by any
surety or suretes of any assignee, may, II
satisfied Of the reasonableness OF such aP-
plication, discharge such surety or sureties
from further liability, and require that said
trustee shall be removed or give new sure
tics.
SEC. 10. Nothing 10 this act shall be 30
,o,atp,,.,I 20 ms
from execution to be delivered up for pay
mont of debts, or to authorize any properto
belonging to tho wife before marriage, and
not converted to the husbands use, to be
taken in payment of the debts Of her hus-
band.
SEC l6. All assignments in trust to
! trustee or trustees, made in contemplation
| of insolvency, with the intent to prefer one
or more creditors, shall inure to the equal
benefit Of all creditors in proportion to the
amounts of their respective claims. and tho
trusts arising under the came shall be nd
ministered in conformity with the provisions
Of this act.
SEC. II. All transfers, conveyancee or
assignments made with the intent to hinder.
! delay or defraud creditors, shall inure to the
equal benefit of all creditors in proportion
to the amounts of their respective claims,
fer, conveyance or assignment shall have
been declared by court of competent juris-
! dction to have been made with the intent
aforesaid, on the application of any creditor,
shall appoint an assignee according TO the
provisions of this act, who, upon being duly
} qualified. shall proceed by due course Of
law to recover possession of all property so
transferred, conveyed or assigned. and to
administer the same as in other cases Of as
signmeuts TO trustees for the benefit Of fcred-
| itOrs.
| SEC Is. This act shall apply to all as
signments made By any partnership. joins
stock association or body corporate, and as
far as practicable to all trustees OF trusts Tor
! the benefit of creditors heretofore appointed
and all trustees appointed and acting under
! the provisions thereof shall have power, by
! tho direction of the probate judge, to com"
pound and compromise any debt, claim or
| demand on behalf of his nssgnor that in hs
opinion cannot be otherwise recovered or
collected.
SEC. 10. Tho act entitled "nn act Do
cIarinp the effect of assignments to trusteea
in contemplation of insolvency, passed
March I4th, 1858, be and the same is hero'
by repealed.
SEC. 90. The probate judge shall be on
titled to the following fees for services per-
formed under this act; for fitirg copy OF
assignment, schedule and inventory, ten
cents each. and for all other papers, hVa
cents each; for appointing or removing any
assignee, one dollar; for hearing anu decld-
ing applications by an assignee Tor the bene"
fit of this act, two dollars, and for all other
services performed under this act, the same
conversation as is provided by law for liks
services in the settlement OF estates u pet~
soEs deceased.
! SEC. 81. In all cases of assignmentA
made before the passage OF this act, ana
where no final settlement and Distribution
! has been made; the probate Judge or tne
proper county shall have the power, on tho
application of any creditor of the assignor.
to issue n citation against such assignee, res
! nuirinp him to appear before such probate
indae on the day named in such citation, TO
/ show cause why he should not give bail for
! the execution of his trust according 10 tbs
provisions of this act; and such prooa'e
! iujgo on good cause shown may require
! such assignee to give bail according 10 tho
provisions of this act aud III case eueh as
| sipnee shall fail to appear as required BY
, s9ch citation. or shall fail TO give bail with
! in the time ordered by such probate judge
such probate Judge shall remove him ana
appoint another assignee, and after the CIV
! ing bail by auy assignee, as provided IN THIS
! section. the same proceedings shall be had
as provided in this act in case OF assIg1"
men,s after the passage OF this act
SEC. %. This act to take effect from ana
after its passage. oons
Sneaker Of the House of RepresensahVes'
i MARTIN WELKER,
! President Of the Senate.
}, April 8, 1859.
/ mo 2IsI
AN ACT
Relating to a certain proposed Amendment
to the Constitution, and the Publication
! of this Act
! WHEREAS, Tho General Assembly OF tha
! State OF Ohio, throe ffths of the members
elected 10 each House agreeing thereto, have
proposed certain amendment to the Oon.
sttution. providing for annual sessions OF
the Logislature,tO be submitted to the elec~
tors for their approval or rejection AZ the
! election for Senators and Representatives.
on the second Tuesday of October 1863.
! therefore,
SECTION l, Be il enacted by fhe GeHerSt
Assembly Of The State Of Ohio. That the
electors OF the state shall vote upon sa'd