Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1859-06-24

Sec.2 This act shall take effect On tte rasEage "
SpsoEer II ,hs Hssss n Rsprsssaiasiss.
MARTIN wELKER. tet
ApAis 1850. =
[No. 2I1,l An ACT. ~ Hgi
Regulating the Mode Of Administering Askrnusnts H.
Trust for the BENEFIT Of Creditors. ~
Sec /. Bat snecisd BY ths Gsnsral 1sssublp efiAs
sisnmspt trustee, Of any property, money, lights ef
credits in trust for tlt benefit Of orsdtor taha b. e
the assgnmsni 70 him and before disposng q aay pop
e assigned 70 pppsr before the probate judge ~ tbe
county In which the Erapior resided Al the time q fre
cutting the said produce the original alsirn
ment, copy thereof the 70 Be fed 10 ths
probate ceurt and enter Into ~ nnderhog II such
conditioned the faithful performances 81 ihe nsd trua.
tee Of his duties according 20 law.
ten days after his nomination sueh tsus comply vi
the provisions uf the FIRST section Of hlsact Il ahau s.
the duty Of the probate judge application q the
said assignee and appoint another In his stead, who shall
foregoing section and the probate judge shall make and
All nceesy orders 70 put The said trustte s
pointed into possession Of any property money, Sght
said assignment.
See s. Every assignee within thepro1isons II lhls set
sha within Thirty days after entering upon the discharge
Of such trust unless for good shown the pgoa,a
judge shall ALLOW longer time Gle IN the oee Of the
bate Judge an Inventory verified under oath ofe property
money rights and credits Of the said assgnor which sha
his possession knowledge and the properly
and assets comprsed IN Che inventory shah be appraised
by three suitable, dFnerested persona who shall b np
pointed by the probate judge and sworn 10 faithful ds
charge oftheir tnsi and part Of such estate e.
cts be In any other county, any disnterestnd justice of
such county may sppcn the appraisers Of the estate and
effects therein.
Sec Ererv assignee shall Also at The same time when
he files said inventory file schedule verified ender oath o.
all debts aud liabilities Of the assgnof Within hs knoai
edge and shall canse notice TO be given In
general circulation within the county for three
sive weeks of his appointment assignee and requirnR
creditors 70 present their claims. 49,. u
aNIl
the asseH received BY him into aud to el the real
and personal properly assigned either for cash, upcn
such other the probate Judge In his direson may
order public suction, such time and place may be
designated in notice given BY advef ent In news
paper Of general circulation within the county for x
weehs ana Of which ale due return shall be made
to the Judge bat ell sales Of real estate shall be made a.
not less than twohrds the appraised value thereof being
subject TO reapuraisemen upon executions at law and
such sales shah be set aside confirmed the probate
Judge shall order and eondsed deeds shall be made 70
the same for debts dae by the nsrigDSr.
Sec g. The assignee shall within six months after his
appointment and required By the probate
report what claims any, against the assgnsr hsys
presented not included IN the schedule hled and what
claim 10 anv he Il unwilling TO allow; and thereuron,
notisss IN eh sballte ser,d nnor IA ,siu
ants IN Of summons in civil action, By adyor
tsement to nonesdents as aloed by the eote q civil
procedure in other cases; aud such claimants shabe
lqured within thirty days after such notice
action against said assignee in some court Of
iors present their claims within outha after the
publication Of the notice provided for in section four of
TINS ih ~, rso 10 % hi NJ I1c ~ % S;a; ,hn ~
claimants whose claims rejected shall be required to
T.; tbi d. sftsr ths ss1ne shsIi have bee ,srsa h,
birh 4 he recover The Judgment shan he sgsint th.
that ,ov ths a. nc IN ~ n.
;,% ~ ifbart eosts as tIs rot ~ IN tbirS lin -
iSsa however tbat Tie sssignor NAV make anS d.sspre
to such action that the assignee might have made to
|, same cause Of action
Sec 7. The assignee shall also at the time. and
ced nv Including those arising from saes tncether ith
the amount remaining uncolected and the amount there
of which In his opinion may be thereafter collected
Soc II the assjDSs or creditor shall Ale IN me nro
hate court written reputation on the assignee 10 ssor
49, ~ m or eisr,s nyssenfes rhisb ~ bsr not ratss
a ds.iioVed and saiI enter into an undetst;ns i,h
snrey or suretes to Be y the probate Judge
SitIons 40 psy All the costs nd n.
such Claim or claims shall 6s ordered 10 he
"a snd ne came nroceedfus anal he ma a. rso,irS -
anu ,s M ~ the freson ~
SEE The nrobate court shan order lie nsTmsn. q,
al. No. nd liens pnon anv ~ ,s -nrert~ IA
an Inv s ~ ~ ny P,ogery sole
air y. ~ 70 ~ ,,r,ori,v " '- i'N''1a '''-sO'
Scc Io Al tIe exnrston Of eivht fr,y ~. .r
pojntment danaliaeaton Of the assignee and sossr
sn hs acne ith reoard 10 the rrhts and in,rsss f
ali nares and ns omen Afterwards as nav Ne ror
AZ Nv The rToeate Judge dividend snail be ecIssd sl
nsvment Of the claims spd balapee, ~
Claims equally amongst ali the creditors entitled N re
o-nn n tbs of their lsi,1s
ilrSinT tboss ssaIIoved as 10 beb he risju,sSs -
bcgnn nroreeing to sabsb te same A r.opirad h; ~
s,t 81 III "et. N he ~ ~ ~ Ill;
and oftbs time and pIaee Of nnyment thereof notice s
- ;sa ~ ortisaaroont a. 4 nev.nsner "a a., ..h
other Tay as the probSs Judge may direct Of the
snt ~ bich diYiaends and those re,navis, u,
an5 nnal ~ tst ffnn ,pnorf All ~ nnods fh .it :
dsys M the dsy Fixed 5sr ths rsypent of tls
1s nrnbs, ae nan tbe1 eapse a new na.ice 10 ~ ~
on ~ the nprs Of tbe unnad dvidends Nv nuhicatin,
and such other mode as he shall direct. ard n the eae
arc MOI demanded within twelve months thereafter -
iams snail he divided nro rata nmon the other critoy
nntil thew are Maid IN Fu and me TeuaindeT n anT h
tbe sssor or his legal representAtivea The diydends
rearvad Tor claims where the nrocpedine. ~
enforce their allowance have been couaenced sha Il
held until said proceedings have terminated when they