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

uthdHVn thefe0f, tnot tne dsslgnQI mas no
surrendered ell the property and effects EN-
braced in the assignment; or that he ha
property or effects which he conceals an,
refuses to apply to the payment of his debts
or that be has conveyed or assigne any pro
perty or effects for the purpose of hindering
delsying or defrauding his creditors, or tina
be is about TO do SO; or that he has convert
ed any property and effects into moneys ant
credits for the purpose OF putting them be
yond the reach Of his creditors, or the juris
diction Of the courts OF the county, or il
about so to do, the probate judge shall cause
him to appear in open court or before re
feree and answer under oath all intgrEoVa
tories ncerDiDg the same; and may MAKE
all Necessary orders upon proper parties tC
prevent further transfers and changes in AM
property and effects which he thinks belong
10 the debtor, and should be applied to lht
payment of his debts; but no such orde
shall have the effect to alter the title or pos
session Of any property or effects claimed OF
possessed by sny third person.
Sec. l3. Every person presenting and
filing claim against the estate of the debt
or, and before the same shall be allowed OF
any payments made thereon, shall make and
file an affidavit setting forth that the said
claim is just and lawful, whst collateral OF
personal security, II any, the claimant holds
Tor the same; or that he has no security what
ever, and the assignee or any creditor shal
have the right to examine the claimant under
oath touching any such collateral or other
security, or any other matter relating TO said
claim, within such time and under such reg
ulations as shall be prescribed by the probate
Judge.
Sec. IA. The probate Judge shall have
the right at any time to remove any assignee
for good cause and to appoint another in his
sleud, and to make and enforce all orders
necessary to cause the property and effects
TO be delivered 10 the new trustee, and to
require new undertaking with additional
sureties, and an application made by any
surety or sureties OF any assignee, may, il
satisfied of the reasonableness Of such app.
plcation discharge such surety or suretics
from further liability; and require that said
trustee shall be removed or give new cure
ties.
Sec. Is. Nothing in this act shall be SO
construed as to require any property exempt
from execution TO be delivered up for pay.
ment OF debts, or to authorize any property
belonging TO the wife before marriage, and
not converted to the husbands use,- TO be
taken in payment of the debts Of her hus-
band.
Sec. l6. All assignments in trust to
trustee or trustees, made in contemplation Of
insolvency, with the intent to prefer one or
more creditors, shall inure to tho equal ben.
fit OF all creditors, in proportion to the
amount Of their respective claims, and the
trusts arising under the same shall be ad.
ministered in conformity with the provisions
Of this act.
Sec. II. All transfers, convcyances or
assignments made with the intent to hinder,
delay or defraud creditors, shall inure to the
equal benefit of all creditors in proportion
TO the amounts of their respective claims,
and the probate judge after any such trans.
fer, conveyance or assignment shall have
been declared by court OF competent juris.
diction to have been made with the intent
aforesaid, on the application Of any creditor,
shall appoint nm assignee according TO the
provisions Of this act, who, upon being duly
qualified, shall proceed by due course of law
TO recover possession of all property SO
transferred, conveyed or assigned, and to I'D.
minister the same as in other cases Of as
signments TO trustees for the benefit of cred
itors.
Sec. 1s. This act shall apply to oil os
signments made by any partnership, joint
stock association or body corporate, and as
far as practicable to all trustees of trusts for
the benefit of creditors heretofore appointed,
and oil trustees appointed and acting under
the provisions thereof shall have power, by
the direction of the probate judge, to com
pound and compromise any debt, claim or
demand on behalf of mis- assignor that in his
opinion cannot be otherwise recovered or
collected.
Sec. 10. The act entitled san act de-
Claring the eeffct of assignments to trustees
in contemplation of insolvency." passed
March l4tb, 1853, be and the same is hereby
repealed.
Sec. 20. The probate Judge shall be en-
titled to the following fees for services per-
formed under this act; for filing copy of as
signmen,, schedule and inventory, ten cents
each, and for all other papers, five cents
each; for appointing or removing any as.
signee, one dollar; for hearing and deciding
applications by an assignee tor the benefit
of this sct, two dollars, and for all other ser.
vices performed under this act, the sume
compensation as is provided by law fer like
services in the settlement of estates of per.
sons deceased.
Sec. 81. In all cases of assignments
made before the passage Of this act, and
where no final settlement and distribution
has been made, the probate judge of the
proper county shall have the power, on the
application OF any creditor Of the assigpor,
to Issue citation against such assignee, re-
quiring 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 execution Of his trust according to the
provisions Of this act; and such probate
Judge on good cause shown may require such
assignee to give bail according to the pro-
visions OF this act; and in case such assignee
shall fail TO appear us required by such cita.
tion, or shall fail TO give bail within the time
ordered by such probate judge, such probate
judge shall remove him and appoint another
assignee, and after the giving bail by any
assignee, as provided in this section, the
same proceedings shall be had as provided
in this act in case of assignments after the
passage of this act.
Sec. %. This act shall take effect and be
in force form and alter its passage.
.' WILLIAM B. WOODS,
y Speaker of the House of Representatives.
MARTIN WELKER,
President of the Senate,
April 6, 1859.
( No. 2l3.] AN ACT