Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-17
SOME NEW LAWS.
Acta OF the 28th Assembly Of Intorest to
the People.

or the judge Of the proper district court j
vacation, that any assignee has nc%Icctc
and refused when required by law. to fl
a full and true inventory ortO give Il bon
as required by this act, the court or judg
thereof in vacation shall issue Ctatio
to said assignee, to appear before sal
judge ut Il time and place within his j.
diciNI district therein specified, to sho'
cause why he should not be dismiSsc
from his trust.
Sec. 27.-On the return OF the citatio
the court or judge thereof may requr
the assignee to file an inventory and t
give abond with good and sutiicicl
security at any time, as he may deer
reasonable, or may proceed at once I
dismiss such assignee from his trust.
Sec. 23.-The like proceedings rs ar
prescribed in the last two prccedin
sections may be had whenever it shaI
appear to the court or judge that an
person who shall have become securit
Tor any assignee in any bond given fo
due execution of his trust, has or is likel.
| to become inSOlvent or has recovered o
| is about to remove from the territory.
Sec. 2J.-The court or indgc thercO
shall have power to appoint an assignee
in all cases OF dismissal Of an assigned
| from his trust, and like bond and sccurt,
shall be required and given by thu
assignee so a appointed as are required and
given by an assignee appointed by al
assignor.
Sec. 30.-When any assignee shall be
dismissed from his trust the court OF
Judge shall order all the books, papers
effects, moneys and evidences OF debt t.
be forthwith delivered to his successor il
trust, or such orther persons as the court
or ju 'ge shall appoint to receive the same
for the time being.
Sec. 3l.-The district court, or the
Judge thereof III vacation, shall make an
order for the sale of all the real and per
sonal estate conveyed by any deed Of
assignment, either for cash in hand or
opon reasonable credit, and upon such
other terms and notice as shall appear to
the court or Judge to bemOst advantageous
to all the parties in interest, and by order
direct the nature OF the security to be
taken at sales made by assignces under
this act Before any sale OF such real
estate shall be made, the assignee shall
give bond with at least two good securi-
ties, to beapproved by the court, or judge
thereof in vacation, in an amount equal
to the value OF the real estate to be sold,
conditioned that the said assignee will
faithfully make the same under such
order, and duly account for the proceeds
thereof under the provisions contained in
this act.
Sec. AIS soon as practicable, and
not exceeding thirty days after time for
allowance OF demands had under this act ;
provided, sufficient money shall have
then come into his hands, the assignee or
assignees shall pay upon the demands al
lowed, according to their right, as much
as the means on hand will permit after
reserving enough for proper fees, costs,
expenses and demands, including eX-
penses of litigation then pending, and as
often thereafter as dividend Of 5 per
centum can be paid upon the demands al
lowed as aforesaid the assignee or as
Signees shall give notice thereof by pub
licatiOn for one week in the same news
paper in which was published the notice
for allowance of demands, or in such other
newspaper us the court or judge thereof
may direct; and il such assignee or as
signees shall neglect or refuse to make
payment out of such trust fund, as in
this section required, for more than three
DAYS after the same have become due and
have been demanded by the person
entitled thereto, his agent or attorney, or
if he or they shall in any wise neglect or
refuse to comply with the provisions OF
this section he or they shall for every
such neglect or refusal forfeit and pay to
the person or persons agreed 5 per centum
per month interest on such sum as such
person or persons were entitled to at the
time of such demand, to be recovered by
motion in the court having jurisdiction of
said assignment; and any judgment rem
dered by said court on the hearing of said
motion shall be against said assignee or
assignees and his or their securities on
their trust provided for in this act, and
such assignee or assignees shall, in addi-
ton to such forfeiture, be subject to be
dismissed from his or their trust by said
court for such neglect and refusal, and on
motion and citation for that purpose.
Sec. 33.-Every assignee, upon the
reasonable request Of any person entitled
to any demand allowed, or of his agent,
shall exhibit to such person or agent the
condition of the assets of the assignment
and give him all reasonable information
concerning the same.
Sec. 34.-Upon petition in behalf of any
such person to the district court, or judge
thereof in vacation, showing good cause
therefor verified by affidavit, such court or
Judge shall cause any assignee to be cited
to appear before the court or judge at such
time as may be designated, to answer
the allegation of such petition and to do
and abide such order as shall be made
by such court or judge in the premises;
and for the purpose Of preventing null
tiplicity Of petitions or other proceedings
two or more may join in seeking the re-
lief demanded by each, verifying their
respective causes of complaint; provided,
the relief sought by each are not antago-
nistic to each other, and upon the hearing
the court or judge shall make such order
as shall be deemed fit and lawful in the
premises for enforcing the provisions OF
this act.
Sec. 35.-All property, both real and
personal, exempt from execution under
the laws of this territory shall not be con-
veyed by the deed of assignment, and if
enumerated therein shall not pass to the
assignee, but shall be reserved for the
benefit of the assgnor, or his family, to
be set off and appraised by the appraiser
mentioned in the first part of this act.
Continued tomorrow
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