The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-07-01
MARTIN WELKER,
President Of the Senate.
nj r ,nrN
April S. 1859.

(No. PLY AN ACT
RcguMling-tho Mode of Administering
Assignments in Trust for tho Benefit
of Creditors.
Section l. Be tie nactei byM Gen-
erdt assembly Of the State Of Ohio, That
WHOM amy person shall make an assign.
mont to II trustee of anyproperty, mon
ey, rights or credits, trust for the bene-
fit of creditors, it Shall be tho duty of
trustee, within ton days after the doliv-
cry Of tho assignment to him, and be-
fore disposing Of any property, SO as.
signod, to appear before tho probate
Judge Of the county in which tho gran
tor resided attho time Of cxecdting tho
said assignment produce tho original
assignment, or u copy thereof cause
tho sameto,b be filed in the probate court,
and cntor into an undertaking in such
sum, with such suretus as shall DO ap~
proved bystho said judge, conditioned
for tho faithful performances by tho said
trustee Of his duties according to law.
Sec 2, If any assignee MS aforesaid
shall not, withinten days after his nom
ination 10 such trust, comply with. the
provisions Of tho first section of this
act, it shall be the duty of the probate
judge, OH application of the assignor
or any one or moro of his creditors, to
remove the said assignee and appoint
another in his stead, who shall there
upon immediatcy y comply with the pro-
visions OF tho foregoing section; and
tho probate judge shall MAKO and on
force all necessary orders to put the
said trustee SO appointed, into possess
ion of any property, money, rights, or
credits belonging to the assignor at
the timo ho made said assignment. i
Sec. 3. Every assignee within tho
provisions Of this act shall, withinthir-
ty days after entering upon the dis
charge of such trust, unless for good
cause shownstho probate shall allow
longer time, file in tho Office Of the pro-
bate judge an inventory verified unaer
oath of tho property, money, rights
and credits Of the said assignor which
shall have come to his possession or
knowledge, and the property and ass
OTIS comprised in the inventory shall bo
appraised by three suitable, disibtores,
tod persons, who shall be appointed by
the probate .judg anl worn to 4 faith.
full discharge of their trust, andif any
part of such estate rcffocts bo in any
tother county. any disintcrstel Justice Of
such county may appoint tho apprais-
ers ofTtho estates and effects therein.
Sec. 4. Every assignee shall also, at
the same time when he lilies SAID invdn
tory file schedule verified under oath
of all debts and liabilities of tho assigns
or, within his knowledge. and shall
cause notice 10 be given in some news
paper of general circulation within the
county, for throe successive weeks OF
his appointment as assignee, and re-
quiriDg creditors to present their
ciaims. 'e
! Sec. 5. The assignee shall proceed
at once to convert oil the assets receiv-
cd by him into money, and 10 sell the
real and personal property assigned,
for cash, or upon such other terms as
the probate Judge in his discretion may
order, at the public auction. at such
time and place as may be designated in
notice given by advertisement in some
newspaper Of general circulation with>
in tho county, forsix successive weeks,
and of which sale due return shall be
made to the judge, but all salos of real
estate shall be made at not less than
two thirds the appraised value thereof,
being subject to re-appraisemont as up
ON executions at law, and such sales
shall be set aside or confirmed as the
probate judge shall oider. and if cons
firmed, deeds shall be made to tho pur.
chasers, conveying the title FREQ from
all lines OH the samo for debts due the
assignor.
Sec. 6. The assignee shall within
six months after his appointment and
sooner if required by the probate Judge,
report what claims, if any, against tho
assignor have been presented not in
cludod in the schedule filod, and what
claim, if any, ho is unwilling to allow,
and theroupon, notices of such disol-
lowance shall bo served upon the claim
ants, as in case Of a summons in q civil
action, Or by advertisement as to non.
residents, as allowed by the code of
civil procedure in other cases; and
such claimants shall bo required with
in thirty days after such notice, to com
mence an action against said assignor
in some court ofcompetcnt Jurisdiction
within the county, to enforce the claim,
creditors shall present their claims
within six months after the publication
of the notice provided for in section
four Of this act, to the assignee for al
lowance and the assignee shall endorse
his allowance or rejection thereon, and
claimant whose claims arc rejected