The Somerset reporter., 1897-04-01


h o0u i..-1.e 49, asse IA such bank as
t. lsftz - ape utoueg coming 10
la AIuJs '. Iut =.., f'l tnsolvenl "a tate,
and stall "De,a p. ~ Al interest received
taareon. And III. seau ;ining In HIS hands
nncaled f9y fs.l asttles hls tI.al ae-
count and the Ike funds in tho hands d. the
e, and u Dc drawn thersfrom at. paid to
tie party entitled thereto cnly mon order
q the judge OF ne insnlvani ccurt. The
smoi1, and the case in which tho same is
deposited. snail be hled With the papers
II. the insolyent court and be allow I'd a.
voucher by the Judge
section 7. sccton thirty-nins OF said
e. .rter Is hereby amended 20 as 70 read
section 49, whenever an assignee re-
csiFcs from no estato assets available TO
~ = dividend equal TO went nvc per
CIT of tho dehis proved. exclusive OF ex-
Ieu-cs, lie shall declare and pay such diYi-
G"hd ami render an account thereof to the
taGIU In al easrs. hs shall file IN account
within SIX months from tie date Of his
election. unless ior cause shown The judge
shall extend tho Time. 80 dividend already
declared shan be disturbed by reason Of
debts eelng subsequently, proved but the
creditors proving such debts arc entitled 70
dividend equal 10 those already rcceif cd
by tho other creditors before any fur,her
payment Is made 70 In hitter. In all cases
OF contingent or dlspu ed claims tho as
dividend which would bs due upon such
claim II finally allowed. unless athrrwise
Contingent claim 10 finally allowed, such
reserved amount shall hr paid 70 lie owner
O. such claiias otherwise 81 ,sz5zu Ne ae-
counted Tor when the final distribution OF
The estate q faads And Tor each twenty n We
per cent Of assets received, Ike dividend
saAl 10 made. final dividend shan be
made within enc year from the GATE Of his
oectl0n. unless for cause shown the Judge
HHall extend tho time and when Tie same
s. made tho Hssignrs tha1 exhibit an ae-
o3Hut Of tho full settletncut and disposal OF
- 90 - and q e
fees and expenses arising theretrom, which
snail be examined 10y tho Judge, and II
found correct, shall re by him approved,
and thereupon the assignee shah DO dis
charged from his tra IL. NJ dividend shall
b. paid or declared thout tho approval OF
tho court entered of record Tie register
10 all creditors named in the schedule of
dents, OF all dividends about to be declared,
and the same fees snail be charged AZ for
other notices.
section s. section forty Of said chapter, Is
hereby amended 30 as to read rs follows:
Section 40. In making . dividend under
the preceding section, tho following claims
shall nrst be paii In fun in their order:
l. The debts contracted by the debtor 10
paid by him as fees to tho lnsolvsnt court,
snd for reasonable attorneys fees.
II. The fees, costs and expenses Of suits
and proceedings in insolvency.
III. All debts ana taxes due to the state
or 70 any county, CITY or town therein and
to the United states, except debts duo to the
Htai6 In DSfiAlI OF the state Prison.
Nv. Wages due to any operative, clerk,
or house servant. not exceeding fifty dol
lars, for labor performed within ak months
preceding the hing of she petition
Section o, Section foftY-thrre OF said
chapter "a amended by chapter sixty three
of the public laws of eighteen hundred and
eighty-seven. and chapter two hundred and
seventeen aud chapter two hundred and
eighteen Of tho public laws uf eighteen
hundred and eighty-nine, IL hereby further
amended so ss TO reed as follows;
4 In DAM 10 Of rav Ina hAfo
applying for his discharge. may appear be-
fore said judge aud amend and correct his
schedule of creditors. and shall take and
subscribe Nh oh'h before the Judge, IN sub
stance AZ follows
L., swear that the account Of my
creditors continued In the schedule MADE
and signed by me is true according to my
best knowledge and belief, and | further
swear that have delivered to --------,
she messenger. all my estate except such as
was by law exempt from attachment and
seizure on execution, and oil my books OF
account, and papers relating to Baid estate
ahat were Within my possession or power
messenger; that have delivered TO tho
messenger or to my assignee all such OF my
estate, books and papers as have since
come 10 my possession, and win deliver any
other estate, books, and papers which ought
TO be assigned and delivered TO my assignee
which come to my possession or knowledge
estate or effects Is mada over, concealed or
disposed OF In any napner for the future
benefit OF myself, my family, or any other
person, or TO deirsad my creditors.
