Daily globe., 1881-03-19
1O3

sec. D. COSLS IN cases upon Wnlcn aLLdcn-
ments or levies are made which are dissolved
under the provisions of this act, and a reason
able fee not exceeding twenty-five dollars, in
the discretion of the court, to an attorney for
creditors petitioning under this act, shall be
preferred and be paid first, by the receiver ap-
pointed hereunder.
Sec. z. All actions and proceedings to be
commenced under the provisions of this act,
may be commenced and prosecuted in the
name of the assignee, or receiver appointed as
herein provided, and all laws of the State of q
general nature applicable to receivers and as
signments, and not in conflict with the pro-
visions of this act, shall apply to assignees
and receivers appointed hereunder, as the case
may require.
Sec. g. Any creditor whose claim is disal.
lowed in whole or in part by any assignee or
receiver appointed or selected under this act,
or under the provisions Of the assignment
debtors, may appeal from such disallowance
to the district court, and there have such
claims tried as other civil actions. The
assignee shall, within ten days after his disal-
lowance of any claim, in whole or in part, give
written notice to such creditor of such disal-
lowance, which notice may be served person
ally or by mail, as in other cases, on such
creditor, his agent or attorney, and thereupon
such creditor may appeal from such disallow-
ance within ten days after the service upon
him of such notice of disallowance made by
the assignee, and which notice may be served
on such assignee personally or by mail, as
aforesaid, and in case'such service is by mail,
the time within which such notice of appeal
is to be given, shall be within twenty days
from the time of such notice of disallowance.
Sec. 9. In case of the death of any assignee
or receiver, the court may appoint another to
fill the vacancy, and the court may, for any
proper cause, remove such assignee or receiv-
er, and appoint another in his stead, and the
court shall order such removal upon the vote
of two-thirds in number and amount of the
creditors.
Sec 10. No creditor of any insolvent debt
or shall receive any benefit under the provi-
sions of this act, or any payment OF any share
of the proceeds of the debtors estate unless he
shall have first filed with the clerk of the dis
trict court, in consideration of the benefits Of
the provisions of this act, release to the
debtor of all claims other than such as may
be paid under the provisions of this act, for
the benefit of such debtor, and thereupon the
court or judge may direct that judgment be
entered, discharging such debtor from all
claims or debts held by creditors, who shall
have filed such releases, provided, however,
that when any creditor of such insolvent debt
or who has made such assignment of his
property, or of whose property a receiver has
been appointed as provided in this act, alleges
by complaint made to the judge before the
time for the distribution of the insolvent's as
sets among his creditors as herein provided,
that such insolvent debtor has fraudulently
concealed or fraudulently incumbered or dis
posed of any of his property with the intent to
may allow the insolvent debtor 10 appear be-
fore him at time and place to be designated
by such judge, and after giving such
complaining creditor notice of the time and
place of hearing, in such manner as the judge
may direct, the judge may proceed upon such
complaint summarily, without the allegations
therein being controyerted or denied, and may
hear such legal evidence as he may deem per-
tinent, relating to such fraudulent conceal
ment, incumberance or disposal of said debt
or's property as alleged in said creditors COM
plant, and after said hearing said judge may
in his discretion, order or direct that all of
said debtor's property and assets, not exempt
by law, be distributed among his creditors as
hereinbefore provided upon their filing such
releases, or without their filing releases as
aforesaid, and creditors may be examined in
like manner in respect to the validity of their
debts.
Sec. IL. Such assignee or receiver shall,
within ten days after his appointment, publish
notice in q daily newspaper published at the
capital of this State, and also in daily or
weekly newspaper in the county where the
debtor, debtors or any OF them reside, Ii any
is there published, and by sending notices
through the mail to such creditors whose resi-
dences are known to the assignee or receiver
of his appointment, and all creditors claiming
to obtain the benefits of this act, shall file
with such assignee or receiver their claims,
within twenty days after such publication. h
Sec. ID. After the payment of costs, as
hereinbefore provided, debts due the United
States, the State of Minnesota, all taxes or as
sessments levied and unpaid, expenses of the
assignment ana Of executing the trust, the
assignee or receiver shall pay ia full, If sufici
ent then remains for that purpose, the claims
duly proven of all servants, clerks or laborers,
for personal services or wages owing from said
debtor, for services performed for the three
months preceding said assignment, not exceed
ing fifty dollars in each case, and the balance
of said estate shall then be equally distributed
among the general creditors thereof, under the
direction of the court.
Sec. 13. This act shall take effect and be in
force from and after the first day OF July, 1881.
Approved March z, 1881.