The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1859-06-08
WHOLE NUMBER 27l.

See 3. Every assignee within the provisions of this
ac shall within thirty days after entering upon the dis
charge OF such trust unless for coed shown the
probate judge shs allow longer time. e in the Office
the property, money rights and credits of the said
signor which to his possession knowl.
venory shall be appraised by three suitable, dsinterest
ed persons, who shall be appointed by the probate judge
and 10 a faithful discharge Of their trust and IL
part of such estate effects be in any other county.
dsnerested justice of such county may appoint the
Sec Every assignee snail also the same time when
of ali debts and liabilities of the assienor within his
newspaper of general circulation within the county for
three successive wsss Of his appointment as assignee
Sec, 8. The assignee shall proceed at to
all the asses received by him into money, and to sell the
upon such other terms the probate judge In his dis
erection order, public auction, at such time and
ment in newspaper of circulation within
the county, for SIX successive weeks and Of which sale
real estate shall be made not less than thirds hs
appraised value thereof being subject to reapprasement
sstoe or Confirmed as the probate Judge shall order and
confirmed deeds shall be made to the purchasers
veying the title free from all liens ON the sae for debts
due hy the assignor.
Sec g. The assignee shall within sig mouths after his
appointment and sooner required by the probate jud
presented not Included in the schadule fled and was
caim If any, he is unwilling to allow; and thrreupon,
motto of such disaiIowance shall be served upon the
in of summons in civil action,
by advertisement residents, allowed by the
code of civil procedure in other and such claim.
ants shall be required within thirty days after such
tice 10 commence an action Bgainst said assignee In
to enforce the claim creditors shall present their Claims
within six months after the publication of the notice pro-
ved for in section four of this ae % the assignee for
allowance, and the assignee shall endorse his allowance
rejection thereon, and claimants whose claims
jected shall be required bring suit agans the assign
to enforce such clamB within thirty days after the
shall been rejected which If he recover the
Judgment shall be against the assignor thai he allow the
the court shall think right; provided however, that
the assignor make any defence such action
the assignee might have made to suit instituted against
him before the assignment ,ame cause Of action
Sec. T. The assignee shall also at the time and
sums collected BY including those arising from Sales to.
gether with the amount remaining uncoleeted, and the
amount thereof which in his opinion may be thereafter
collected. Ia
Sec s. If the assignee or creditor shall file in the pro.
bate court written requisition the assignee sal
reported as dsallowed and shalt enter into an unders
king with surety surees to be approved by the pro-
of contestng the same, such claim claims siabe
dered TO be- dsaowed and the proceedings shall be
had as required in other cases of dsaowance by the
Sec o. The pi court shall or der the payment of
all and liens upon any of thu props-ty sold.
rights and credits collected out of the thereof
according to priority.
See. TO- At tho expiration Of eight months fso the
if 1t be done with regard the rights and inter
ests of all parties, and often afterwards as may be
dividend
declared payable of the assets Of the assgnors app
cable to the payment of nonpreerred claims and balan
proportion the amounts Of their respective claims
thereon including those dsallowed which cai-
qured the sixth section Of this act of the making Of
which dividend, and of the time and place OF payment
thereof notice shall be given by advertisement ia
pape and In such other the probate Judge NAV
direct; of the payment of which dividends and those re-
manning uncalled for aud unpaid at that time shall
be made within sixty days after the day fixed for tho pay.
mcnt Of the The probate Judge then causs
notice 10 given to the owners of the unpaid
dividends by publication and such other mode he
direct; and If the demanded within twelve
mouths thereafter, the shall be divided pro rata
among the other credors until they are psid in full and
the remainder if any, the assignor his legal repre-
senatives The dividends reserved for claims dsalo-
ed where the proceedings to enforce their aoanc nav.
been commeuced shall be held until said nrossd;n"s
have termir when they shall be paid if the allow
ance of the claim has been ordered upon the same; 9TH
erwse they shall be distributed pro amongst other
creditors not paid in refunded the asgnor
the case my require.
expenses OF administering The Of the assign
men including reasonable compensation TO to the said
assuee and his counsel fees aud other expenses
be allowed by the probate judge, shall be paid of
trust fund.
son to believe, and make affidavit thereof that the a.
sguor has not surrendered all the property and effects
in the assignment; that he has property and
effects which he conceas and refuses apply the
ment Of his debts that he has conveyed or assigned
any property or effects for the purpose Of hndeTng de.
laying or defauding his creditors ths: he s about
do that he has any property and effects
into moneys and credits for the purpose putting them
t conrs ~ a conntS M = @ Or ne lasdcon o.
judge sha cause him to appear in open court or before
cerninr the ssms. and n.v ns, IN Soe
upon proper parties to prevent further transfers and
changes in any property and effects which he thinks be-
long the debtor and should be applied 10 the
of his debts; but such order shall have The effect to
alter the title or possession Of any property effects
claimed or possessed by any third person.
Sec. ID. Every person presenting and fling claim
against The estate of the debtor and before sss shall
- an. Gu paysaens sos tneIeon, sha4 make
Just and lawful what eolIasersI or jaa
h.esa @ @ ne or that he has NO
nave the right to examine the claimant undar oath touch
sIy ;uon - ;J .. oene. rs any other mat
sneo resu1ons as snA Do prescribed BY the probate
sse. IL The nroh.,. ;,,a,. s,,,,,
time TO any or % nsss me
i IN n ms eeae and % make and enforce All
deyersd to tbs r.,a n aad eses 70 Dc
s.inrs LII; ss;,s - auo " new undeI
Wilt aooiuonai suretes and an application made
S s 81 o. any as:gnee may u satisfied
~ o @ rom iurs9er and reuire that
d. Is Nth - M eh9'eu as? Of give new snrenes.
.sagre any roperty exempt from esecu5iou to be dev-
ered up or OF debts or to authorizes any prop
she oeots OF hsr husband.
tt -. t @ OF insolvency with the in
si hsneSt e y, ~ ereoio.s, snan inure 10 the
~ the;r rssnact,vs .i.i,. "a II, !. ere amounes
ssos shall hs J;;, az =; s - U.s. sslslng unaer the
;so,s of ,h;s t in conoEmisy WIN the pro.
sc ~ | All H.. t...,s. -
80 ;.h A., ~. tsns'ers conVeysnces or assignments
ne ,n'ea. 20 hinder delay or deffand credit
at; y. ~ " .ne equas oenens OF Al creditors In
H. 20 sne amounts OF their respective claims. and
sia have been declared bya court ofcompe
% navs oeen made with the intens afre
said on the application Of any CREDITOR shall appoint
assgneG aceoramg % sne provisions OF this act, who
osns aay 9usnneo, sean proceed by due course Of
W 90 possession o. an property SO transferred.
OF ana 20 sdminister the same as in
OF assignments TO trustees for the benefit Of
creditors. - .e.ss sl..I'-
PC. To- 1his act snau apply 70 AL assignments made
py any partnetsip, joint stock association