The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-01-27


Of bis propertyg shallincludo and set forth ID hi:
ebeople. bis whole estate, and all such property
as may be by law exempt on execution from
seizure and forced sale9;T and it shall be the duty
lof the Judge having jurisdiction of thefaiIure &c
Exempt and set apart, for the use and benefit Of
said insolvent such real and personal property a.
he is by law authorized to retain te-his own use
or thatfOf his family 81
SEC. Z. The iflsolvent shalt, either before or on
the day appointed for the meeting of the creditors
deliver to the Court all the commercial or Other
books he may have kept, which books shall be
deposited in the Clerks Office of said Court. Said
insolvent shall also deliver to the Court at the
same time, all vouchers, notes, bonds, bi4fs secu
rites or other evidences of debt, in any manner
relating L, or having any bearing upon, or con-
nection with. the property surrendered by said
debtor, and al suehspapers or securities shalt be
deposited in the Clerks Office Of said Court: and
the Clerk shall hand them over. together with
books of. insolVeBt, to the assignees who may be
appointed. gs49UCE 409
SEC. s. The Judge granting the order for a
meeting of the creditors, shall direct the Clerk of
the Court to issue notice calling the creditors OF
the insolvent 20 be and appear upon specified
day, not less than thirty nor more than forty days
] from the first publication of said notice, before
said Judge, either in Chamber or in open Court
as said Judge shall order, to show cause why the
kpfayer of the alleged insolvent should not be
granted Said notice shall be published at least
thirty days in newspaper printed IN the County
in which application is made if there be one il
there be none, then ia newspaper printed nearest
to such County. 49, fss..gsiT, a1fsn an5ta.i.s
SEC. 9. When issuing the order for the meeting
of thescreditors. the Judge shall order that all
| proceedings against the debtor shall be stayed,
except proceedings for a foreclosure of a mort.
gage or other lien, or of attachment creditors
Provided holcecer, That the said stay Of proceed
| ings shall not prevent the Judge who shall have
fP0ft4 fo
session OF all property of the debtor for the ben
eft of all his creditors, subject to the rights of all
mortgages, attaching creditors and lien holders.
whose liens are perfected as required by law II
one or more Of his creditors, hisagent or attorney
in fact shall apply for such appointment, aud
swear that he has reason to believe and does be-
| lieve, that the debtor may avail himself OF the
stay of proceedings and keep his property from
his creditors, If no cause sufficient IN the judg
ment of the Court shall have been shown why
the debtor should not have the beneftof this act,
and shall produce satisfactory proof of the facts
on which his affidavit is founded.
s SEc0l9. Atithe meeting of the creditors, the
said creditors having certified on oath that their
respective claims are legitimate and true, shall
proceed to the appointment of one or more assign
ees, not exceeding three. 10 appointing assignees
the opinion Of the majority OF said creditors. N
sums or in claims shall prevail. Atsuch meeting
any creditor may be represented by his duly auth
orized agent or attOrHeyin fact
t SEC. IL. When the assignee, or asslgnees, shall
have been duly appointed in the meeting of the
creditors, and the surrender of the property shall
have been duly accepted Of, it SHALL be the duty o.
said assignees to deposit in the Clerks office, Of
the Court who shall have issued the order tor a
lcall of the creditors, certified statement OF the
deliberations of said creditors on the appointments
Of said assignees. ercS4 vgeM v#aaI4
SEC. r. The Judge shall require from the assign
Iees bond with one or more good and sufficient
Il
be liable jointly and severally for the amount
thereof, conditioned for the faithful performance
ct the duties devolving upon said assigneeS. The
amount Of such bond Shall be determined by the
majority Of creditors. Should not the creditors
4 SO determine, the amount Of said bond shall DC
/ fixed by the Court having jurisdiction OF the fdl
ure. " s24 .s# as ~
SEC. 49, The assignees shall apply by petitio tc
the Court, who shall have ordered a meeting oil
the creditors, to be authorized to sell at public
auction, and to the best and highest bidderfol
cash, all the insolvent debtors property of what
soever nature or kind, aud said assignees shall
give at least three weeks public notice, In the
same manner as notice for the meeting OF credl-
tors of all sales of the property of said nsoyent
giving at the same time full description of the
property to be disposed of: Provided hoicerers
That If any of the property surrendered be of q
perishable nature the assignee shall be authorized
to sell tho same, by giving at least seven days no
tice of such sae by publication or notice of such
| sale, as in sale on execution,
SEC. IA. The assignees shall deposit all funds
belonging the failure, in their joint names, so
that nothing can be drawn without the consent of
all. Said funds shall remain involable, and shall
! never be loaned used or mixed with the personal
affairs of the assignees and finally the said as
sgnees shall make distribution of the proceeds of
the property OF the nsolven agreeable to the drec-
ton of the court. Said assignees may sue and be
SIZED, either as plffs defnts. in everything which
respects the rights and actions, which may belong
to The insolvent, or which may concern the mass
OF the creditors. All suits brought against the in
solvent anterior to the surrender oe property, be
fore the Courts of other Counties, shall be trans
ferred to the Court having jurisdiction in the
County in which said insolvent shall have pres
ented his schedule, and may be continued, on mo-
ton and notice, against his assignees, except
suits for foreclosure of mortgages or other liens
and of attaching creditors.
SEC. Is. Whenever a dividend shall be declared
the assignee shall make out statement contain
ing the names of the several creditors, mentioning
the sums which are due them respectively and tue
said statement shall besides contain the pro rata
sums to be divided among all the creditors. Said
as.ignees shall deposit said statement in the
Clerks office of the Court, who shall order that
notice be given to the credit rs in the same man.
ner as for the meeting, that they show cause.
within fifteen-Gays next following the publication,
why the said statement should not be accepted,
and the distribution made, agreeable to its con-
TENTS.
SEC. 16. Two or more creditors may at any
time make a motion to know it the assignees hav
funds in their hands, and the said assignees shall
be required to present their accounts, and ii they
have fundslthey shall distribute them without de-
lay.
| SEC. II. Should the assignees refuse or neglect
to render their accounts: as required by the pre-