Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1878-03-12

the Judge may require the examination under oath
of the claimant other persons. touching said
claims. and all matters connected ;hcrewith when.
ever the party to be 50 examined shall not reside In
the county where such hearing T. 20 be had such eN
animation may be had before the judge or register
of the court insolvcLc of the county wtCrc the
witness to be examined resides, aud such eNamna-
ton shall he taken upon oral written inerroga.
tories. a. the may be. The notice TO be given
TO tho prrson 10 be examined shall be al least one
day for every twenty miles travel of the witness To
the place Of examination. II the claimant or per.
son max ng the Original proof ot"c I, atter due no.
ucc, shall. without good cause, cgect refuse 10
appear aud submit TO such eNamintion, the judge
may cect such claim without further hearing there
ana witnesses shall be entitled To the usual fees
a now allowed by law before the probate courts.
sEcr. p Amy oreditor may prove his claim at
any time before the final meeting
Seer. "a For the purpose of making the applica-
ton provided by section dnyeight, OF efIectug the
Of proving claims against estate OF any insolvent
under this act creditor. who holds security, shall
be considered a creditor only for the amount OF his
debt above the value OF his security.
Fret In case OF such Application, such value
the creditor, to the satisfaction Il the Judge and be
formally determined by him upon the hearing upon
aid application. II any shall be had
second. In of competition, such value shall
be determined by the Judge, upon application Of
either he creditor the debtor.
Third. In case OF PROOF oil claims, such value
may be determined by sgTeemeni between the credl.
tor aud assignee. or by IN" Judge upon application
of either the creditor assignee either by an ad.
Indication thereof or by decrccing sale of such
curiiy. in such manner and upon such notice a. he
SEcr p The judge may postpone the proof Of
any debt until after an assignee Is elected or ap-
pointed
SIcr %. person who Ia. accepted any prefer.
ence. showing the debtor was iusolyeui or in con.
temptation of insolvency, shall not prove he debt
which the preference was given. nor receive any
dividend thereon until he shall surrender the
sign"e al property money bench, or advantage re-
ccivcd 10y him under such preference.
SEoT. p. Any creditor may act al all meetings
by Nj. authorized attorney, ,he same a. though per
Srcf '2S The creditor. shall at the first meeting.
in the presence Of the judgc choose one or more
sgpoe OF the estate OF the debtor such choice shal
De- made by three or more IN number 81 the uuse-
cured creditor present NJ the meeting. in person
by attorney, whose debts amount collectively ~
ouc-hali IN amount ~ ~" debts proved; and such
elect tha be subject the approval Ofthc Judge
VINO may appoint hdallipna' assignee, or order a
new election. II no choice j. mad" 10y the creditors
sail meeting the judge shall appoint more
assiguccs, and the judge may So amy time. fnr good
cau- shown. remove any Assignee aud appoint an
other la hi. place.
sEcr. - Upon tho application. In writing. Of
more creditors. representing ouo-iourth part
of the amount Of debts proved, the judge .haI r..
quiTe tire as-iguee To give bond for the faithful
performance OF hi dut!es. In such sum a. hc shall
direct ard wiih such sutcue, -, hc shall ~ prove
sHcr 30 Tho judge shall by VA instrument AN.
der HE hand assign and convey to the assignee all
Ia" estate. real AID personal OF the debtor, except
such a. Is by law exempt from attachment aud -tiz.
urc on execution together with all drcd-. books OF
cunts, aud papers relating thereto, which assign.
nent -hali De eNccu ed turl"lth IN inc registry OF
deeds for the county whec such proc, ding. la iu.
soycncy pen ing. and n the registry ct dced, In
each county in which there may be- real estate OF
the debtor. aud such assignee shall give ruch public
motto" Of his election or appointment as the Judge
may order: such assignment shall relate back the
commencement % proceedings IN insolvency. aud 10y
operation OF law ral vest the title 10 all ia" prop
cfty and estate Of the debtor not exempt by Law
from attachment aud seizure ON ec4tlou. ia the
as-igupe, although the same h then attached ON
mcsne process n tho property OF the d btor. and
such as.gument shall dissolve any such attachment
made within four months next preceding t.c com.
mencament OF proceedings IN insolvency. such as.
siguee may sue tor and recover rs action Law
or by bill la equity. any sums OF money paid by
the debtor To any creditor upon any wit Judgment
oreNecutou. when such payment l. maize within
two months prior 20 the commencement oi the pro-
cecdings In Insolvency, and 6. received by the cred.
itor e. preference violation at the prov sious OF
This act, and the creditor know ~ the time tuch
payments are made that the debtor making the
tame l- insolyeni.
SKCr. "a. Whenever any creditor OF "a debtor 10y
or against whom Vroc"e dugs tu insolvency shall Dc
commenced shall az any time within four mon tbs
prior TO the cou Hcrntut of such proceeding.
commence az Iiust such debtor any suit ~ law " u
equity, Tor the recovery 81 debt claim against
such debt T, aud upon such suit the goods. effects
or ,te OF the debtor shall bc seized or attached,
the assignee Of uch debtor when chosen or up.
pointed may b" admitted to prosecute such suit H.
hnAl Judgment or decree" and may Ia his own uamo
levy upun or sell the property. effects or estate 50