Daily Kennebec journal., 1897-03-29


may recover the property or the value
OF it from the person SO receiving 1t or SO
to be benefited. and II such sale assign
ment. transfer or conveyance Is not made
debtor. that fact is prima facie evidence
that such sale, assignment. transfer or
conveyance was intended as such prefer
ence, in violation OF this chapter; but
any loan of actual value or the security
therefor made in good faith. upon a se-
curty taken In good faith on the occa-
person, being insolvent, or acting In
Contemplation of Insolvency, within six
months before the filing Of the petition,
by or against him, makes any payment,
sale assignment, transfer. conveyance.
or other disposition of his property. to
any person who. then has reasonable
cause to believe him insolvent or acting
in contemplation of Insolvency. AMI that
such payment. sale. assignment. transfer,
or other conveyance. Is made with u
ing to his assignee, or to prever. the
same from being distributed under this
chapter. or TO defeat the object OF. or IN
the operation and effect OF any CT the
provisions OF this chapter, and such per-
son received the same in order to assist
signment. transfer or conveyance, shall
he void, ard the assignee may recover
the property of the value thereof. as as
sets of the ins'olvent And the foregoing
nrovisions shall apply to mortgages or
other securities given to obtain money to
make the deposit in the insohent court,
or to pay the attorney for future services
curity made or given by an insolvent, or
any other person with, or In trust for,
any creditor. for securing ..e payment
Of any money as a consideration for or
with intent to induce a creditor to for
hear opposing the application for dis
charge of the nsolSer' Sa osan shl be void
of money.or other goods, Shattels or
security from any person as an induce
ment for for5earirS 10 opposepr consent
ing to such application fori discharge,
every creditor SO offending shall forfeit
all right to any share or dividAnd in the
ostate of the ins'olvent. and shal also for
f.!t double the value or si;louM of such
money. goods. chatteis. or security so OBJ
tairxgi. to b.. recovered by the assignee
for the benefit of the estate.
Section l5 Section siXty-four tOf said
chapter as amended by chapter prty-siX
OF the public laws of eighteen hundred
and ninety and chapter, twi hun.
eighteen hundred and ninety-tiree. is
hereby further amended, so as to read as
follows
not amount to three hundred dollsfs. may
at any time assign, convey and deliver to
the register of the court of INSOLVENCY in
and for the county within which he re-
sides all his real ana personal Estate.
rights and credits. not exempt frdn at
tachment and seizure on eXecutih. to-
getnsr YIN , sshed"!e Sns,nr oSa Of the 1;st mS
his creditors. with their places OF res
idence, so far rs known by him. ati at
the same time may apply by petitif to
inability TO pay all his debts in full land
that he has assigned. conveyed and de-
lvered to the register of said COURT all
his real and personal estate. rights bnd
credits, not exempt from attachment bnd
sein"iG Schedule '' Of The same signed by him bnd
of residence. SO far as known by I'm.
and that he wishes to be examined las
provided by, this section and to have ihe
oath provided by this section admins
tered to him. ThereppOn the judge sfbil
appoint a time and Mace for the exahi-
nation of the debtor. which examination
NAV be before the juqgs. or such perbn
as he appoints to take the same. and the
register shall give slth notice to the
creditors of the debt4, of the time and
place of such examination as the judge
orders, and any credfor may appear at
such examination and be heard. and may
examine the debtor. under oath, con-
cerning his businessl property and ef-
fects, and the disposal thereof. Such eX-
animation shall be e&fined within such
limits the judge lrectS. and in mo
case shall it extend tdany matters aris-
ing prior to the time If the contracting
of the debts owed by tch debtor. at the
time of his eXaminatp. The examina-
tion herein provided I'd shall be in writ
ing. signed by the debf and filed in the
Office of the register upon such hear
ing, it appears to the jHge that the debt
or has assigned. coNEed and delivered
to the register all ksEaid real and per-
soEal estate rights aid credits. not eX-
empt from attachleit and seizure on
execution, togethe With schedule of
the same. signed him. and that he has
disclosed the mans and places of resi-
dence of all credits SO far known to
him, he Shall adinister to the debtor
the following oa: I...-.;, swear
tanned in the scflule made and signed
by me istrue. accting to my best knowl-
edge and belief; I'd further swear.
that | have delired to ............ the
register of the crt of insolvency. all
my estate rightsnd credits, except such
as are exempt fri attachment and seiz-
ure or execution and | further swear
that no part of I estate. rights or cred
lis, has been me over concealed, or
disposed of in annanner., for the future
benefit of mySclfly family: or any 9TH
er person. or toefraud my creditors.
Unless the jue has discovered. by
such examination such facts as render
1t inconsistent the debtor to take
such oatn. or tin'that any of the state
ments made byie debtor in or upon
said eXaminatiomre not true; When
oath, the judge all give him certiti-
cate thereof undhis hand ard the seal
OF the court, anhereupon ne snail be
thenceforth releM and discharged from
arrest upon mes process or execution
arising from andebt contracted prior
TO taking such h. and owing to any
shall not be reced to submit himself
to examination Ter provisions of chap
ter one hundretand thirty-seven of
public laws of ghteen hundred and
oighty-Seven as any matters arising
prior to the til of taking such oath.
-. Nor shall the amt due him as wage ;
for his personsabOr for time not
exceeding one nth ne"t preceding the
service of the pess and not exceeding
iwelty dollars. liable to attachment
On any trustee cess in a suit brought
against him vi any debt contracted
prior to said t. This section also
applies to any son arrested or COM
mitted to Jail IN mesne process or
exc 'ution. andich debtor shall be
taken by the ja Or officer having him
IL charge, befo he court for the pur-
loses herein sped. After the asSign-
ment and conHnce herein provided.
the register shaisposa of said debtors
property and cts to the best advan-
tage depositina his own name as
register in suchnk as the judge APP
proves. lll theonev coming into his
p hands belonging lid estate and keep
ing and render to the juuge a strict
. account CT its Osal, and the net pro-
ceeds thereof r dcducting the eX-
penseS OF the pledings. shall be divided
~ Dy tfe registero rata. among the
"a creditors of theitor named in his orig
NAL schedules. schedules as amended
by oraer of thldge, and such other