Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1859-07-21

has no security whatever, and the assignee oi
any creditor shall have the right to examine
clanine the claimant under oath touching any
such eollateral or other security, or any other
ma.r relating to said claim. within such time
and under such regulations as shall be preserib-
ed by the probate judge.
Sec IA The probate judge shall have the
right at any time to remove any assignee ior
good cause and to appoint another In his stead,
and 10 make and enforce all orders necessary to
canse the property and effects to be delivered to
the new trustee. and TO require new undertake
ings with additional snreties, and an application
made by any surety or sureties of any assignee.
may. if satisfied of the reasonableness of such
application, discharge such surety or stireties
from further liability, and require that said trus-
tee shall be removed or give new sureties.
Sec. Is. Nothing in this act shll be so con-
strued as to require any property exempt fron
execution to be delivered up for payment of
debts, or TO authorize any property belonging
| to the wife before marriage. and not converted
to the husbands use. 10 be taken in payment of
the debts of her husband.
See. is. All assignments in trustees, made
in contemplation Of insolvency. with the intent
to prefer more creditors, shall innre 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 administered in
Sec. II. All transfers, conveyances or as
signments made with the intent to hinder. delay
or defraud creditors. shall inure the equal bene-
fit of all creditors in proportion TO the amounts
of their respective CLAIMS, and the probate judge.
after aRy such transfer. conveyance or assign
ment shall have been declared by court of
competent Jurisdiction to have been made with
the intent aforesaid. on the application of any
creditor, shall appoint an assignee according to
II L..
fed, shall proceed by due course oflaw TO recor-
er possession of all property transferred, con-
veyed or assigned, and to administer the same
as in other cases OF assignments to trustees for
the benefit Of creditors.
Sec. Is. This act shall apply to all assign
ments made by any partnership, JOINT stock as
sociation or body corporate and far practical
BILE to all trustees of trust for the benefit of cred
itors heretofore appoint, and all trustees appoint
ed and acting under tho provisions thereof shall
have power, by the directions of the probate
Judge, to compound and compromise any debt,
claim or demand on behalf of his assignor that
in his opinion canaot be otherwise recovered or
collected.
Sec 49, The act entitled "an act declaring
the effect of assignment to trustees in eontem-
plation ef Insolvency passed March l4ih, 1853,
be and the same is hereby repealed.
Sec. 90 The probate judge shall he entitled
TO the following fees for services performed un
der this act; for filing copp ofassignment, sehed
ule and inventory, ten cents each, and for all
other papers, five cents each; fer appointing or
removing any assignee, one dollar; for hearing
and deciding applications dy an assignee for the
benefit ofthis act, two dollars, and for all other
services performed under this act, the same COM
pensaiion as is provided by law for like servi-
ees in the settlement of estates of persons de-
ceased.
Sec. 81. In all cases of assignments made
before the passage of this act, and where no f.
nal settlement and distribution has been made;
the probate judge Of the proper county shall
have the power, on the application of any credi
tor ofthe assignor, TO issue a citation against
such assignee, require him 10 appear before
such probatd judge on the day named in such
citation, to show cause why he should not give
bail for the execution of his trust according to
the provisions of this act; and such probate
Judge on shown may require such assignee to
give bail according 70 the provisions of this act;
and in case such assignee shall fail 10 appear as
required by such citation, or shall fail TO give
bail within the time ordered by such probate
Judge, such probate judge shall remove him and
appoint another assignee, and after the giving
bail by any assignee, as provided in this section,
the same proceedings shall be had as provided
in this act in case of assignments afler the pas
snge of this act.
Sec 22 This act shall take effect from and
after its passage.
WILLIAM B. WOODS,
Speaker of House of Representatives.
MARTIN WELKER,
President of the Senate.
April 6, 1859.