The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1859-08-25

has not surrendered al the property and
effects embraced in the assignment; on
that he has property and effects which
be concoals and refuses to apply to the
payment Of his debts; or that he has
conveyed or assigned any property or
effects, for The purpose Of hindering, de-
laying or defrauding his creditors, on
that he is about to do so; or that he has
converted any property and effects into
moneys and credits for the purpose Of
putting them beyond the reach Of his
creditors, or the jurisdiction Of the
courts Of thecouuty, or is about so 90 do,
tho probate judge shall cause him
to appear In open court or before % ref
cree, and answer under oath all in
terrogat0ries concerning the same; and
may make all necessary orders upon
proper parties TO prevent further trans
fers and changes in any property and
effects which be thinks belong TO the
debtor and should be applied to the
| payment Of his debts; but no such or
! der shall have the effect to alter the Ii
tie or possession Of any property or ef-
tects claimed or possessed by any third
person.
Section 10. Every person present
/ ing aud filing q claim against the estate
Of the debtor, and before the same shall
be allowed or any payments made there
on, shall make and fle an affidavit set
| ting forth that the said claim is Just and
lawful, what collateral or personal secu-
/ Irity, if any, the claimant holds for the
] d D.. a
ever, aud 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
security or any other matter relating to
said claim, within such time and under
such regulations as shall be prescribed
| by the probate judge.
Section IT, The probate Judge shall
have the right at any time to remove
any assignee for good cause and to APP
point another ia his stead, 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
undertaking with additional sureties,
and on application made by any surety
or suretes Of any assignee, may, if sat
/ istgd Of the reasonableness Of such ap-
/ piication, discharge such surety or sur
eties from further liability, and require
that said trustee shall be removed or
give new surcics.
Section IS. Nothing in this act shall
/ be so construed as to require any prop
erty exempt from execution to be deliv-
cred up for payment Of debts, or to au-
thorizo any property belonging to the
wife before marriage, and not converted
to the husbands use, to be taken in pay.
ment Of the debts of her husband.
Section 1G. An assignments in trust
/ TO trustee or trustees, made in con-
temptation Of insolvency, with the in
tent 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 the trusts
arising under the same shall be admin
istered in conformity with the proyis-
ions Of this act.
Section II. All transfers, conveyan-
/ ces 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, and the pro-
bate judge, after any such transfer,
/ conveyance or assignment shall have
/ been declared by a court Of competent
/ jurisdiction 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 transferr-
/ ed, conveyed or assigned, and TO admin
/ lister the same as in other cases of as
signments TO trustees for the benefit Of
/ creditors.
/ Section IS. This act shall apply to
| all assignments made by any partner
ship, Joint stock association or body
corporate, and as far as practicable to
all trustees or trusts for the benefit Of
creditors heretofore appointed, and all
| trustees appointed and acting under the
provisions thereof shall have power, by
/ the direction of the probate Judge, to
compound and compromise any debt,
claim or demand on behalf Of his as
siguor that in his opinion cannot bo
.Othcrwiso recovered or collected.
Section 49, The act entitled can act
declaring the effect Of assignments to
trustees in contemplation of insolven-
! cy," passed March 14th, 1853, be and
the same is hereby repealed.
Section 20 The probate Judge shall
be entitled to the following fees for SER
vices performed under this aci for dl-
ling copy Of assignment schedule and
| Inventory, ten cents each, and for all
othcr papers, five cents each; for ap-
pointing or removing any assignee, one
/ dollar for hearing and deciding appli-
cations by anassigneo for the benefit Of
this act, two dollars, and for all other
services performed under this act, the
same compensation as is provided by
law for like services 10 the settlement
of estates of persons deceased
Section 21 Tn an cases Of assign
ments made before The passage of this
act, and where no Gnal settlement and
distribution has been made, tho probate
Judge of the proper county shall have
| the power On the application of any
creditor Of the assignor, % issue q cita.
lion against svrh assignee, requiring
him 10 appear before such probate judge
on the day named iu such citation to