Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1879-04-01

inc request OF the debtor, opposing creditor the
presiding Judge shall order the question OF charge
10 b" tried by the jury at the or any subsequent
term OF said court. Exceptions shall be had A. TO
10y said ctlOn ten
SEcr ~ section forty.three Of said act &. hereby
words. o. or when the demand arises nom the pur,
chase OF goods. wares or merchandise obtained on
lieye that he would not be able 10 pay for the same
SECr. 20. Section forty-hye Of said act l. hereby
amended by striking out in The finn line the word
found, and inserting instead thereof tha word
proved, and also by adding after the word dds
eharge In the last line thereof. any creditor Of an
insolyent whose debt was proved provable against
the estate In insolvency. who desires To contest tho
validity of tho discharge the ground that It was
irauduently obtained, may at any time within two
years after the date thereof apply the court which
granted IL, To annul the same The application hail
Oc IN writing, and shall specify which In particular
OF the several acts mentioned In section fortytwo IL
Intended to prove against the insoyent. and set
iortn the grounds of avoidance; and evidence
shall be admitted 10 any other of such acts lint
the application shall be subject amendment nj the
discretion Of the court The court shall cause rra
sonaoe notice OF the application 60 be- given TO the
lnsolvent, and order him TO appear and answer the
same within such time as TO the court shall seem
proper III upon hearing the parties the finds
the fraudulent acts any Of them set forth by tho
creditor against the nsolvent are proved, and that
the creditor had no knowledg" of the same until
after the granting Of the discharge Judgment shall
BE- given IN faVor OF The creditor and the discharge
OF the bankrupt shall be annulled; but NJ the court
finds that the fraudulent acts aud all Of them so set
forth, are not proved. or that they known 10
the creditor before the granting of the discharge.
judgment shall be rendered in favor of the insovent
and the validity of his discharge shall not be affected
by the proceedings.
In all cases arising under this section there shall
be- an appeal TO the supreme judicial court next to
be holden within and tor the county where the pro-
ceedings In insolvency are pending TO be taken
heard and determined. in the manner provided In
section ten Of this act amended. The party nm.
pcaling shall die the time of entering hs appeal
In the supreme judicial court copy OF the npplca-
ton TO have the discharge annulled certified Nv the
register. At the request Of either party the presid-
ing Judge shall order issues of fact be- tried y the
jury the first or any subscqu term said eonrt
Executions shall be- had ~ 1aNut 70 no
heard and decided a provided by said section ten
SEcr. y. Section forty-siX OF said act IL hereby
amended by striking out after the word 'purchased
In the first line the words amer the warrant of in.
solyency Is issued" and Inserting Instead thereof
the words after commencement OF proceedings in
/ insolvency
sKcr. p Section foriy-eght Of said act Is hereby
amended. 10y striking out the words "issung of the
warrant IN the second and third lines and Insert
ing instead thereof the words filing Of the petition
sEcr. %. Section GGy-oue Of said act Is hereby
amended by striking out after the word debtor
warrant and inserting instead thereof the words
: after the commencement Of proceeding
SECr q. Section hnyeight OF laid act il hereby
amended ~ striking out after the word debtor"
In the third line, the words "at the first" and
sorting instead thereof the words debtors at any,
also 10y Inserting after the word may. in the III
ueth line, the words within two years
skcT. -. In" judges may interchange services,
or perform each others duties, when they find II
necessary convenient, and If Judge u a party or
interested to the amount claimed OF one hundred
dollars, exclusive OF interest, In any arising In
biz county. or IS absent or unable 10 perform his
duties, and no Judge interchanges services or per-
forms the duties OF such Interested Judge or n there
l. vacancy in the office in any county. the duties
shall be performed I'm the same county by the Judge
OF any other county designated by the register from
time TO time rs necessity or convenience may re-
qurc.
SECr. %. Chapter seyenty-four Of the public laws
Of one thousand eight hundred and seventy
entitled AN Act in relation to the nsOyent laws of
Maine" except as herein amended or modified is
hereby rp-enaCted
SECT. % THIS act shall take effect when approved
Improved March D. 1871
Chapter I55.
An ACT 10 regulate the taking and shooting of