The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1859-07-01

chth HtO III viz Piopao0 oouAoo io'o'A
|rcquisltion on the assignee to Jisallow
any claim or claims presented, which
he has not reported as disallowed, and
shall enter into AN undertaking with
surety or suretios TO be approved by
tho probate judge, conditioned to pay
all the costs and expenses Of contesting
the same, such claim or claims shall be
ordered to be disallowed, and tho same
proceedings shall bo had as required in
other cases of disallowanco by tho fore
going section. Et
Soc. 9. Tho probate court shall Or
der tho payment of all membranes
and liens upon any of the property
sold, or rights and credits collected
out of the proceeds thereof, according
to priority.
Sec. 10. Attho expiration of eight
months from the appointment and
and qualification Of the assignee, and
sooner if it can be done with regard to
the rights and interests Of all parties,
and as often afterwards as may be deem
cd proper by the probate Judge, div.
idend Shall bo declared payable out of
the assets Of the assignors, applicable
to the payment Of non preferred claims
and balances Of claims equally amongst
all tho creditors entitled in proportion
to the amounts Of their respective
claims thereon, including those disal-
lowed as to which tho claimant has bea
gun proceedings to establish tho same,
as required in the sixth section of this
act; Of tho making of which dividend,
and Of the time and place Of payment
thereof, notice shall be given by advor-
tiscmcnt in newspaper, and in such
othcr way as tho probate judge may di-
rect; of tho payment of which dvi-
dends ard those remaining un ,allod
for and unpaid at. that time, report
shall be made within sixty days after
tho day fixed for tho payment Of the
same. Tho probate judge shall thcn
cause new notice to be givon to tho
owners of the unpaid dividends, by
publication and such other modc as he
shall direct; and if tho same are not dc.
manded within twelve months thereaf
ter, the same shall bo divided pro rata
among the other creditors until they
are paid in full, and the remainder, if
any, to the assignor or his legal repre-
scntatives. Tho dividends reserved
for claims disallowed, whore the pro-
ceedings to enforce their allowance have
been commenced, shall be held until
said proceedings have terminated, when
they shall be paid, If the allowance of
tho claim has been ordered, upon the
same; otherwise, they shall be distribu-
ted pro rata amongst other creditors not
paid in full, or refunded to the assignor
as the case may require.
Sec. IL. Before any dividend is de-
clared, the costs and expenses of adj
ministering the trusts Of tho said as.
| lsignment including reasonable com
pensation to the SAID assignee, and his
counsel fees and other expenses as may
bo allowed by the probate judge, shall
H paid out of the trust fund.
SSec. IL. In case the assignee or any
cfvditor have reason to boiovc and
maze affidavit thereof that the assign
or las not surrendered all the property
and effects embraced in the assignment
or that he has property or effects which
he cosceals and refuses to apply to the
payment of his debts; or that he has
conveyed or assigned any property or
effects for the purpose of hindoring,
delayingor defrauding his creditors, or
that he is about 10 do so; or that he has
converted any property or effects into
moneys and credits for the purpose of
putting thom beyond tho reach of his
creditors, Or the jurisdiction of the
court of the county, or is about so to do
the probate jadgo shall cause him to ap-
pear in OF on court or before referee
and answerunder oath all interrogato-
rios concerning the same; and may
make all necessary orders upon proper
parties to prevent further transfers
and chahges in any property and effects
which he thiaks belong to the debtor
and sh ould b0applied to the payment
of his debts: but no such order shall
have the effect I'd altor tho title or pos.
session of any property or effects
claimed Or possessed by any third per,
son.
Sec. 13, Every person presenting
and filing claim against the estate Of
the debtor, and before the same shall
bo allowed or any payment made tnere.
on, shall make and file an affidavit set.
ting forth that tho said claims arc just
and lawful, what collateral or personal
security, if any, the claimant holds for
tho same, or that he has no security
whatever, and the ASST gnco or anycreda
itor shall have the right to examine the
claimant under oath touching any such
collateral or other security, or any 9th