Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1879-03-20

unless such allegations proved After the service of the
copy of the application and upon debtor or
the giving OF such other notice the judge may order
provided by this Section and until the Of such
warrant any payment of any debt demani or claim to
or by said debtor and sale, transfer mortgage pledge
conveyance ract for the sale purchase
estate property rights credits Of such debtor by
oebtr or his agent or attorney shall be- null and void
hearing default Judge shall fnd the allegations
OF SUCH to be true and proved and that said
debtor is insolvent he shall issue his additional warrant
TO the said sheriff either Of his deputies cause such
9TH dings be had as are provided in section
fourteen of this act
SEC 8 Section sixteen of said act is hereby amended
oy inserting after the word act in the second line ne
words Commanding the messenger 10 take Of ali
the estate real aHd personal debtor except such as
may De by law exempt from attachment seizure On
ecuon and Of all his deeds books of account and paprs
reatitg thereto Also by striking in TIE second line Of
sad section the words hs messenger insert instead
thereof the word he that said section amended will
read as follows:
Sec 10 When the warrant i, issued az provided by
tis ACT commanding the possession Of
all he state real and rsona, Of the debtor except such
as may be by Law exempt from attachment and seizure on
execution, and of all his deeds of account and
papers relating thereto, he shall proceed forthwith and
demand and receive from the debtor and other all
the estate Of the debtor with all deeds books Of ac oun
and papers relating thereto case such warrant il re-
voAed such estate deeds, books and papers, ,ha re-
turned to the debtor or his legal representatives.
SIC Section sevent of said act is hereby amended
by inserting after the word paper." third re the
words relating 10 his property and estate
SEC 5 Section twenty II said hereby amended by
STRIKING cut after the word dies in the first line the
words alter Issuing of the warrant, the and inserting
insted thereof the words latter commencement of pro-
ceedug, such -
SEC O. Section twenty two of said act is hereby amended
oy inserting before the WORT mo-" the line the FOL-
loving words An debts due payable from ID. debtor
al The time of the filing Of the petition by or a. ans him and
All deots then existing but not yab until future day
rebate Of interest being made when interest p.yab
oy the terms Of the be proved against the
estate oil the nsolyen All demands against the nsolyeut
o OF on account OF any goods chaels wronguy taken
conNeted or withheld by him, may proved and allowed
10 the value
r Withheld, with interest When the nsolyent ia liable
for uulquidatej dam es arising ont If any tracr or
promise or on account of goods chatte, wrougy
taken, converted withheld court may cause such
u' ges TO be assessed, in such mode it may best
e sam so assessed may be proved against the estate
Contracted by the ne and not herein erwie bro
vded for the creditor may claim therefor and have
his claim allowed with the right to share in the dvideCds
The contingency happens before the order for the final
vitend; h may at time apply the have
the present of the debt liability ascertaned and
liquid itcd which shall then such
shall order and he shall be aloH prove for the
amount so ascertsned Any person liable ball. surety,
gutrntor or terwse Tor the nsoyent, who shall have
pa d the debt part thereof, in discharge Of he
whole, shall be entitled to prove such deb, stand in
the place of the credit the creditor has proved the
same, although such payments shall have been made after
the proce dngs in Insolvency commenced And any
PRISON so liable for the nsoveut, and who has paid
the whole of such debt ut is still liable for the
part thereof may if the creditor fail, upon
request TO prove such debt prove the eth in the
name OF the creditor or otherwise be provided by
the rulrs OF the provided section nine this
act, and subject such regulations and m,tons may
be established by such rules Where the solvent is liable
TO pay other debt falling due fixed and stated
periods, the creditor m4y prove proportioDae part
thereof up to the time OF the insolvency, if the fell
due fr IN day TO day, AND at such fixed and stated
periods No debts other than those specified in this
ton. shan he proved o. allowed against the estate
Section twenty-five is her by further smrLded by add
ing after the word courts" in the linz the words
the AS gnee, claimant, creditor other person teested,
may appeal from the decision of the judge allowing dis
allowing in whole or in part any debt, claim demand,
against the debtor his estate to the supreme judicial
court xt TO bp holden Wit in ard fr the county
the Proceedings in insolvency pendns, which appea
shall be tken heard and d termned, provided in
ton ten of this amended
SEC. 10 Section twenty rec of said is hereby
amended, by srik.g the word 'meeting in the SEC
ond HE inserting instead thereof the word dividend
SEC H. twenty-six is hereby am, nded
by adding after the word 'pref.rence' the last line,
the words the sgnre after demand, back
by action OF sssunp-t from any credit whose claim is
disai WED in whole or in part any dVd,nd proper
ton4l there f. paid such creditor before the dis