The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-07-04
RICHARD G. PARSONS,
Speaker Of the house of Representatives.
ROBERT @. KIRK,
E President of the Senate.
March 10, 1860.
AN ACT

EN0. ll0 AN ACT
70 smend section i've and six of an act enti-
tied IAN act regulating the mode of admins
tsring assignments in trust for the benefit
Of oreditors,' passed April s, 1859.
Section l.. Be Il enacted By the Gen,
eyH Assem5ly Of the State Of Ohio, That
asation i've Of said act be amended so as to
yesd a follows: Section 5. The Assignee shall
proceed Ut onoe to convert all the assets, re-
esiysd by him, into money, and to sell the real
and personal property assigned, either for cash,
or upon such other terms as the Probate
Indge, in his discretion. may order, at public
eviction, It such time and place as may be de-
aignated in notice given by advertisement in
4egae newspaper of general circulation within
The county, for four successive weeks, and of
which sale due return shall be made to the
1Rage; but all sales of real estate shall be
made 1t not less than two-thirds the appraised
Ysiue thereof, being subject to re-appraise
pent - upon executions at law, and such sale
shan, be set aside or confirmed as the Probate
Judge shall order, aud if confirmed, deeds
shHil be made to the purchasers, conveying the
title free from all liens on the same for all
dsbts ds,e the Assignor. Whenever the Pro-
bate Judge shall be satisfied that it would be
for the advantage of the creditors of the As
signor to sell any part of the real or personal
property assigned. at private sale, such Judge
msy authorize the Assignee to thus sell the
sams, either for cash, or upon such other
terms ~ the Probate Judge in his discretion
may order, hut such property shall in no case
be- sold for less than two-thirds its appraised
yalpe, nor shall such Assignee become the pur-
chaser thereof, and return OF such sale shall
~ made within the time prescribed by the
Probate Judge, not to extend beyond six
months, and such sac shall be corf-med by
f6n- 20 In d0o hofo hall he
completed and binding, and if confirmed, deeds
shall be made of the real estate TO the pur-
chasers, conveying the title free from all liens
on the same for all debts due by the Assignor.
SHOULD any property thus ordered to be sold
st private sale, be not sold within the time
prescribed by the Judge, then such Judge shall
order the, same to be sold at public auction in
The same manner as though private sale had
rot been ordered
SIC. 2. That section six Of an act entitled
ian set regulating the mode of administering
assignments in trust for the benefit of credit
sors,' passed April 6, 1859, be amended 8, as to
read as follows: Section 6. Creditors shall
,presept their claims within six months after
the publication Of the notice provided for in
section four Of this act, to the Assignee for al
Iorance, and the Assignee shall endorse This
allowance or rejection thereon, and claimants
whose claims are rejected, shall be required to
bring suit against the Assignee to enforce
auch claims within thirty days after the same
: shall have been rejected, in which, if he re-
cover, the Judgment shall be against the As
sienee, that he allow the same in settlement
u histrusts, with or without the costs, as the
court shall think right; provided, however,
that the Assignee may make any defence to
such action that the Assignor might have made
40 suit instituted against him before the as
q. 81, ANA nj