American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-06-02

pointment as assignee, and requiring creditors
70 present their claims.
8 Sec. 8. The assignee shall procede at once
TO convert all the assets received by him into
money, and 10 sellthe real and personal nrop
erty assigned, either for cash, or upon such
other terms as thelprobaie judge in his discre-
tion may order, n dbllc suction, a. such lime
and place as may be designated in notice Civ
en- by advertisement in some newspaper Of
general ciTculation within the county, for six
successive weeks, and Of which sale due re-
turn shah be made TO the judge. but all sales
Of real estate shall be made at not less than
two-tbiIds the appraised value thereof, being
subjects re -eppraisement as upon executions
al law, and such sales shall be set aside or
confirmed as the probate Judge shall order,
and il confirmed, deeds shall be made to the
purchasers, conveying the title free from all
linesont the same for de BITS due by the assignOr
! Sec. 8. The assignee isball within six
months after bis appointment and sooner if
required by the probate judge, report what
claims, If any, against the assignoT have been
presented, not included in the schedule flied,
and what claim, If any; he is unwilling TO al
low; and theTeupon, notices Of such dissllow-
auce shall be served upon the claimants, as in
case OF summons in civil action. or by ad-
vertsment as TO non residents, as allowed by
the code Of civil procedure in other cases; and
/
days after such notice, TO commence an action
against said assignee, in some court Of comps-
tent jurisdiction within the county. 10 enforce
The claim, creditors shall present their claims
within SIX months after the publication oe the
notice provided for in section four Of this act,
to the assignee for allowance and the assignee
shall endorse his allowance or rejection there
on, and claimants whose claims are rejected
shall be required TO bring suit against the as
signee to enforce such claims within thirty
days after the same shall have been rejected, in
which IL he recover the judgment shall be a.
gsinst the assignor, that be allow the same in
in settlement Of his trusts, with or without
costs as the court shall think night; provided,
however, that the assignor may make any de-
fence TO such action that the assignee might
have made TO 0 suit instituted against him be-
fore the assignment for the same cause OF ac-
ton.
Sec. I. The assignee shall also al the same
time, and as often afterwards rs may be re-
quiTed, report the sums collected by including
those arising from sales, together with the a
mount remaining nncollected, and the amount
thereof which in his opinion may be thereafter
collected.
Ser 8. II the assignee or creditor shall
file in the probate court a written Tequisition
on the assignee to disallow any clam or claims
presented, which he has not reported as dis
allowed, and shall enter into an undertaking
with surety or sureties to be approved by th'
probate judge, conditioned to pay all the cost
and expenses OF contesting the same, sucl
claim or claimes shall be ordered TO be dlssl
\ lowed, and the same proceedings shall be hat
as required in other cases Of disaliowance b.
the foregoing section. .-.
Sec. 9. The probate court shall order Nh,
payment OF all membranes and lines upoI
lonO nC he Ft,te col Ytrbto ,tnl nr.ltf
collected out Of the proceeds thereof, accord
ing TO priority. .,i
. Sec. 10. At the expiration Of eight month
from the appointment and qualification Of tn
assignee, and sooner lift can be done with re
gard 10 the rights and interests OF all parties
and as often afterwards as may be deemed prop
per by the probate judge, dividend shall b
declared payable out of The assets of the as
signors, applicable to payment OF non prefer
red claims and balances OF claims equally a
j. mongst all the crsditois entitled in proporio
/ 10 the amounts Of their respective claims there
n on. including those dissllowed as 10 which th
lclaimant has began proceedings to estsblis
the same, as required in the sixth section G
s thi, acts of the making Of which dividend, nn
Of the time and place ofpayment thereof, nc
.e lice shall be given by advertiser ent in new
!, paper, and in such other way as the probsi
q, Judge may direct; of the payment OF which di'
~ dends and those remaing uncalled for and uI
eT paid at the time, report shall be made With
4 sixty days after the day fixed for the paynel
Of the same, The probate judge shall the
Us cause new notice to be given TO the owns
Of the unpaid dividends, by publication an
such other mode as he shall direct; aud IL th
same are not demanded within twelve month
thereafter, the same shall be divided pro raj
among the other cTeditorsunti they are paid
full, and the remainder, II any, to the assignt
CT his legal representatives. The dividend
reserved for claims disallowed, where the Pre-
s. ceedings TO enforce their allowance have bee
d. commenced, shall be held until said proceed
ings have terminated, when they shall be ppit
s. ifthe allowance Of the claim has been orderet
ny upon the same; otherwise, they shall be di
e, tnbuted pro rata amongst other creditors N
in paid in full, or refunded TO the assignor,
he the case may require.
er Sec. II. Before any dividend is declare
e. the costs and expenses OF administering Il
10 trusts Of the said assignment, including rea
ny onahle compensation TO the assignee. and b
x counsel fees and other expenses, as may be Q
9 lowed by the probate judge, shall be paid o
he Of the trust fund.
er Sec. IL. In case the assignee OF any ere
ch itor have reason TO believe. and make aflida'
,e, thereof, that the assienor has not surrender
by oil the property or effects embraced in the a
W. signment; OF that he has property or effeC
all which he conceals AMI refuses to apply to Z
TO payment ofhis debts; or that he has convey
he or assigned any property or effects for the pu
OF pose OF hindering, delaying or defrauding
Is creditors, OF that he Is about to do so; or tn
to he has converted any property and effects in
ler moneys and credits for the purpose OF putti
ely them beyond the reach of'his creditors, or t
ng jurisdiction of The courts Of the county, or
nd about SO to do, the probate judge shall eau
aid him TO appear in open court or before a refer
ny and ans wer under oath all interrogatoIieS co
ng cerning the same; and may make all necesss
rs orders upon proper parties to prevent furtf
transfers and changes in any property and {
is fects which he thinks belong TO the debtor a
ter should be applied to the payment Of his deb
IN but no such order shall have the effect TO ali
lge the title or possessions OF any property or
OF fects claimed or possessedby any third perso
ler Sec. 10. Every person presenting and
lIts ing claim against the estate of the debit
to and before the same shall be allowed or o
Tty lDaymentss made thereon, shall make and {
be The affidavit setting forth that the said ella
eI is lust and lawful, what collateral OF peTsoT
ate secutityyifany, the claimant holds fvrthe san
eit or that he has no security whatever, and :
cts assignee or any creditor shall have the right
US examine the claimant under oath touching a
u.s. such collateral orotheT security, OF any oil
matter relating TO said claim, within such til
the and under such regulations as shall be pl
e a seribed by the probate judge.
IL Sec. IA. The probate judge shall have
ge, right at any time TO remove any assignee
me good cause and TO appoint another in his stei
the and to make and enforce all orders necess'