The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-06-01

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shall be set aside or confirmed as the
probate Judge shall order and If con
hrmed, deeds shall be made to the pur.
chasers conveying the title free from all
lines on the same for debts due by the
assignor.
Sec. 6. The assignee shall within
ak months after his appointment, and
sooner if required by the probate Judge,
report what claims, if, any, against the
assignor have been presented, not inclu-
ded in the schedule fled, and what CLAN
il any, he is unwilling TO allow; and there
upon notices ofsuch disallowance shall be
served upon the claimants, as in Ease OF
a summons in a civial action, or BY ad.
vertisements onon-residents, as allow,
ed by the code of civil procedure IN
other cases; and such claimants shall he
required within thirty days after such
notice, to commence an action against
said assignee, in some court of compe-
tent jurisdiction within the county, to
enforce the claim creditors shall present
theta claims within six month after
the publication of the notice provi.
ded for in section four of this act, to the
assignee for the allowance and the AZ.
signee shall endorse his allowance
or rejection thereon, and claimants
whose claims are rejected shall be re-
CURED to bring suit against the assig.
nee to enforce such CLAIMS within thirty
days after the same shall have been re.
jected, in which ifhe recover, the Judge.
mcnt shall be against the assignor, that
he allow the same in settlement of his
trusts, with Or without costs as the
court shall think right: provided, how
ever, . that the assignor may make
am d3f1l3, to su;h action that
the assignee might have made to a suit
instituted against him before the as
Segment for the same cause of action.
Sec. I. The assignee shall also at the
same time, and rs often afterwards as
may be required, report the Sums col
lected by including those arising from
sales, to gether with the mount remain.
ing uncollected, and the amount thereof
which in his opinion may be thereafter
collected.
Sec. 8. If the assignee or creditor
shall file in the probate court a written
requisition on the assignee to disallow
any claim or claims presented, which be
has not reported as disallowed, and shall
enter into an undertaking with surety or
sureties to 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 proceedings
shall be had as requied in other cases of
dlsalowancc by the foregoing section.
Sec. 8. The probate court shall order
the repayment Northumberland and liens
upon and of the property sold, rights
and credits collected out ofthe proceeds
thereof, according to. priority.
Sec. 10. At the expiration of eight
months from Il e appointmei It and quail
tication of the assignee, and sooner if it
can be done with regard to the rights
and interests of all parties, and as often
afterwards as may be deemed property
the probate Judge, Il dividend shall be
declared payable out Of the assets of the
assignors, applicable to the payment of
non-preterred claims and balances of
equally amongst all the creditors
entitled in proportion to the amounts of
their respective claims thereon, inclu-
those disallowed as to which the
claimant has begun proceedings to es-
the same,as required in the sixth
section ofthis act; Of the making ofwhich
dividend, and Of the time and place of
payment thereof, notice shall be given
by advertisement in a newspaper, and in
such other way as the probate judge
may direct; ofthe payment of which div
and those remaining uncalled for
and unpaid at that time, report shall be
made within sixty days after the day
for the payment of the sarne.--
The probate Judge shall then cause q
new notice to be given to the owners of
unpaid dividends, by publication and
such other mode as he shall direct; and
the same are not demanded within
twelve months thereafter, the same shall
be divided pro-rata among the other
creditors until they are paid in full, and
remainder, If any, to the assignor or
legal representatives. The dividends
reserved for claims disallowaned, where
The proceedings to enforce their allow
ince have been commenced, shall be
neld until said proceedings have termin-
ated, when they shall be paid, if the al
owance Of the claim has been ordered,
lpon the same; otherwise, they chall be
distributed p~ro-rata amongst other cred
tors not paid in full, or refunded to the
lSslgnor, as the case may require.
Sec. II. Before any dividend is decla-
the costs and expenses of admins.
ering the trusts of said assignment,
ncluding a reasonable compensation to
ne said assignee, and his counsel fees
nd other expenses, as may be allowed
the probate Judge, shall be paid out
fthe trust fund.
Sec. IL. In case the assignee or any
have reason to believe, and make
fidavit thereof, that the assignor has
OF surrendered all the property and eff
scts embraced in the assignment; or
hat ne has property or effects which he
onceals and refuses to apply to the pay
lent ofhis debts; or that he has convey.
q or assigned any property or effects
the purpose of hindering, delaying
r defrauding his creditors, or that he
about to do so, or that he has CONVEX
any property and effects into mon
Us and credits for the purpose of put
ng them beyond the reach of his credi-
'rs, or the Jurisdiction of the courts of
he county, or is about so to do the pro-
ate Judge shall cause him to appear in /,
pen court or before a referee and an !,
yer under oath all intorogatories con-
'neerning the same; and may make all I
ecessary orders upon proper parties I
prevent further transfers and changes
any property and effects which he
belong to the debtor and should