M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-06-23

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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 six
ty days after the day fixed for the payment
Of the same. The probate judge shall then
cause new notice 10 be given to the own.
ers Of the unpaid dividends by publication
and such other mole as he shall direct; and
! If the same are not demanded within twelve
months thereafter, tie same shall be divided
pro rata among the other creditors until they
are paid in full, and the remainder, il any, TO
the assignor or his legal representatives.
The dividends reserved for claims disallowed,
where the proceedings TO enforce their al
lowaEce have been commenced, shall be held
until said proceedings have terminated, when
they shall be paid, if the allowance of the
clai n. has been ordered, upon the same; 9th ,
erwise, they shall be distributed pro rata
Famongst other creditors not paid in full, or
refunded to the assignor, as The case may re-
quire,
Sec. IL. Before any dividend is debated,
The costs and expenses Of administering the
trusts of the said assignment, including a
reasonable compensation to the said assignee,
and his counsel fees and other expenses, as
may be allowed by the probate judge shal be
paid out Of the trust fund.
Sec. II. In case the assignee or any creli-
| tor have reason TO believe, and make affidavit
thereof, that the assignor has not surren-
| dered all the property and effects embraced
in the assignment; or that he has property
or effects which he cohceals and refuses to
apply to the payment OF his debts; or that he
has conveyed or assigned any property or eff
leCts for the purpose Of hind5rng. delaying
or defraudiHg his creditors, or that he is about
to do so; OF that he has converted any prop
erty and effects into moneys and credits for
the purpose Of putting them beyond the reach
! OF his creditors, or the jurisdiction OF the
courts OF the county, or.is about so to do,
the probate Judge shall cause him TO appear
in open court or before a referee and answer
under oath all intenogatOdes concerning the
same; and may make all necessary orders
upon proper parties to prevent further trans
iers 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 no such order shall have the effect to al
Ter the title or possession of any property or
effects claimed or possessed by any third per
son.
Sec. l3. Every person presenting and fill
ing claim against the estate of the debtor,
and before the same shall be allowed or any
payments made thereon shall make and file
am affidavit setting forth that the said claim
is just and lawful, what collateral or persO-
nal security, il any, the claimant holds for
the sume, or that he has no security whatev-
er, and the assignee or any creditor shall have
the right to examine the claimant under oath
touching any such collateral or other securi-
ty, or any other matte relating to said claim,
within such time and under such regulations
as shall be prescribed by the probate judge.
Sec. ii. The probate judge shall have the
right at any time to remove any assignee for
good cause and to appoint another in his
stead, and TO make and enforce all orders ne
cessdry TO cause the property and effects TO
be de iyered to the new trustee, aud to re-
quire new undertakings with additional sure
ties, and an application made by any surely
or sureties of any assignee, may, if satisfied
of the reasOnabene:s OF such application,
discharge such surety or sureles from fur
ther liability, and require that said trustee
shall be removed or give new sureties
Sec. 10. Nothing in this act shall be so
construed as TO require any property exempt
from execution TO be delivered up forlpay-
ment of debts, or to authorize any property
belonging 10 the vile before marriage and
not converted to the husband use, TO Ie ia
ken in payment Of the debts of her husbhnd
Sec. l6. All assignments in trust to a
trus tee or trustees, made in contemplation OF
insolvency, with the intent to prefer one or
more creditors, shall inure 10 the equal bene-
fl! Of all creditors in proportion to the
amounts Of their respective claims, and the
trusts arising under the sane shall be ad.
in conformity with the provisions
of this act.
Sec. II, all tranGars, conyeyances OF as
signments made with the intent TO hinder, !
delay or defraud creditors, shall iuhre TO the
equal benefit Of all creditors in proportion to
the amounts Of their respective claims, and |
the probate Judge, after any such transfers
or assignment shall have been |
declared by courl of competent jurisdiction /
to have been made with the intent afures6M |
on the application of any creditor, shall ap- |
poiut an assignee according to the provisions /
Of this act, who, upon being duly qualified,
shall proceed by due course of law to recov-
er possession of all property so transferred,
or assigned, and to administer the
same as ia other cases of assignments to
trustees FOR thi benei, of creditors.
Sec. Is. This act shall apply to all as
'ignments made by any partnership, joint
stock association or body corporate, AMI as
far as practicable to all trustees Of trusts for
The benefit OF creditors heretofore appoin ted,
ind all trustees appointed and acting under
the provisions thereof, shall have power, by
he direction of the probate judge, 10 COM
pound aud compromise any debt, claim or
demand on b,ha II o! his assignor that in his
opinion cannot be otherwise recovered or
collected
Sec. 49, The act entitled can act declar-
ing the effect Of assignments to trustees in
ofinsolvsncy," passed March
l4th, 1858, be and the same is hereby re.
pealed.
Sec. 90 The probate Judge shall be enti-
tied to the foloxing fees for services per-
formed under this act: for filing copy of as
sgnment, schedule and inventory, ten cents
each, and for all other papers, five cents
each; for appointing or removing any as.
sgnee, one dollar; :or hearing and decid-
ing applications by an assignee for the bene-
tit of this act, two dollars, and for all other