Whenever in any cags the debtor falls
10 take said oath within six months of tho
commencement OF proceedings, the same
may be dismissed upon motion OF any party
Interested, after such netloo IA the judge
shall order
scot 10 Section forty -four OF said cha pier
Is 0by amended by inserting between tho
words "cOurt" aud "when" In the twelfth line
following words 1.-THE debter falls to apply for
discharge, any creditor, at the expense Of said
debtors estate, at any time after six months
from ths commencement Of proceedings. file a
petition that II hearing may be had upon the
question whether discharge shall be granted
W the debtor. Upon said petition, the Judge
shall ordor due notice, and may grant or re-
fuse tho same, AS upon tho debtors petition
80 that said section, as amended, shall read ~
follows;
Section a. Al any time after four months
from the eommencen0nt OF proceedings, the
debtor may apply In writing TO the judge for
discharge from his debts. The Judge shall or.
der notice 10 % given to the oreditors by
mail or otherwise, to appear on n day appoint
ed for thar purpose, aud show cause why snch
discharge SHOULD NOT be granted. ANY credit
tor opposing the discharge may 6le q speoifl'
cation In writing OF the grounds of his opposi-
don, and "a hearing shah be had thereon at
such time rs the judge appoints. II 1t appears
70 the court thai the insolvent has In all things
oop formed TO MIA duty under this chapter, aud
that he Is entitled thereto the court shall grant
him discharge from all hts debts except IA
hereinafter provided, and shall give him cor
ticAt0 thereof uH the seal of the court II the
debtor fRils to apply for a aiechargs any cred
itor at the expense of said deblor's estate, may,
at any timo after six months from the com.
msncement OF proceedings, file n petition thas
hearing may DO had upon the question wheth.
or Ia dschaIge shall be granted to the debtor.
Upou said petition, the judge shall order due
notice, and may grant or refuse the Same. as
npon tho debtors petition When tho Judge
grants or refuses II discharge under the proviS-
kous aforesaid, there shall be an appeal to the
supreme judicial court, next 10 be- held within
the county where the proceedings IN fnsolven-
ey are pending, to be taken, heard and deter
mined In the manner provided In section
twslve. The party appealing shall, at the time
OF entering Ills appeal in the supreme judicial
court, file copy of tho specifications OF ths
grounds Of opposition to the discharge certi.
lied by the register. At the request Of the deb
tor or opposing creditor, the presiding judge
shall order the question of discharge TO be
tried by the jury at the first or any subsequent
term OF said court Exceptions may ba had
20 matters of law, to be heard and decid cd "a
provided by said section
Section II. Section forty-hve OF said chapter.
Is hereby amended by adding thereto tho follow
ing words And In thu case of debtor q second
Or third time insolyeut, voluntary petition by
him shall not no considered or acted upon by the
copy certified by tbs lister OF Insolvency of hs
certificate and discharge unuer hts previous pro
ceedings. In lieu thereof, the assent in writing
Of the required majority Of all his known credit
ors If be fails 10 do this his discharge shall not
be granted or, II granted BE- valid 30 that said
section shall read IA follows:
Section 10. A discharge shall not be granted TO
q debtor = rccona time insOyeut, unless the assent
In writing OF a majority In number and in value