Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-18
SOSzE NEW LAWS.


continued from yesterday,
Soc 36.--That nothing herein contained
shall be 50 construed AZ to deprive any
person Of the benefit Of any lien that may
lave attached to any OF the as3ignor S
property, either at law or in equity, priol
to the assignment.
Sec, 37.--NO process BY attachment
shall issue on behalf OF any creditor Of
tho asslgnor after sucl assignment has
been duly made, as in this act contem-
| plated, until court of competent jurlsdlc-
ton shall have first pronounced the as
si@nnGnt void alb inetio by the proper
suit or action brought by one or more
creditors for that purpose, in which case,
after the bill is filed and proper service is
| had, the court, or Judge i'll vacation, shall
fix the time for making up the issues
and render final decree as soon rs
practicable.
Sec. S. Should any preferences be
I made in favor OF any creditor other than
in this act provided, such preference
shall inure to the benefit OF all the
creditors alike.
/ Sec 3o.-Whcu any assguc" becomes
satisfied that it is no longer advantageous
d
assignment open. he may Apply 10 The
district court fora discharge from his trust
upon notice Of his Intention TO make
such application, stating th"tmo thereof,
Whml, notice shah ba pIb.ishcd in the
newspaper aforesaid, Tor At least four
weeks nest before auCh time, at which
time he may file his petition in said court
for such discharge; v hich petition verified
by his affidavit shall set forth the DISPOSE
ton made OF the assets OF the assignment
to him what portion Of them remains on
hand, and their condition; the amount
realized from the assets; the particular
disposition OF such amount; the demands
allowed particularly, with their respective
amounts and owners names, and the
sums paid on each, with an offer to deliver
into the charge OF the court what remains
Of the assets, and the evidence thereof,
and accompanied by all vouchers Herewith
connected.
Sec, i0.-If no person interested shall
within one week after filing such petition
file written objections to such discharge,
accompanied by specific reasons, the court
may refer the application to some com
petcnt and reliable person to examine the
iitiito vi t'iH dPP4N "liOh anu itpOIl tOtIe
court, with all convenient speed thereon;
ana, upon the hing OF such report, the
court Shall make Such further order III
the premises as 1t snail adludge right, or
the court or Judge thereof may hear and
determine sucll application without refer
encG and may discharge said assignee
from all further duty or obligation under
the assignment, and thereupon shall
order such assignee to deliver into the
charge and custody OF the court such por-
ton Of the assets and evidences thereof
as remain IN his hands, where they shall
he Kept, with all papers connected with
Slich assignment, subject to the future
control and disposition OF the court.
sec. Al :-AppeaiS may be taken IRON
the final judgment OF the court, III the
same manner as now provided by law
Tor appeals or wits OF error IN ordinary
cases.
sec. ~ heneyer Ii may appear to
the best interest OF the estate assigned
the court or Judge thereon IN vacation
may make an order directing the assignee
to sell, compound or compromise all bad
or doubtful debts upon such terms and
conditions IS appear proper and most
beneficial to the estate, and IN like man
ner the court or Judge thereof IN vaca-
ton may make an order directing the as
signee orelease and discharge any vested,
contingent or possible right or interest in
or TO any estate or effects assigned, upon
such terms and conditions as the court
or judge thereof in vacation may deem
proper and Just Tor the best interest OF the
estate. The assignee shall report his pro-
ceedIngs under this section to the court
or Judge in vacation, and if in vacation he
shall notify the creditors by publication in
the newspaper aforesaid Tor at least two
weeks, the last insertion to be not less
than ten days prior to the time Of the
hearing on said report, which notice shall
state the object OF said report and when
and where the same will be heard and
upon hearing thereof the court or judge
in vacation may approve or dlsapprove
the same as the facts and circumstances
may warrant; and, provided, that any
creditor may file his objections to said
report on or before the date fixed by the
notice, and such objection shall be heard
and determined without delay, and moth
ing in this section authorized to be done
by the assignee shall be final until the
iec IqTho toon o no nnn,mio sE',,o ~
which Uho ars;lnoo ,nay no ontitIod ror
"iioi' INV 'F''iShNN nay 10 'itei'iS' iOA