The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-06-01

other In his stead, and to make and en-.
orce all orders necessary TO cause the
property and effects to be delivered to
the new trustee, and TO require new un-
dertakings with additional sureties. and
an application made by any surety or
sureties Of any assignee, may ii satisfied
ofthe reasonableness Of such ~applica-
ton, discharge such surety or ~sureties
from further liability and require that
said trustees shall be removed OF give
new sureties.
Sec. rs. Nothing in this set shall be
so construed ss to require any property
exempt from execution to be delivered
up for payment of debts, or to authorize
any property belonging to the wife be-
fore marriage, and not converted 10 the
husbands use, to be taken in payment
of the debts, other husband.
Sec. l6. All assignments in trust to a
trustee or trustees, made in contem-
plation of insolvency, with the intent to
prefer one or more creditors, shall in
ure TO the equal benefit of all creditors
in proportion to the amounts of their re-
spectiye claims, and the trusts arising un-
der the same shall be administered in
conformity with the provisions of this
act.
Sec. a. All transfers, couyeyances or
assignments made with the intent to hin
der, delay or defraud creditors, shall in
ure TO the equal benefit of all creditors
in proportion to the mount of their re-
spective claims, and the probate Judge,
after any such transfer, conveyance or
assignment shall have been declared by
acourt of competent jurisdiction to have
been made with the intent aforesaid, on
the application of any creditor, shall APP
point an assignee according to the pro
visions of this act, who, upon being du-
ly qualified, shall proceed by due course
OF law TO recover possession of all
property so transferred, conveyed or
assigned, and to administer the same as
in other eases of assignments to trustees
for the benefit of creditors.
Sec. IS, This act shall apply to all as
assignments made by any partnership,
joint stock association or body corpo-
rate, and as far rs practicable to all
trustees of trusts for the benefit of cred
itors heretofore appointed and all trus-
tees appointed and actingunder the pro-
visions thereof shall have power by the
direction of the probate Judge, to com
pound and compromise any debt, claim
or demand on behalf of his assignor that
in his opinion cannot be otherwise re-
covered or collected.
Sec. 10 The act entitled IAN act de-
claring the effect ofassignmcnts t trus
tees in contemplation of insolvency."
passed March 18th, 1858, be and the
same is hereby repealed.
Sec. 20. The probate judge shall be
entitled to the following fees for servi-
ces performed under this act: for filing
copy Of assignment, schedule and inven-
tory, ten cents each, and for all other
papers, five cents each; for appointing
or removing any assignee one dollar for
hearing and deciding applications by an
assignee for the benefit Of this act, two
dollars, and, for all other services per-
formed under this act, the same com
pensation as is provided by law for like
services in the settlement of estates of
persons deceased.
Sec. 81. In all cases Of assignments
made before the passage of this act, and
where no final settlement and ditrsbu-
ton has been made: the probate Judge
OF the proper county shall have the pow
en-, on the application of any creditor of.
the assignor, to issue a citation against
such assignee, requiring him to appear
before such probate judge on the day
named in such citation, to show cause
why he should not give bail for the exc
cution of his trust according to the pro-
visions ofthis act; and such probate Judge
ON good cause shown may require such
assignee to give bail according to the
provisions Of this act; and in case such
shall fail to appear as required by snch
assignee citation, or shall tailto give dali
within the time ordered by such probate
Judge, such probate Judge shall remove
him and appoint another assignee, and af.
ter the giving bail by any assignee, as pro-
pided In this section, thosame proceedings
shall be had as provided in this the
same proceedings shall be had as provi-
ded in this act in case of assignments af-
ter the passage of this act.
Sec. %. This act to take effect from
and after its passage.
WILLIAM B. WOODS
Speaker ofthe House of Representatives.
MARTIN WELKER,
President ofthe Senate.
April 6, 1859.