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


as the judge shall direct to all creditors upon the
schedule furnished him by the debtor, which notice
shall state: First. That warrant has issued against
the estate of the debtor. Second That the pay
of any debts, the delivery and transfer Of any prop
erty by him. are forbidden by law. Third. That a
meeting Of the creditors of the debtor prove the
debts and choose ASST gneeS of his estate
will be held at court of insolvency to be holden at
time and place de gnated in the warrant not less
than ten than thirty DAYS after the issuing
of the same.
SEC. 10 When two or more creditors of a debtor
snail make application under oath, by petition by
thein signed, to the Judge of the county within
which the debtor resides setting forth that they be-
leve their aYgre gate debts proyabe under this act
amount to more than one fourth part Of the debts
proVahle against such debtor and that they further
oeleVe and have reason to believe that said debtor
Is insolvent aud that it is for the best interests of
All the creditors that the assets of such debtor
should be divided as provided by this act, and it
shall he satisfactorily made to appear to the Judge
That the allegations contained in such application
are true, and that such debtor is nSovent, it shall
De the duty OF the judge to issue his warrant and
cause such other proceedings to he had are pro-
vded in section fourteen OF this act. Upon the issu
ing OF such warrant the register shall cause attest
cd copy OF such application and warrant to be served
upon the debtor, or such other notice As the Judge
may order to be given, who thereuppn may appear
ami upon his request a hearing shall be had upon
SUCH application by the judge, who may thereupon
revoke such warrant, unless such allegations are
proved.
SEC lG. When the warrant is issued provided
by this act the messenger shall proceed forthwlt
and demand and receive from the debtor and other
persons all the estate of the debtor, with all
deeds, books Of accounts and papers relating there
TO- In case such warrant is revoked, such estate,
deeds, books and papers shall be returned to the
debtor or his legal representatives.
SEC. Il. Upon demand made by the messenger,
the dehter shall forthwith deliver to him all his
tate, all deeds, books of accounts and papers, and
shall also furnish him within five days full SEIZED.
ule OF all creditors with their places of residence
and the sum due to each so far the same shall be
known to the debtor, together with the ccnsidera-
ton of the Indebtedness aud Il statement of any
existing mortgage, pledge or other collateral secur
NY gwen to secure the same and full list of all
his assets with brief description Of all real estate
or interest in real estate which he may own and
the place where the same is situated
SEC. IS. Upon the application. in writing, Of any
party interested, the Judge may order the meSsen-
ger to sell, after due public notice AMI notice the
debtor, for cash. in snch manner as ne may direct
any part of the debtors estate, and collect and re-
ceiye debts due such insovent and such messenger
shall keep correct account of the names OF the
Purchasers. the articles sold and the prices received
therefor and of all debts collected by him.
SEC. 49, Upon the election of asst .nee, the
messenger shall deliver to him all the property
held by him, and cash for goods sold by him. and
received by him from the collection of debts.
together with an account Of the sane and shall
turn to the register his warrant with record Of all
SEC. ~ Ii the debtor dies after issuing Of the
warrant, the proceedings shall be ntnuei and
cohcnneo III IKE manner, and WITH IKE validity
and effect AS II he had lived. The judge Of probate
may make an allowance to the widow or minor
children of the deceased out o! such estate, as is
now provided by law.
SEC. 81. When IA creditor has a mortgage or
pledge of real or personal estate Of the debtor he
cannot vote for assignee, except upon un occurred
claims, unless he shall file with the register n dis
charge of his security, and shall prove his claim
against the estate as an unsecured debt.
SEC. p. No debt shall he proved or allowed I'M
less the creditor or his authorized attorney makes
Oath III SUI Staice as lollOwS /, do
that Of by or against whom proceedings
in insolvency have been instituted, and still is
justly and truly indebted to me in the sum of
that the consideration for said Indebtedness was and
is that the credit to be given upon said aim is
that the only security hold upon said
claim is and that have not, nor has any
other person for me to my know ledge belief re-
ceived any other security satisfaction wlateycr
and do further that said claim was not pro-
cured by me Tor the purpose of influencing the pro-
ceedinss in this case; and do further swear that
have not, nor has amy other person to my knowl-
edge or Belief directly or indirectly entered into
any bargain, expressed or implied, whereby am
to receive any exclusive benefit hereafter or where
ny my vote Tor assignee, or my assent to the debtors
discharge Is or shall he in affected cjntro
ed. Such proof may he made and such oath may he
taken before the register OF any court uf nSo vuncy
or at the creditors own expense may he proved in
Ike manner before any justice Ui the peace no
tary public and such register, justice of tle peace
| or notary public, shall forward such demand and
proof to the register of the court of insolvency
| where the proceedings in Insolvency arc pendinw.
Such oath or affidavit shau he taken is prni lacte
evidence OF the facts therein stated Tho assignee,