The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-07-06


given by advertisement in newspaper, and in
such other way as the probate Judge may direct;
of the payment Of which dividends and those
remaining uncalled for and unpaid at that time,
report shall be made within sixty days after
the day fixed for the payment of the same.
The probate judge shall then cause new notice
to be given to the owners of the unpaid divi-
dends, by publication and such other mode as
he shall direct and if the same are not demand
ed within twelve months thereafter, the same
shall be divided pro rata among the other cret-
itors until they are paid in FULL and the re-
mainder, if any, to the assignor or his legal
representatives. The dividends reserved for
claims disallowed where the proceedings to en-
force their allowance have been commenced,
shall be held until said proceedings have termi-
mated, when they shall be paid; if the allowance
| of the claim has been ordered, upon the same;
otherwise, they shall be distributed pro rata
amongst other creditors not paid in full, or re-
funded to the assignor, as the case may re-
quire.
Sec. IL. Before any dividend is declared,
the costs and expenses of administering the
trusts of the said assignment, including rea-
sonable compensation to the said assignee, and
his counsel fees and other expenses, as may be
allowed by the probate judge, shall be paid out
| of the trust fund.
Sec. r. In case the assignee or any creditor
have reason to believe, and make afidavitthere-
of, that the assignOr has not surrendered all the
property and effects embraced in the assign
ment; that he has property or effects which
he conceals and refuses to apply to the payment
of his debts or that he has conveyed or assign
ed any property or effects for the purpose of
hindering, delaying or defrauding his creditors,
or that he is about to do so; that he has con-
verted any property and effects into moneys
and credits for the purpose Of putting them be-
yond the reach of his creditors, or the jurisdic-
ton of the courts of the county, or is about so
to do, the probate judge shall cause him to ap-
pear in open court or before referee and an
the same; and may make all necessary orders
upon proper parties to prevent further trans
fers and changes in any property and effects
which he thinks belong to the debtor, and should
be applied to the payment of his debts; but ne
such order shall have the effect to alter the title
or possession of any property or effects claimed
or possessed by any third person.
Sec. 13. Every person presenting and filing
q claim against the estate of the debtor, and
before the same shall be allowed or any pay
ments made tn ereon, shall make and file an affi-
, davit setting forth that the said claim is just
and lawful, what collateral personal security,
if any, the claimant holds for the same, or that
he has no security whatever, and the assignee
or any creditor shall have the right to examine
the claimant under oath touching any such col
! lateral other security, or any other matter
relating to said claim, within such time and
under such regulations as shall be prescribed
, by the probate judge.
Sec. IA. The probate judge shall have the
right at any time to remove any assignee fol
y good cause and to appoint another in his stead
and to make and enforce all orders necessary
to cause the property and effects to be delivered
to the new trustee, and to require a new under
taking with additional sureties, and an appli
Y cation made by any surety or sureties of any
o assignee, may if satisfied of the reasonable
: ness of such application, discharge such suret.
or sureties from further liability; and requi,
that said trustee shall be removed or give Rey
sureties.
. Sec. Is. Nothing in this act shall be.so con
r strucd as to require any property exempt fron
execution to be delivered up for payment Q
@ debts, or to authorize any property belonging
e to the wife before marriage, and not conyerte
d to the husbands use to be taken in payment Q
n the debts of her husband.
J.. Sec. 16. All assignments in trust to a trus
v tee or trustees, made in contemplation OF inso
il vency, with the intent to prefer one or NOR
n creditors, shall inure to the equal benefit of a.
v creditors in proportion to the amount of thei
- respective claims and the trusts arising unde
v the same shall be administered in conformit
Il with the provisions of this act.
Sec.. II. All transfers, conveyances q,
70 sgnments made with the intent to hinder, d.
e lay or defraud creditors shall inure to the equ,
,fI benefit of all creditors in proportion to ii
II amounts of their respective claims and Il
Of probate judge, after any such transfer, conye!
20 anc, or assignment shall have been declared b
20 a court of competent jurisdiction to have bee
8. made with the intent aforesaid, on the appl
to cation Of any creditor shall appoint assign'
" according to the provisions of this act VIII
s. upon being duly qualified, shall proceed by d,
"a course of law to recover possession of all pro-
r. erty so transferred, conveyed or assigned or
~ to administer the same as in other cases of q
nt signments to trustees for the benefit of cre
in tors. tn.' -rFt
III Sec 1s. This act shall apply to all assigl
ut ments made by any partnership, joint stock a
OF sociation or body corporate, and as far as pra
ticabe to all trustees of trusts for the benefit
IN creditors heretofore appointed, and all trustee
ct appointed and acting under the provision
III thereof shall have power, by the direction
to the probate judge, to compound and comprom
III any debt, claim or demand on behalf of his a
II. signor that in his opinion cannot be otherwi
hs recovered or collected.
ed Sec. 10. The act entitled can act declarir
~ the effect of assignments to trustees in conten
OF plation of insolvency" passed March 18th, 185
IL be and the same is hereby repealed.
=, Sec 20. Tho probate Judge shall be entitlt
- to the following fees for services performed III
. der this act; for filing copy of assignment, sche
- ule and inventory, ten cents each, and for a
- - other papers, FIVE cents each; for appointing
- removing any assignee, one doliar 1or hearln
:. - and deciding applications by an assignee Fl
,e the benefit of this act, two dollars. and for q
iu =, other services performed under this act, Il
~ ~ same compensation as is provided by law fl
81 like services in the settlement Of estates Of pc
=, = sons deceased.
is Sec 81 In all cases Of assignments MAJ
ts before the passage of this act, and where
to final settlement and distribution has been mad
ii the probate judge of the proper county sha
N have the power, on the application of any ere
he itor of the assignor, to issue citation again
he ssch assignee, requiring him to appear befo
tn such probate judge on the day named in SUI
(: citation, to show cause why he should not gil
xe bail for the execution Of his trust accordiI
ee to the provisions of this act and such proba
at Judge on good cause shown may require SUI
Sc assignee to give bail according to the provision
of this act; and in case such assignee shall ia
to appear as required by such citation, or sha
.e fail to give bail within the time ordered by
u u probate judge, such probate judge shall reno
~ him and appoint another assignee, and after Il
ne giving bail by any assignee, as provided in tn
NJ section, the same proceedings shall be had
er provided in this act in case of assignments o
ter the passage of this act.