Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-03-07


estate for hia services attendance and for the
sarv support Of himself and his family. such sum
three dollars per week for each member Of his
family and for such time not exceeding three
months, as the Judge may order.
SEC. So III debtor, after notice Of the filing of
n petition ny or against him, SELLS removes
secretes or conceals any property, money or effects
belonging to his estate, any books papers docu-
ments or writings relating thereto, III any man
ner whatever disposes Of any part OF his estate,
with view to defraud his creditors, or to prevent
the same from coming to the hands of his assignee
except such may reasonably be expended for the
support of himself and family, not exceeding the
Iunt specified in section forty mine, he shall
upon conviction thereof, be punished by imprison-
ment in the county jail not moro than one year or
by fine Of not more than five hundred liars.
SEC. 81. If any person knowingly and wilfuly
aids the debtor after the issuing Of a warrant
against him under this act, in concealing any prop
erty, books or papers relating TO or belonging to
such debtors estate, with the intent to prevent the
same coming to the hands Of the assignee of such
debtor, to defraud the creditors of such debtor
shall by himself, his agent or attorney, make
any fraudulent purchase or fraudulent agreement
to purchase Of the messenger or assignee having
the possession of the debtors estate, any of the
property or estate of such debter, Mt less price
than Its fair market value he shall, upon convic-
ton thereof, he punished by Imprisonment ia the
county Jail not more than one year. by fine Of not
more than five hundred dollars.
SIC. -. If any messenger or assignee having
possession IF the debtors estate under a warrant,
rs provided by this act, shall knowingly and will
fully suffer any of the property belonging to such
estate to be destroyed or wasted or shall fraudu-
enty sell cause to be sold or disposed of, of
the property belonging to the estate of the debtor
at less than its fair market value he SHALL upon
conviction thereof, be punt shed by imprisonment in
the county jail not more than one year, or by fine
of not more than five hundred dollars.
PARTNERSHIP.
SEC. 50. The provisions of this act shall apply
to all cases where two or more persons are doing
business within this state as partners, and where
either of such persons reside in this state and in
such cases the notice required by this act shall be
given to all the known partners residing within the
state. Either partner may file his petition as here
in provided, which shall contain the averment that
the partnership of which he is member is inso-
vent and unable to pay its debts and that it is for
the best interest of such partnership and its credit
ors that its property and estate should be dis
trbuted according to the provisions of this act but
no warrant shall issue unit such notice as the
Judge directs shall be given to the remaining part
ners, and upon hearing, it shall appear to the sat
s!acton OF the jud &c that the allegations contained
in the petition are true. The schedule required by
this act shall contain the names of all creditors of
the firm, and the residences of the same, far as
they shall be known, the amount due to each with
the consideration thereof, and statement of any
existing mortgage, pledge, or oiher collateral era,
list of the creditors of each individual member of
the firm. Upon issuing the warrant all the property
arate estate of each individual partner, except
such as may be by law exempt from attachment,
shall come into the hands and possession of the
messenger, shall be returned to the assignee, and
otherwise disposed Of as provided, and
all creditors of the partnership, and the separate
creditors of each partner may prove their debts in
SEC. 81. The assignee shall be chosen by the
creditors Of the partnership, and shall also be
signee of the estate of each separate member of
such partnership, and shall keep separate accounts
of the funds of the estate of the partnership and of
the estate of each member thereof, and after de-
Quoting out Of the whole amount received by him
the total expenses and disbursements, the net pro-
ceeds of the partnership property shall be appro-
priated to pay the creditors of such partnerships
and the net proceeds of the separate estate of each
partner shall be appropriated to pay his separate
creditors If there is any balance of the separate
estate of partner after the payment of his separ
ate debts, it shah be added to the avails of the
partnership property. so far as necessary for the
payment of the partnership debts. If there is
balance of the partnership assets remaining after
the payment Of the partnership debts, it shall be
divided among the separate estates of the several
partners, according to their respective rights and
interests therein as it would have been had the
partnership been dissolved without insolvency,
and the sum appropriated to the separate estate
of each partner shall be applied to the payment of
his separate debts and in case thing remains it
shall be divided among the several partners,
according to their respective interests.
Sec. 55. The certificate of discharge shall be
granted or refused to each partner it would
ought to be if the proceedings had been against
him alone. In all other respects the proceedings
against partners shall be conducted in the same