Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1860-04-26
March II, 1860.
No. llG.1 AN ACT

No. llG. AN ACT
To amend sections five and six of nm act
entitled "an net regulating tho mode Of
administering in trust for the benefit Of
of creditors" passed April @, 1859.
SECTION |. BE ii enacted By the Gem
erai assembly ofhe State Of Ohio, That
IA folows; Section 8 The Assignee shall pro-
ceed at once to convert all the assets, received
by him. into money and to sell the real and per-
sonal property n signed, either for cash, or upon
such other terms IA the Probate Judge, in his
discretion may order, at public auction, nt such
time and place ns may be designated in notice
given hy advertisement ia some newspaper of
general circulation within the county, FIR four
successive weeks. and of which sale due return
shall he made to the Judge but all sales of real
estate shall he made at not less than two-lhirds
the appraised value thereof, being subject to re-
appraiscmcnt ms upon executions at law, and
such sale shall he set aside ~ confirmed as the
Probate Judge shall order, aud il confirmed,
deeds shall hc made to the purchasers convey
ing the title free from all lines on the same for
all the debts due the AsSignor. Whenever the
Probate Judge shall be satisfied that it would
bc for the advantage of the creditors of the
nj property assigned, at private sale, such Judge
may authorize the Assignee to thus sell the
same. either for cash, or upon such other terms
as the Probate Judge in his discretion may or
der, but such property shall in no case be sold
for less than two-thr,is its appraised value. nor
shall such Assignee become the purchaser
thereof, and n return of such sale be made
within the time prescribed by the Probate
Judge, not Ia extend beyond six months, and
/ al aInn ~, l,t ,Ivt.
Judge before the same shall he completed and
binding. aud il confirmed, deeds shall he made o
the real estate TO the purchasers, conveying the
title free from all rins on the same for all debts
due by tho AS-iguur. Should any property
/ thus ordered to be sold at private sale, ho moi
so sold within the time prescribed by the Judge
then such Judge shall order the same to be sold
at public auction In thc-amc manner IA though
private sale had not been ordered.
See, J. That section six of an act entitled
"an act regulating the mode of administering
assignments IN trust for the benefit of creditors,
passed April Is, 1889, hc ammcndcd ~ as tt
read ~ follows Section q. Creditors sha
present their claims within six months after III,
publication oi the notice provided for in section
hour Of this act. to ia" Assignee for alluwanc,
aud the Assignee shall endorse his allowance %
rejection thereon, aud claimants whose claims
are rejected shah be- required 10 bring sui
ItHlh~l li' hNNlHNtt 10 thlil't HN'h flhin
within thirty DAYS after the same shall hav
been rejected, IN which, il hc recover. tn
judgement shall hc against the Assignee, lha
he niluw the same IN settlement of his trusts
with or without the COSTS, ~ the court shal
think right; provided, however, that tho AS
sgucc may make any defence TO such acIior
that the Asslgnor might have made 10 II sui
instituted against him before the aS,ignmcn
~ iur the same cause of action.
See. ,, Said original section six ia hcrhy re-
pcnled.
Sec, 4, This ael shall take effect upon il
passage
RICHARD G. PARSONS,
Speaker Of tho House of Representatives
/ ROBERT G. KIRK,
= President of the Senate
70 Passed March 90, 1860.