The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-07-02
1875

and proved and that said debtor is insolyent. he
snal issue MS additional warrant to the said sheriff.
OF elther OF MS deputies, and cause such other
proceedings to be had as are provided in section
fourteen OF this act so that said section fifteen,
when amended, will read as follows:
SECT. 15. When two more creditors of a debt.
or snail make application under oath, by petition by
them signed, to the judge of the county in which
the DEBTOR resides, setting forth that they believe
their aggregate debts provable under this act.
amount to more than one-fourth part of the debts
provable against such debtor, and that they further
believe and have to believe that said debtor
nsclven and that is for the best interests of ali
the creditors that the assets of such debtor should
be divided as provided by this act and it shall be
satisfactorily made to appear to the judge that the
allegations contained in such application true,
ana tnat such debtor is nsOlvent, it shall be the
duty of the judge to issue his warrant under his
hand to the sheriff of the county or either of his
deputies, directing him forthwith to attach the real
and personal estate of the debtor not exempt by law
from attachment and seizure ON execution wherever
the same may be situated within this state and for
9ldIalhg the payment to or by such debtor of any
deDt, demand or claim whatsoever, and the SALE
transfer, mortgage, pledge, conveyance or removal
by such debtor. his agents or attorneys, of any of
ing any contracts for the sale or purchase thereof
or relating thereto, until such warrant shall be re-
yoked by said Judge, Upon the issuing of such war
rant the register shall cause attesed copy of such
application and warrant to be served upon the debt
or or such other notice as the judge may order to
be given, who thereupon may appear, and hearing
shall be had upon such application by the Judge
who may thereupon revoke such warrant, unless
such allegations are proved. After the service of
debtor, or the giving of such other notice as the
Judge may order, provided by this section and un-
any debt demand or claim, to or by said debtor,
and any sale, transfer, mortgage, pledge convey.
ance, or contract, for the sale purchase of any
estate, property, rights credits of such debtor
by such debtor, or his agent attorney, shall be
null and void. upon hearing or default the Judge
small srm lind the allegations Of such application to BE
he shall issue his additional warrant to the said
sheriff either of his deputies, and cause such other
fourteen of this act
SECT. g. Section sixteen of said act is hereby
amended by inserting after the word "act," in the
second line, the words commanding the messenger
to take possession of all the estate real and personal
of the debtor, except such may be by law exempt
fom attachment and seizure ON execution, and Of
all his Deeds books of account and papers relating
said section the words the messenger. and insert
instead thereof the word he that said section as
amended will read as as follows:
SECT 16. When the warrant is issued as provid-
ed by this act, commanding the messenger to take
possession of all the estate real and personal of the
debtor, except such as may be by law exempt from
attachment and seizure on execution and of all his
deeds, books of account, and papers relating thereto
he shall proceed forthwith 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 thereto. In such warrant is re-
voked such estate deeds, books and papers, shall be
returned to the debtor or his legal Representatives.
SECT Z. Section seventeen of said act is hereby
amended, by inserting after the word "papers y in
the third line, the words relating to his property
and estate
SECT. s. Section twenty of said act is hereby
amended by striking out after the word "dies" in
the first line, the words after issuing of the war
rant the, and inserting instead thereof the words,
after commencement of proceeding, such
SECT. g. Section twenty-tw of said act is hereby
amended by inserting before the word sno,' in the
first line, the following words: All debts due and
payable from the debtor at the time of the filing Of
the petition by against him, and all debts then
existing but not payable until future day, a rebate
of interest being made when interest is payable
by the terms of the contract may be proved against
the estate of the insovent. ALI demands against the
insolvent for account of any goods chattels
wrongfully taken, converted, or withheld by him,
may be proved and allowed debts, 10 the amount
of the value Of the property so taken or withheld,
with interest. When the insolvent is liable for un
iquidated damages arising out of any contract or
promise. or account of any goods or chattels
wrongfully taken, converted or withheld, the court
may such damages to be assessed, in such mode
as it may Geem best and the so assessed may be
proved against the estate In all of contingent
debts and contingent liabilities: contracted by the
insolven and not herein otherwise provided for the
creditor may make claim therefor, and have his
claim allowed with the right to share in the divi-
dends if the contingency happens before the order
GxoI sxysI hn VOTE oYoV1x