Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-05-12

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sigeoe, aud f6outr % O. can tc done Wilh REGARD
20 ihe rights and Interests OF on parllos, ana ns
ofleu afterwards a. may bc 9ccmci proper by tho
probate Judge, dividend ahhll be declared paya
hlo ont a the aefcis os The nHs gn0fs apprAhle 10
ihe payment otthe non.pfeiofred clhln1 and bal.
ances " cnims equeliy nmoneft ril the creditors
ontit0d in proportion to the amounts Of their res
pectfc claiua thcreun, Including those dlsailowcd
o. TO which the rlamanthas begun proceedings to
establish tho came, as required BY tho sixth sec.
tion Of This act, of Qo makingof which dividend,
and Of tho time and place Of pay ment thereof, no
tce hhall be rivon ~ Advertisement Ia a newgpl
por, and m such other way ns the probate Judge
may directs Of the payment of which diyilouds
and those remaining uncalcd for and unpaid AZ
that time, report hall be mtdo within sixiy days
alter the day llScd for thc payment of the same.
The probate Judge shall then cause o new notice
10 be given to tho owners Of the unpaid dividends,
BY publication and such other mode os he shall
direct, aud II The same nre not demanded within
Twelve months thereafter, tho same shall be- div,
dcd pro rata among tho other creditors until they
are paid IN fall, aud che remainder, if any, 10 the
assienor or his legal representatives,. The divi.
donds reserved for claims disnowed, where the
proceedings to enforce their allowance have been
have Terminated, whom thoy shall be phid, " tho
allowance OF the claim has beon ordered, upon the
saino5 Otherwise ,hoy shall he Distributed pro rata
amongst other creditors not paid Ia full, or rcfun-
dcd TO the assiguur, as the cafo may rcQuite
Sec. II. Before any dividend "a declared, the
costs and oxpcnses Of administering tho trusts of
the said assignment including Reasonable COM
! peusatlon 90 the said assignee, and his counsel
fees and other eApeuso', ns may be allowed BY
tho probate judge, shall be Paid out Of The trust
fund.
See. 70. In Gaze The assignee or sny creditor
have reuson 20 believe, aud mako flidayit thoro.
Of, that the assignor has not surrendered all the
property and effects embrnced in the assignment,
or that he has property or effects which no cOnoeas
I and roiusee to apply 10 tho payment OF his dobts;
| OF tha, he has conveyed or assigned any property
or elects for tho purpose % hinderng delaying or
deirauding his creditors, that he Is about to do
soj or that he has oonverted any property and Of
fuots into moneys and credits for the purpose of
putting them beyond the reach or his creditors or
the jurisdiction Of the courts Of tse county or l.
abont 20 to do, the probate Judge shall cause him
to appear In open court or before referee and
answer under oath all interrogatories concerning
the snmei and may make all necessary orders upon
| proper parties TO prevent further Transfers and
ohangos IN any property und effects which ho
thinks belongs % the debtor aud should be applied
to tho payment Of his debts; hut no such order
shall lave the effect TO altor the title possussion
Of any property ELECTS claimed or possessed by
any third person.
See. 10. Every person Pre- lenling and filing
oain against The estate OF debtor, and before tho
same shall be allowed or any payments made
thereon, shall make and ilc an anidavit setting
forth that the said claim L. just and lawful what
collateral or personal socurity, IL any, the claim
ant holds for the IAN, II that he has no security
whatever, and the a.. snee 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 rs shall be
prescribed blythe probate judge
Sec. H. Tho probate judge shall have the
right at any time to remove any assignee for good
cause and to appoint another in his stead, and to
make ani enforce all orders necessary 10 cause
the property and olocta TO he delivered 10 tho new
trustee, ind to require now undertaking. with ad
ditonal 6uroios and an application made by my
surety or sureies OF any assignee, may, f satisfied
of the reas0naylcncsa of such application, dis
charge such surety or surotios from further
liability, md require that said trustee shall be
removed or Biyo now suretios.
Sec. 10 Nothing IN this act shall be go con
strued as TO require any property exempt FROM
execution 10 be delivered up for payment Of debts
or to authorize any property belonging to the wife
before marriage, and not converted TO the hus
band use to be taken in payment Of tho debts Of
her husband
Sec. lO, All assignmcnts In trust to a trustee
or trustees, made in contemplation Of insolvency,
| with tho intent TO prefer ono or more creditors,
shall inure TO tho equal bonoit Of all creditors in
/ proportion TO the amounts Of their respective
claims, and the trusts arising under tho same shall
be administered la conformity with the provs-
| ions Of this act.
Sec. II. All transfers. or conveynnoos, or as.
signments made with the intent 10 hinder delay
or detraud creditors, shall inure to the equal beno-
iit Of all creditors in proportion to the amount Of
thoir respective claims and tho probate Judge, hf-
| tor any such transfer conveyance or asst signment
shall have been declared by any court Of compe-
/ tent jurisdiction to have been made with the in
tent aforesaid, on the application OF any creditor
shall appoint an ussigugo according to the provis
| ions Of this act who, upon being duly qualified,
shall proceed by due course Of law 10 recover pos
scssion of all property so transferred, conveyed or
assigned, and TO administer the sano as in other
Gases of assignments 10 trustees for tho benefit OF
creditors.
sec. l9. This aot shall apply to all assignments
made by any partnership, joint stock association
or body corporate, aud as lar as practicable to all
trustees of trusts for the benefit OF creditors hero
tofore appointed, and all trustees appointed and
acting under The provisions thereof shall have
! power, by the direction Of tho probate judge TO
compound and eomproniGe any debt claim or do
mand on behalf Of his asslgnor TINT In his opinion
! cannot bo otherwise recovered or collected.
| Soc 10. The act entitled "an not declaring the
effect Of assignments to trustees in contemplation
| OF iaselyeney," passed. March ith, 1883, be aud
tho same Is hereby repealed.
| Sec. 20. Tho probate judge shall 10 entitled
to tho following fees for services performed undor
| this act for filing copy Of assignment, schedule
and Inventory, ten cents each, and for all other
papers five cents eaohj for appointing removing
any assignee, dollar, for hearing and deciding
applications by an assignee for tho bcusht OF this
act two dollars and for all other services performs
ed under this act, tho 107Ti5 ds'sSS777- is
! provided by law for like services in the settlement
Of estates Of pergeus deceased
| Sec. 81. In all cases Of Eslignmunts made be
fore the passage Of this act ana whore no final
settlement md distribution has been nRio, tho
probate Judge of the proper county shall have the
power ON the application ofnny creditor OF the as
| sgnor to Issue citation against such assignee,
requiring m to appear before such probate udge
| ON the day named in such citation to show oauso
why he should not give bail for the execution Of
his trust according to the provisions Of this nctj
| and suoh probate judge on good cause shown may
require such assignee to give bail according TO the
| provisions of this act; and In suoh assignee
shall fail 10 appear required 10y such citation,
| or shall fail to give bail within the time ordered
by such probate Judge, such probate judge shall
remove bin and appoint another ass' gneo, mud Of
ter tho giving bail by any nssiguco provided In
this section, the same proceedings shall be had ~
provided In this act in case OF Assignments after
tho passage Of this act.
Sec 22 This aot shalt take choot from and aiter
its passnge.
WILLIAM d. &oODS,
Speaker OF tho House Of Representatives.
MARTIN WELKER,
President OF the Senate.
April 8, 1859.