St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-07


such assignment and may be prosecuted by
such assignee and his successors; provided,
however, that such assignment shall ROT
Sacate or affect any levy made by virtue OF
entered against such debtor on complaint
which was on file during at least twenty days
next prior to entry of such Judgment IN the
court in the county where the defenuant
that the release of any debtor under this act
shall not operate TO discharge any other
party liable as surety, guarantor or otherwise
tor the same debt.
SEC 2. That the second section Of said
act be and the same is hereby amended so as
to read as follows viz: "Whenever any
insolyent debtor shall confess Judgment,
or do anything whereby any OF
his creditors shall obtain preference over
any other of his creditors, or shall omit to do
ANYTHING which he might lawfully do 10 pre-
vent any of his creditors obtaining prefer
ence over any other CT his creditors, or shall
not make an assignment under the hrst sec
ton of this act, within ten days after garnlsh-
rnent made against him, or within ten days
after levy made on any of his property by
Virtue of an attachment, execution or other
legal process against him for collection OF
money, or shall conceal, remove, or dispose
of any of his unexempt property with intent
thereby to delay or defraud his creditors,
then or within sixty days thereafter, any one
or more of his creditors having claims against
him to the aggregate amount or at least S2Oo,
thereof, setting forth facts constituting one
or more of said cases. and asking that re-
ceiver be appointed, of all the unexempt
property of such debtor, and for such other
and further relief as may be proper; and
said petition may be heard in any county
designated by the judge: and upon notice OF
the time and place of such hearing given as
the court or judge shall direct to the debtor
and any creditor about to be preferred, the
court in term time, or the judge thereof. in
Vacation, shall proceed to hear and deter
mine such petition summarily, and shall re-
eeiye such evidence as may be pertinent, and
If it shall appear to the court, or judge, that
such insolvent debtor has confessed JTdg-
nent, or has done anything whereby any of
his creditors have obtained preference over
Pny other of his creditors. or has omitted to
do anything which he might have lawfully
done TO prevent any of his creditors obtain
ing preference over any other of his credi-
tors, or that he has not made an assignment
under the first section of this act, within ten
days after punishment made against him. or
within tel days after levy made on any of his
property by virtue of an attachment eXecu-
lion, or otner legal process against him for
collection of money, or that he has con-
eealed, removed or disposed OF any OF his
unexempt property. with intent thereby to
delay or defraud his creditors, then the
court or Judge shall appoint a receiver, who
shall have power and authority to, and who
shall take possession of all the property Of
such debtor, not exempt by law, including
wise disposed of by such debtor in violation
of any provision of this act and also all
property then under punishment attach
ment or levy, except such as was levied upon
under an execution issued upon Judgment
against such debtor entered on a complaint
which was on file in the court in the county
where the debtor then resided during the
period of at least twenty days next before
entry of such judgment; and such receiver
shall have power and authority to, and he
shall within four months from his appoint
tnent, unless the court or judge shall other
wise direct and shall allow further time,
convert said property into money and dis
tribute the net proceeds thereof rateably
and in proportion to the amount Of
their several demands among the creditors Of
such debtor who shall come in and make due
proof of their respective demands within
such time and in such manner as court or
consideration Of the benefit of the
provisions Of this act execute and
file releases OF their respective demands
Against such debtor as herein provided; and
The court or judge shall order the debtor to
make, verify and file in the court a schedule
Of all his debts. showing to whom due, when
payable, and the consideration Of each, and
s schedule of all his property. The court in
term time, and the judge thereof during va
patton, may also make such further and other
orders as may be necessary or proper to carry
Into full effect the provisions Of this act, and
luch orders and applications therefor may be
Necessary to protect the rights of creditors or
others hereunder"
SEC. 8. That section four Of said act be
And the same is hereby amended by striking
but the words -four months wherever they
appear in said section, and by. inserting in
lieu thereof the words NINETY days"
SEC. 4. That section five of said act be and
Che same Is hereby amended by striking out
ell after the words 'joined in such petition"
and inserting in lieu thereof the following,
hQtitinn
missed except on order TO show cause, duly
served upon all the creditors either person
ply or 6y mail, or by publication, as the
SEC s. That section six of said act be and
PIE same is hereby amended by inserting
kfter the word 'court'' therein the words
sand disbursements"
Sec. 6. That section nine of said act be
and the same is hereby amended by striking
put all after the words sin his stead, -" and by
Inserting thereof the following, namely:
"And upon petition of majority In number
knd amount Of the creditors, it shall be the
receiver appointed hereunder. and if he is
shown, and the court believes him to be
proper person, the court shall appoint the
party specified in the petition, otherwise the
fourt shall appoint some other suitable per
Bon as assignee or receiver.
/. SEo.7 That section ten Of said act
Pc and the same Is hereby amended by strik-
lng out all thereof after the words
.hleo sucn releases pelng al OK
Che proviso Of said section, and by in
berting in lieu thereof the following, namely;
:"'provided, however, that when any creditor
of such insolvent debtor who has made an
assignment of his property hereunder, or Of
Whose property receiver has been ap-
pointed hereunder shall petition to the court
Or judge, before entry of the final order for
distribution of the insolvent's estate among
his creditors as herein provided, setting forth
that such debtor has willfully sworn falsely
Snaotfip6 in
eny affidavit or upon any examination under
this Act, or that he has concealed from the
assignee or receiver any of his property. or
evidence thereof or that he has DESTROYED or
5alsifed any Of his account books, or other
evidences of his property, or has been privy
TO any such doings, with intent to delay or
Gefraud his creditors, or that he has removed
pr has conn1yed at the removal Of any OF his
State, with intent to defeat or delay the oper-
alton OF this act, or that he has given, or
permitted, any preference, contrary to the
provisions OF this act, or that having knowl-
EDGE that any person has presented a false
Or fictitious demand upon his estate, he has
pot disclosed the same to the assignee or re-
Ieiver within thirty days thereafter, or that
pc has not kept books of account or records
from which his true condition can be ascer-
FAMED, Or that he has, within six months
prior to his assignment or to the appoint
bent Of the receiver, concealed removed or
disposed of all or some part of his property
Win intent thereby to delay or 1efraud his
Creditors, then the court or judge shall re-
nuire the insolyent debtor to appear before
him al time and place designated TOR that
purpose, and, after notice to such complain
ing creditor of the time and place Of such
hearing in such manner as the court or judge
nay direct, the court, or judge, shall proceed
Upon such petition summarily, and if the
allegations thereof shall be controverted or
6enied, shall hear such evidence as may be
pertinent, and after said hearing the court
kr md In
Erect that all OF the debtors property not
exempt by law, be distributed among his
Creditors, as hereinbefore provided, without
their fling releases as aforesaid; and cred
Uors may in like manner be examined with
Respect to the validity of their demands
SEC. s. That there be- and is hereby