New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

consistent with this act are hereby re-
Sec. 49, This act shall take effect and be
In force from and after Its passage.
NO. 19.-S. +. NO. CSC.
AN ACT to amend chapter ne-hundred anu
1orty-eight GAS OF the General Laws "
one thousand eight hundred and elgnty
one QSSD. entitled IAN act to prevent
debtors from giving preference to e erttan
of property Of debtors among their cred.
itors, and for the release of debts against
debtors and all acts amendatory there
:, Of, relating to insolvency. .,o
Be 1t enacted by the Legislature OF the
State of Minnesota:
Section 1. Said chapter 148 Of the Gen.
era ii Laws of the State Of Minnesota , oa
1881, and all acts amendatory thereon, are
hereby amended by adding at the emu
thereof the following sections, to-wit::
sec. IA. Whenever an insovent DEBTOR
who has made, or shall hereafter MAKE, - u ~
assignment of all his property ana es.aat
not exempt by law, under and pursuant pursuant
to chapter las of General Laws OF Mln ne
sofa of 1881, or for whom receiver mas
been appointed under said law, shall desire
to have determined and set apart to MN
his property which is exempt by la a,' a disl
shall desire, instead Of receiving the as IS
chapter l48, receive the discharge ana
release hereinafter provided for IN , tne
said assignment provided, NOTWITHSTANDING ln
the terms Of said deed of assignment, suc d
described and set apart to such lhSol'e en-
and such insolvent debtor may De us
charged and released from his depts, as as, d
part Of the proceedings under such assign.
1nent, or in said insolvency proceedings
upon compliance with the provisions OF this
"sec 15 Such insolvent debtor who shall
desire to be discharged from his , deDls
shall, at any time before the dlstrlDutl0n
Of said insolvents estate, present to inc
district court, in which said assignment
proceedings are pending, his application dor
such discharge and determination OF eA,
empt property. in which application ne
shall state the date of the nn gb OF the
same was fled the date OF the oruer
appointing receiver Of his property under
said act, and the name and postolnce az
dress of the assignee named in such as
signment, or the receiver or receivers ap-
pointed by the court. Said insolvent debtor
shall sign said application. and annex
thereto an affidavit subscribed and sworn
to by him, substantially in the following
ESTATE OF MINNESOTA.
".County of .
"I, -, do sOlemnly swear Tor afhrm)
that I have read Tor heard reaD the fcre-
going application signed by me; mat tne
same is true of my own knowledge: that
the inventory of my estate and the list OF
my creditors, filed in the office of the clerk
of the district court for the county OF
In the insolvency proceeding against are
as accurate and complete statements of all
my property. except such as is exempt
from sale or execution by the laws of tins
state, and Of my creditors, as l can make;
that have not within six years In any
manner whatsoever, disposed Of or made
over any part Of my estate for the future
order to defraud any of my creditors, and
that have In no instance created or &C
knowedged debt for a greater sum than
] honestly or truly owed. and that l have
maid Spcurn6 RI bo maid in aQV
way compounded with any Of my creditors
with a view to fraudulently obtain the dis
charge prayed for in the foregoing appllca-
ton
Sec 16. Upon the filing of such aplica-
ton in said court and the presentation
thereof to judge, of said court, such en-
court, or judge, shall make an order. which
shall be entitled in the matter of such
assignment or insolvency proceeding, di-
recting the issuance out of said court
and under the seal thereof, of an order to
show cause and citation. requiring all the
creditors Of said insolvent debtor to show
cause, If any they have, why said insolvent
debtor should not be discharged from his
debts: Such order and citation shall refer
TO said assignment or insolvency proceed
Ing and shall fix a date in the same, or
the next ensuin" term, or any special term
of said court, for hearing thereof at the
court house, or at the chambers of said
judge designating the place thereof. Such
order and citation shall be served upon
the creditors Of said insolvent in the same
service of summons upon defendants, or
in such manner as said court may deter
mine in its said order.
Sec II. On the day fixed in such order
ana CITATION, or at any subsequent day Or
time that such judge or court may appoint
such Judge Or court shall hear the proofs
and allegations of the parties and before
any other proceedings be had, shall require
proof of the service of said order and cita-
ton as in said order required On the
hearing of such application, such appica
any creditor of said insolvent debtor who
may desire to object to the discharge OF
said insolvent debtor may file in the office
or the clerk of said court, and present on
such nearing his answer to such applica-
ton, duly verified in the manner that
pleadings are required to be verified, set
ting forth the grounds Of his objection to
Sec. Is. Every creditor opposing the dis
charge of an insOlvent debtor NAV. at the
time, appointed for the first hearing, de-
case of such insolvent debtor be heard and
tried by jury, and shall be entitled to
an order to that effect: and in all cases
ordered to be tried by jury under the pro
visions or this section such trial shall be
had in the county where such nsolyent
proceedings are pending. and at the term
Of said court then pending, if term Of
such court be then pending, and if not,
then at the next succeeding term of said
court. and shall be tried as other civil cases
are tried: but if no demand be made for
jury trial, said court or judge shall hear,
determine and try said matter at the
pending term of said court, or at the sue
ceed.ng special term thereof, unless said
hearing shall be adjourned to a time fixed
"Sec 10. Such jury, having heard the
proofs and allegations of the parties. shall
determine the matter submitted to them
Unless they are discharged by said court
for failure to agree.
Sec 20. There shall be but one HEARING
neiore jury unless a retrial is granted,
H lneal II such jury cannot agree, after being
snail be discharged. and such court or
Judge shall decide the merits of such an
plIcatlon - and objections in the same man
l fep as II no Jury had been called. upon
me evidence introduced. and such deter
mination shall also determine and describe
the property of said insolvent debtor which
Is exempt by law.
Pmcatlon before a jury or otherwise, the
insolvent debtor may be examined on oath,
at the instance of any creditor, touching
his estate or debts. or as to any matter
stated in his application, and anv such
creditor may contradict or impeach by
other competent evidence any testimony
given by such insolvent debtor
Sec. ~ Every creditor of such insoIyent
debtor, whether residing within or without
this state, who shall file, or shall have
nleu, an nlildavlt: or make. or made. other
debtor. or who shall accent or receive any
dividend from the assignee or receiver or
Such lnsolyent debtor. or out of the estate
Of such insolvent debtor or insolvency pro-
ceedlng. shal! be deemed to be party to
such proceedings for a discharge of such
lnsolvent debtor from his debts, and to
the determination of his property exempt
by law; and the filing of such affidavit and
the making of such proof of claim, or the
receiving such dividend. or participation in
such proceedings, or the service within
this state Of said order and citation in ac-
cordance with the order of said court.
shall be deemed to be. and is declared to
be-, an appearance in the matter of such
assignment and application for discharge.
to make such order and determination.
And the order and DISCHARGE made and