Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-16
SOME NEW LAWS.


hNp NSHtt'
tCoutiuucd from yesterday.
Sec. 1G.-Every assignee shall eXhih
! on oath a statement OF the account Of tn
trust, with proper vouchers, to the tilatri,
/ court at the first regular term after cXocl
| ton Of the assignment, unless for 700
cause postponed, and shah file like state
| ment at least every three months there
| anterior the inspection Of the judge, and
by the Judge found correct and proper,
e be by him approved such statements {
be SO made until assigned estate is full
settled. And ii such assignee shall lail t
make such settlement rs herein provide
Tor within the time mentioned, then u
the application OF any person intere.te
the court or Judge thereof shall order
citation to issue to such assignee, rcqull
ing him to appear before him at his cham
bcrs within time named therein, an
exhibit on oath Il statement Of his Il,
counts; and if said assignee shall negeC
and fail to exhibit such accounts within tn
time named III said citation, the JUDI
shall on motion, unless for good caus
shown. dismiss said assignee from hi
trust, and enter an order that he pay al
costs OF the proceedings.
Sec. 1.-THE court or judge thcreo
snail by such order as the circumstance
OF the case may require direct the Ccrl
to give notice II the exhibition and film,
Of such accounts, fpr such timr and il
some newspaper Of general circulation
within the county wherein suc!i assign
mcnt ~ made and recorded, and tia
such accounts will be allowed BE- lht
court, Or judge thereof III vacation, AZ
certain time To be stated in such notice
unless good cause to tho contrary j.
! shown.
Sec. lS.-Tho expense of advertising
shall be paid by the assignee at tie time
of exhibiting his account, and shall BIZ
passed TO his credit in such account
Sec. 19.-The assignee shall appoint {
| day, within three months after the date
of the assignment, and place, Which
| shall be the county seat Of the county
where theinventOry is filed, or such Other
| place in said county most convenient t.
all the parties in interest, where any
court OF record may be lawfully held
when and where he will proceed publicly
to adjust and allow demands against tht
estate and effects OF the assignor.
Sec. 20.-lhe assignee shall give notice
of the time and place OF adjusting and
allowing demands against the estate OF
his assignor, by advertisement published
in some newspaper printed in the county
or, ii there. be none, in the one nearest the
place where the inventory is filed, ior
four weeks successfully, the last insertion
to be at least one week before the appoint
ed day; and also, whenever the residence
OF any ofthe creditors is knOWn to him, by
letters addressed to such creditors at their
known or usual place OF abode, ut least
four weeks before the appointed day. The
assignee shall attend at the place desisnat-
ed in said notice, in person, on said day,
and shall remain in attendance at said
place on said day, and during two con-
secutive days thereafter, and shall com
mence the adjustment and allowance uf
demands against the trust fund at 8
o'clock a. NJ. and continue the same until
5 o'clock y. III. OF each OF said three
days and all creditors who, after being
notified as aforesaid, shall not attend at
the place designated during the said term
and lay before the assignee the nature and
amount of their demands, shall be pre-
cudel OF any benefit of said estate, but
the hearing on any demand presented at
the time may be continued, for good cause
shown, to such time US is deemed right
provided, that any creditor who shall
fail to lay his claim before said assignee
during the said term on account OF
sickness, abence from the territory, or
any other good cause, may at any
time before the declaration of the
final dividend, file and prove up his claim,
and the same may be allowed, and the
remaining dividends paid thereon AS in
the case Of other allowed claims
Sec. 21.-The assignee shall have
power to administer all necessary oaths
to debtors, creditors and witnesses; and
may examine them on oath touching any
claim exhibited to him for allowance.
Sec. 22.-Should the assignee reject
any claim or demand against the estate,
he shall indorse on the back OF said claim
or demand the word rejected" giving
the date OF said rejection and sign his
name as such assignee thereto.
Sec. 23.-If, within thirty days after
the same is rejected, the party owing said
claim does not prosecute his action
against the assignee in a court of compe-
tent jurisdiction, recovery upon said
claim or demand shall be forever barred.
II the plaintiffs cause Of action be dis
missed at the instance of the defendant
other than OH its merits, the plaintiff
shall have thirty days from the date OF
such dismissal to bring new suit.
Sec. 24.-All judgments rendered in
favor of any claimant in the district court
by virtue of the provisions of this act
shall be certified by the clerk thereof to
the assignee, who shall allow the same
and class it as valid claim against the
estate.
Sec. 25.-If the assignee shall have Il
demand against the assignOr which he de-
sires to have allowed, he may present Il
petition to the district court, or to the
Judge thereof in vacation, stating the par
ticulars of his demand and the amount
thereof, verified by affidavit, and there
upon such court or the judge thereof in
vacation shall appoint some suitable per-
son to act temporarily as assignee OF such
estate for the purpose of hearing and pass
ing upon such demand. The assignee
appointed shall take an oath that he will
faithfully discharge the trust con-
tided to him, and shall pro
coed to examine the claim, and il
the same be found to be correct, in whole
1 or in part, he shall allow the amount
found to be due and report his action il
the premises to the proper court at the
next term thereof, or to the judge of sale
court in vacation and the court or Judge
as the case may be, shall make an orde
directing the sum allowed to be paid t.
the claimant as other allowances are paid
and in case such demand or demands
shall have been rejected by the tempo