The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-08-17
WHOLE NUMBER 593.

sicns of the first section Of this act, il shall
be the duty of the probate Judge, on appli-
cation OF the assignor or any one or more Of
| his creditors. TO remove the said assignee
and appoint another in his stead, who shall
thereupon Immediately comply with the pro.
visions OF the foregoing section; and the
probate Judge shall make and enforce all ne
cessary orders to put the said, trustees no
appointed, into possession OF any property.
money, rights, credits belonging to the an.
signor at the time he made said assignment.
Sec. 8. Every assignee within the pro
visions Of this act shall, within thirty dave
after en- ering upon the discharge Of such
trust, unless for good cause shown the pro-
bate judge sha II allow longer time, file in
the office of the probate Judge on. inventory
verified under oath of the property, money,
rights and credits Of the said sssignor which
shall have come to his possession or knowl.
edge; and the property and assests comprised
in the inventory shall be appraised by three
suitable, disinterested persons, who shall be
appointed by the probate judge and sworn to
faithful discharge of their trust, and if any
part OF such estate or effects be in any other
county, any dsinterested justice of such
county may appoint the appraisers Of the
estate and effects therein.
Sec. 4. Every assignee shall also, at tho
same time when he files said inventory file a
schedule verified under osth of all debts and
liabilities Of the assignor, within his knowl.
edge, and shall cause notice TO be given IN
some newspaper of general circulation with
In the county, for three successive weeks Of
his appointment as assgne and requiring
creditors to present their claims.
I Spc Tho ahoH IA
once to convert all the eseests received bys
him into money and to sell real and personal,
property assigned. either for cash, or upon
SUCH other terms as the probate judge in his
discretion may order, at public auction, at
such time and place as may be designated In,
notice given by advertisement in some news
paper of general circulation within the
county, for six successive weeks, and of
which sale due return shall be made to she
judge, but all sales of real estate shall he
made at not less than two. thirds the appFais.
ed value thereof, being subject to re-apprais-
ment as upon executions at law, and such
sales shall be set aside or confirmed % the
probate judge shall order, and II confirmed,
} deeds shall be made to the purchasers, con-
veying the title free from all liens on the
same for debts due by the assignor. lt. =.
Sec. 6. The assignee shall within six
months after his appointment, and sooner IL
required by the probate judge, report what
. claims, if any against the assignor have been
presented, not included in the schedule filed,
. and what claim, if any, he is unwilling to
allow; and therenpon. notice of such disal.
lowaHce shall be served upon the claimants,
as in case OF summons in civil action,
!, or by advertisement as to non.residents, as
allowed by the code of civil procedure in
other cases; and such claimants shall be re.
qured within thirty days after such notice,
! to commence an action against said assignee, ,.
in some court of competent jurisdiction
within the county, to enforce the claim,
creditors shall present their claims within
six months after the publication of the mo-
tice provided for in section four of this act,
to the assignee for allowance, and the as
signee shall endorse his allowance or reiec-
! ton thereon, and claimants whose claims
n are rejected shall be required to bring suit
!. against the assignee to enforce such claims
within thirty days after the same shall have
o been rejected, in. which If he recover, tbs
judgment shall be agOiDst the assignor, that
he allows the same in settlement of his
trusts, with or without costs as the court
i shall think right: provided however, that the
q asslgnor may make any defence to such &C.
ton that the assignee might have made to a
v SUIT instituted against him before the assign
+ ment for the same cause of action.
l.. Sec. Z. The assignee shall also at the
same time, and as often afterwards as NAV
j.. De required, report the sums collected by in.
q cludlng those arising from sales, together
>. with Inc amount remaining uncollected, and
r. the amount thereof which in his opinion may
, be thereafter collected.
- Sec. 8. Ii the assignee or creditor shalt
" t1le in the probate court written requsition
v ON the assignee TO disallow any claim or
n claims presented, which he has not reported
n as disalowed and shall enter into an under.
n taking with surety or sureties to be approved
h by the probate Judge, conditioned to paw oil
IS the, costs and expenses of contesting; the
q sume, such claim or claims shall be ordered
n to be disallowed, and the same proceedings
Al Shall be had as required in other cases OF
a dlsalIowonce by the foregoing section. .;
~ Sec. 8. The probate court shall order
y the payment of oil membranes and liens
il upon any of the property sold, or rights and
;, credits collected out of the proceeds thereof,
n according to priority. ST.. -.
h Sec. 10. At the expiration of eight
% months from the appointment and qualifica.
,e ton Of the assignee, and sooner it It can he
10 done with regard to the rights and interests
10 OF all parties, and os often afterwards as NAV
= be deemed proper by the probate Judge,
~ dividend shall be declared payable out Of the
70 assests of the assignors applicable to the
, payment OF non-pfeferred claims and balan.
70 ces of claims equally amongst all the cred
q itors entitled in proportion to the amounts
Al of their respective claims thereon, including
IL those disallowed as to which the claimant
IS has begun proceedings 10 establish the same
as required in the sixth section of this act;
q OF the making of which dividend, and of the
time and place of payment thereof, notice
shall be given by advertisement Ia news.
paper, 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
8 . the owners of the unpaid dividends, by pub.
lication and such other mode as he shall di.
rect; and if the same are not demanded
al within twelve months thereafter, the same
N shall be divided pro rata amnng the other
a creditors until they are paid in full, and tho
Or remainder, it any, to the assignor OF his
8, legal representatives. The dividends re-.
in served for claims disa allowed, where the pro.