The record-union., 1893-01-07
SENATOR HARRIS BILLS.
Sacramento's New Charter to be Pre-
sented Immediately.
A Proposed Amendment of the Insol-
vency Law to Prevent Fraudu-
lent Assignments.

The first thing that Senator Hart of
Sacramento proposes to do as soon as the
Senate gets ready to proceed with busi-
ness in earnest, is to introduce resolu-
ton to have Sacramento's new charter
ratified, as required by the Constitution.
The document is, naturally, very
voluminous one, as 1t contains the full
charter. Preceding the printed copy is a
long preamble, covering the require
ments of the Constitution, and following
the document comes the joint resolution,
which reads as follows:
Resolved, BY the Senate CT the state of Cali
fornia, the Assembly thereof concurring Ia
majority of all members elected to each
House voting for and concurring herein) that
said understanding Alternative Proposi-
ton No. 2, which was rejected 10y the quail
fed electors of said city, but including as
a part of such charter, and TO be known as
Section $50 thereof said Alternative Propo-
sitlon No. l, which, IN submitting such char
ter was also presented TO, and adopted and
ratified by the qualified electors of said city,
be, and the same is hereby approved for ana
as the charter OF the city of sacramento.
Mr.. Hart has also prepared a bill,
amending that portion of the Civil Code
referring to insolvency proceedings,
which he viii introduce right away.
The proposed changes will be accom-
plished by amending Sections 10 and 90
and adding a new section. He has in
view in amending the sections referred
to the better protection of creditors and
the prevention of frauds and fraudulent
assignments.
The new section which he proposes to
add to the law will read as follows:
mo claim shall be entitled to vote for
the election of an assignee unless such
claim shall be placed on file in the office
OF the Clerk of the Court in which The
proceedings are pending, within twenty
days after the first publication OF notice
OF the time appointed for the election of
the assignee All claims shall be estab-
hshed by a statement, showing the
amount, nature and origin OF the claim,
such statement to be verified by the
claimant his agent or attorney. Any
person interested in the estate of the in
solvent may file exceptions to the legality
or good faith Of any claim by setting forth
specifically in writing his interest in the
estate and the grounds of his objection to
such claims, such specification OF eX-
ceptlons to be verified by the af1i-
davit of the party objecting, his
agent or attorney, setting out, among
other things, that such exceptions are not
made for the purpose of delay, or other
wise than in good faith in the best inter-
est of said estate. Such exceptions are to
be filed with the clerk of the court at
least five days before the time appointed
tor the election of assignee; and such ex-
ceptions shall be heard and disposed of
by the court, on affidavit or other evil
dence In summary manner before the
election of an assignee.
"But the decision of the court upon the
exceptions as to whether the claimant
shall be entitled to vote for an assignee
shall not be conclusive upon the right of
the party TO participate in the assets of
the insolvent, the enforcement OF such
right being subject to the laws of the
State touching the establishment of
claims against the estates of insolvents,
in the case of dispute. No creditor or
claimant who holds any mortgage, pledge
or lien of any kind whatever as security
for the payment of his claim shall be per-
mitted to vote any part of his claim in
the election of assignee unless he shall
first surrender to the receiver of the
estate of the insolvent all such property
so mortgaged or pledged, or assign such
lien to such receiver, such surrender or
assignment of security or lien to be for
the benefit of all creditors of the estate of
the insolYent; or have the value of such
security fixed by the court more than
five days before the day appointed for
the election OF an assignee, in which event
the claimant may prove his demand, as
provided in this section for any unse-
cured balance, subject to the same excep-
tions as all other claims"
Mr.. Harris proposed bill for the relief
of George Nelson, who, though innocent,
was sent to the Penitentiary for highway
robbery, was referred to in yesterdays
RECORD UNION.
The Sacramento Senator does not pro-
pose to stop with these, but has not his
other bills ready yet.