The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-07-02
PUBLIC LAWS OF THE STATE OF MAINE.

1
liability ascertained and quidated, which shall then
be done in such manner the court shall ORDER and
he shall be allowed to prove for the amount so ascer
tanned Any person liable as BAIL surety, guarantor,
or otherwise tor the lnsOlVent who shall have paid
the debt or any part thereof, in discharge of the
whole shall be entitled to prove such debt, or to
stand in the place of the CREDITOR if the creditor has
proved the same although such payments shall have
been made after the proceedings in insolvency were
commenced And any person so liable for the in
debt but is still liable for the same or any part there.
Of may, if the creditor fails omits upon request
| to prove such debt, prove the either in the
by the rules of the court provided in section nine
OF this act and subject to such regulations and lm
| tatOns may be established by such rules Where
the insolvent is liable to pay rent or other debt fall
ing due at fixed and stated periods the creditor may
prove for proportonate part thereof up to the time
OF the insolvency as if the fell due from day
day, and not at such fixed and stated periods. No
debts other than those specified in this section shall
| be proved or allowed against the estate.
Section twenty-five is hereby further amended bv
adding after the word "courts," in the last line the
| words the assignee claimant, creditor or other
the Judge allowing or disaliowing in whole or in
part any debt, claim or demand, against the debtor
or his estate to the supreme judicial court next to
be holden within and for the county where the pro-
ceedlngs In insolvency are pending, which appeal
shall be taken, heard and determined, as provided
in section ten of this act as amended
SECT TO-. Section twentythree of said act is here
by amended, by striking out the word melting
in the second line and inserting instead thereof the
SECT II. Section twenty-six of said act is hereby
amended, by adding after the word ''preference,'
in the last ine the words 'the assignee after demand
may recover back by action of assumpsit, from any
creditor whose claim is disallowed in whole or in
part, any dividend or proportional part thereof paid
to such creditor before the disallowance Of such
claim
SECT -. Section twenty.eight of said act is
hereby amended as to read as follows:
sThe creditors shall at the first meeting in the
presence Of the judge, choose one or assgnees
Of the estate of the debtor; such choice shall be
do hVyfh
the creditors present in person by attorney who
have proved their debts and such election shall be
subject to the approval of the Judge who may ap-
point additional assgnees order a new election
If no choice is made by the creditors at said meet
ing, the judge shall appoint one or more assgnees,
and the judge may at any time for good cause shown
remove any assignee and appoinG another in his
place.
amended, by striking out in the sixth line the word
.exeeuted and inserting instead thereof the word
recorded
amended, by adding after the word "judge," in the
fifth line in said section, the words, No dividend
already declared, shall be disturbed by reason of
debts being subsequently proved but the creditors
proving such debts shall be entitled to dividend
equal to those already received by the other credit
ter
SECT. Is. Section thirty-six of said act is hereby
amended, by inserting after the word state,'' in
the second subdivision of said section, the words
or any county city or town therein; also by strk-
ing out the words issuing Of the warrant, in the
Ll1rQ ana 1OurCn lines OF mira SuD-dIVS1On OF
said section and inserting instead thereof the words
filing of the petition
Scot. 49, Section thirty-eight of said act is here
by amended, by adding thereto, after the last word
in said section, The insovent shall execute all such
conveyances, powers Of attorney, or other nstru-
ments and do such acts as the assignee may require
under the direction of the court to enable the as
sgnee to recover and receive the estate Of the nso
vent
SECT II. Section thirtynine Of said act is hereby
amended, by striking out in the first line the words
" The judge" and inserting instead thereof the
words The assignee with the approval of the judge
SECT. IS. Section forty. of said act is hereby
amended. by striking out IL the second line the
words "issuing the warrant" and inserting instead
thereof the words commencement of proceedings
and also by adding after the last of said Sec
ton the words IF it shall appear to the court that
the insovent has in all things conformed to his duty
under this act and all acts amendatory thereof and
that he is entitled under the provisions thereof to
ceive discharge, the court shall grant him dis
charge from al his debts except as hereinafter pro-
vded, and shall give him certificate thereof under
the seal Of the court. In all when the judge
shall refuse to grant discharge under the provs-
ions of this act there shall be an appeal to the
preme judicial court next to be holden within and
for the where the proceedings in insolvency