The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-01-29

trust aud dt.lfis iu ia finally az
Hhsfeei thefeffufn, Ne NAV mskH 10.
nufl ~ hts proceedings under tho NJ
sirnuent al the disliirt court ~ the
ruuntY ln Whinh Hu0h HaslHnfn rN'sdra,
showing TIE munnt ana ns.4ts i'iat have
comn Into his hands, and how the slme
have been dlslufHfd and uiHpUsrd ~,
the Truth ~ which .hull h0 verified hy
his Affidavit and such rfpnri IN ",
whom approved hY tn0 puuti, be- iilOd
hhd recorded, with the nrIrr of appfu-
ytl, iu thu tf.i.I ul iir county rlork ui
the county On Wtiru thn assignment rs
recorded, nuu 400 action shsil hr hruus hl
against such Hssirnpr hy reason at any
tHins dome hY hin uudHr tho a-sigu-
stuo hU brought within twelve months
from tho limo Ol tho al,
ius thereof, as aiulessiui ana
amy moneys or iuuus ON
lsud shalt 100 deposited in tuu district
court, subject L. boo pnid ouE upon tie
uvrrro Of said courti PROVIDED, when mo
assignment n lol the hcguiil ~ consent
Ing creditors only, pud thrru ROMANS
un excess Of money or funds IN tho
hanus OF the assignee aittr paying cOu-
sgntius creditors tho uuumt al their
claims aud the expenses al executing
the assignment. The report OF the as
si3nOe shall, in addition IN the above,
contain u ian aud complete atatomeut
ut the quantity and value OF such eN-
cess, and ui what IL consists, also u list
of the names oi the unpaid creditors
aud the amount of their respective
claims. Such assignee shall, also,
twenty days before filing said report,
give personal notice 10 each OF the
creditors vino took no benefit under the
assignment OF the filing OF tho same.
such notice may be written or printed,
and sent To the creditors by mail or 9th,
erwise, such notice shall state the court
To which said report has been made and
me Tune hnd place OF
shall, at Its first term, after the ding of
said report, IL all ~ the creditors shall
have filed their claims with tho clerk,
verified as herein provided, proceed 10
make an equitable distribution OF such
excess among the creditors entitled
thereto, and Tor this purpose the court
may have any of tho property remain
ing unsuld, belonging TO the assigned
Cs,ate, sOlu nj private or public sale. In
case all the creditors do not Tile their
claims ut the first term Of said court, tho
final distribution shall be postponed
until tho second term alter the fling of
said report.
Sec. IL. In assignments under this
act any attempted preference OF any
render the assignment fraudulent and
void.
Sec. Is. The title to the assigned
property shall pass ~ tho assignee inn
medlutcly upon the delivery 10 him of
tho deed OF assignment, but tho as
signor shall hpye access 10 the assets,
books aud papers of tho assigned estate,
Tor the purpose OF making tho inventory
aud list az herein provided.
NJ. L M nl
tho assiSnOr shall be competent TO act
as assignee, and evory transfer by a
creditor of his claim against the as
siynOr IN OrderiO qualify himself 10 act
rs aa.f sn.e, hall D..g such claim from
any benefit under the assignment, aud
snail be sufficient cause to remove such
creditor from the place or office
of assignee; provided, that II
tho party to whom the claim
was transferred received tho same
in good faith and for = valuable consid-
GRAFTON, and without notice of the in
tent, purpose or design OF the creditor
in transferring the same, such claim in
his hands, il otherwise valid and prop
erly filed with the assignee, shall be
emitted to tho same benefit as other
claims under the assignment.
Sec ~. Where not otherwise changed
the common law rules of construction
shall he applicable to assignments made
under this act.
Sec. 81, When an assignment is made
for tho benefit of consenting creditors
only, and none except the terms and
provisions Of the assignment, ii shall be
tho duty Of the assignee To make mis- re-
port to, AMI turn the assigned property
and assets inJo the court as provided Tor
~ section 10 Of this act, and upon the fill
ing of said report by tho assignee, and
approving OF tho same by the court, the
court shall disburse and distribute the
proceeds of such assigned property and
assets in like manner as is provided for
in said section IL among all tho creditors
OF the assignor without preference TO
any.
Sec. %. Tho act entitled Gan
act in relation to assign
ments for the benefit of creditors and
TO regulate the same, and the proceed
ings hereunder" passed by The six
teenth legislature, and approved Marc h
"a, 1870, and the amendment thereto
passed by the eighteenth legislature
and approved April Z, 1883, be and the
Same Gre here by repealed.
The BUYERS GUIDE is issued Sept.