The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-30

his hands belonging 10 the inSolVent estate
md shall account for all interest received
thereon. And funds remaining in his hands
uncalled for when he settles his final ac-
count and the like funds in the hands of the
register, may be paid to the county treasur-
er, and to be drawn therefrom ano paid to
the party entitled thereto only upon order
of the judge of the insolvent court The
county treasurer's receipt, stating the
deposited, shall be filed with the papers
in the insolvent court and be allowed as
voucher by the judge
Section T. Section thirty nine of said
chapter is hereby amended SO as to read
Section 80. Whenever an assignee re-
ceives from the estate assets available TO
pay a dividend equal to twenty five per
cent of the debts proved. exclusive of ex-
penses, he shall declare and pay such divi-
dend and render an account thereof to the
Judge In all cases, he shall file an account
within six months from the date of his
election. unless for cause shown the judge
shall extend the time. No dividend already
declared shall be disturbed by reason Of
debts being subsequently, proved, but the
creditors proving such debts are entitled to
a dividend equal to those already received
by the other creditors before any further
payment is made to ahe latter. In all cases
Of contingent or disputed claims the as
s1gnee may reserve an amount equal to the
dividend which would be due upon such
claim if finally allowed, unless otherwise
9y ehg 5uage Il such disputed
reserved amount sha II be paid to the owner
of such claim; otherwise it shall be ac-
counted for when the final distribution of
the estate is made. And for each TWENTY-FIVE
per cent OF assets received, like dividend
shall be made. A final dividend shall be
made within one year from the date of his
election, unless for cause shown the Judge
shall extend the time, and when the same
is made the assignee shall exhibit an ac-
count of the full settlement and disposal of
the estate coming to his hands, and of the
fees and expenses arising therefrom, whic h
shall be examined by the judge, and If
found correct, shall be by him approved
and thereupon the assignee shall be dis
charged from his trust. No dividend shall
be paid or declared without the approval of
the court, entered of record. The register
shall give not less than five days notice
to all creditors named in the schedule of
debts, of all dividends about to be declared
and the same fees shall be charged as for
other notices..
Section s. Section forty of said chapter is
hereby amended so as to read as follows:
Section 40. In making dividend under
shall first be paid in full in their order:
=. The debts contracted by the debtor to
obtain, In whole or IN part, the amount
paid by him as fees to the insolvent court,
and for reasonable attorneys fees.
II. The fees, costs and expenses of suits
and proceedings in insolvency.
I'll. All debts ana taxes due to the state
or to any county, city OF town therein, and
state In behalf of the state prison.
Nv. Wages due to any operative, clerk,
lars, for labor performed within six months
preceding the hling OF the petition
Section 9. Section forty-three of said
chapter as amended by chapter sixty three
of the public laws of eighteen hundred and
eighty-seven. and chapter two hundred and
seventeen and chapter two hundred and
eighteen Of the public laws OF eighteen
hundred and eighty-nine, is hereby further
amended so as to read as follows:
Section 4. The debtor at any time before
applying for his discharge, may appear be-
fore SAID judge and amend and correct his
schedule of creditors, and shall take and
subscribe an oath before the judge, in SUBJ
stance as follows:
'I---, swear that the account of my
creditors continued in the schedule made
best knowledge and belief, and 1 further
swear that have delivered to
the messenger. all my estate except such as
was by law exempt from attachment and
seizure on execution, and all my books of
account, and papers relating to said estate
that We're within my possession or power
messenger; that have delivered to the
messenger or to my assignee all such of my
estate, books and papers as haves since
come to my possession, and will deliver any
other estate, books, and papers which ought
to be assigned and delivered to my assignee
which come to my possession or knowledge !;
and l further swear that no part of my
estate or effects is made over, concealed or
disposed Of in any manner for the future
benefit of myself, my family, or any other
person, OF to detraud my creditors.
Whenever in any case the debtor fails
to take said oath within six months of the
commencement OF proceedings, the same
may be dismissed upon motion of any party
interested, after such notice as the judge
shall ORDER
SECT. 10. Section forty-four of said chapter
is hereby amended by inserting between the
words ''courT' and "when" in the twelfth line
following words Ifthe debtor fails to apply for
discharge, any creditor, at the expense of said
debtors estate, at any time after six months
from the commencement of proceedings, file a
petition that ahear1ng may be had upon the
question whether discharge shall be granted
to the debtor. Upon said petition, the judge
shall order due notice, and may grant or re-
fuse the same, as upon the debtors petition
so that said section, as amended, shall read as
follows:
Section A. At any time after four months
from the commencement of proceedings, the
debtor may apply In writing to the Judge for a
discharge from his debts. The Judge shall or
der notice to be given to the creditors by
mail or otherwise, to appear on day appoint
ca Tor that purpose, and show cause why such
discharge should not be granted Any credi
tor opposing the discharge may file specif
cation in writing of the grounds of his opposi
ton, and hearing shall be had thereon at
such time as the judge appoints. If it appears
oonformed to his duty under this chapter, and
that he is entitled thereto, the court shall grant
him discharge from all his debts, except as
hereinafter provided, and shall give him GER
thcate thereof under the seal of the court If the
debtor fails to apply for discharge, any cred
itor, at the expense of said debtors estate, may
at any time after six months from the com
mencement of proceedings, file a petition that
q hearing may be had upon the question wheth-
er discharge shall be granted to the debtor.
Upon said petition, the Judge shall order due
notice, and may grant or refuse the same, as
upon the debtors petition. When the judge
grants refuses discharge under the provis-
ions aforesaid, there shall be an appeal to the
supreme judicial court, next to be held within
the county where the proceedings in insoven-
ey are pending, to be taken, heard and deter
mined in the manner provided in section
twelve. The party appealing shall, at the time
of entering his appeal in the supreme judicial
court file a copy of the specifications of the
grounds of opposition to the discharge, certi-
fed 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 be had as
to matters of law, to be heard and decided as
provided by said section
Section IL. Section forty-five of said chapter,
Is hereby amended by adding thereto the follow
ing words: And in the case of a debtor a second
or third time insolvent, voluntary petition by
him shall not be considered or acted upon by the
court, unless said debtor shall file with his petition
copy certified by the register of insolvency of his
certificate and discharge under his previous pro-
ceedings, or in lieu thereof the assent in writing
of the required majority of all his known credit
ors If he fails to do this, his discharge shall not
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