The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-09-04
PUBLIC LAWS, PASSED At THE
JANUARY SESSION, 1908.
The Chapters OF the Public Laws are
numbered continuously from the General
Laws, Revision OF l6J6.l


Laws. Revision OF 1861
CHAPTER 1877.
AN ACT Relating 70 Proceedings In In
sOlYency.
(Passed May 2G, 1908)
II is enacted by the General Assembly a
follows:
GENERAL PROVISIONS.
Section ]. The superior court shall hav
Jurisdiction OF all cases and proceeding
arising under this chapter: Provided, tina
whenever the insolvents or some one o
them is an inhabitant Of Providence
Kent or Bristol county the papers shal
be filed IN the clerks Office Of said cour
In PrOvidence;, and whenever they o
some one OF them Is an inhabitant o
either Newport or Washington county
Ia the clerks Office OF said court In New
port or South Kingstown, respectively
All hearings may be had wherever saic
superior court may be in session. and on,
OF the justices OF said superior cour
shall be a quorum therein for all pur
poses, except on rehearng by the su
premG court as hereinafter provided.
Sec. 2. Any party aggrieved by any de
cislon or order Of single Justice upoi
any question arising In any proceeding
hereunder may have n rehearing Thereon
by the supreme court by claiming tn,
same IN writing filed with the clerk q
any time within ten days after the entry
Of such decision or order; and also tn
said justice, II he deem II advisable, MAJ
at once certify any question TO the ST.
prone court The decision OF said 81
prcme court shah be final and conclusiv
on such rChcarinR.
Sec. 3. The superior court by genera
rule or special order shall regulate a
proceedings ana the forms thereof unde'
this chapter and single justice Thereof
shall have fun power TO regulate al
questions Of costs and compensation To-
which no special provision is hereif
made.
Soc L. The proceedings in all cases OF
Insolvency shall be deemed matters ot
record; but the same shall not be re
quired 10 be recorded at large. but shal
be- filed and numbered I'm the office OF tn,
clerk OF said superior court, and a docket
only, or short memorandum thereof, shall
be kept by the clerk OF the said superior
court in books to be provided for that
purpose,
Sec. 8. The justices of the superior
court shall appoint I'm each county a
standing register I'm Insolvency FOR such
county
Sec. 6. The superior court, or any Jus
tice thereof, or the register on applica-
ton Of any party II .erested. may require
any person who is n competent witness
ullbtI the laws OF lllS state 10 appear De
fore said court, justice, or register, to be
examined upon matters touching the acts
or conduct of the insolvent concerning his
assets, and such court. justice, or register
may enforce such order by suitable proc
csS before said court, justice, or register.
respectively.
Sec. 7. The superior court shall desig-
nate by order I'm each county one or more
newspapers therein published I'm which
all ip.I 70 Ia t,tt11 112I,a Ixy
this chapter, and all orders which the
court may require 10 be published, shall
be inserted. Any justice may, however.
In any case, for special casse, designate
some newspaper other than or In addi-
ton TO those 80 designated for that pur-
pose
Sec. 8. Whenever I'm this chapter or In
any proceedings hereunder, time Is meas
urcd by days. the number of days shall
be computed by excluding the first and
including the last, unless the last fall on
n Sunday or a legal holiday, i'm which
event the day last included shall be the
day next thereafter which is not a Sunday
or legal holiday The time within which
proceedings may be commenced TO avoid
convey0nccs gifts. liens, transfers, attach
ments and levies under provisions of sec
tion seventeen of this chapter shall date
from the day Of the recording. registering
filing, or adopting the conveyance, gift,
lien, or transfer, In all cases where such
recording, hling, registering or adopting
Is legally required or permitted. other
WISE from the date when the creditor.
his servants or agents, dealing with the
debtor, takes exclusive possession Of such
property or rights or valuable thing: and
I'm case OF levy under attachment or eX-
ccutiou. on the date OF such levy The
time within which certain proceedings or
acts shall constitute a preference by a
debtor shall begin from the date OF the
recording OF the conveyance. or the crea-
ton or levy OF the lien or process, or
from the date when the creditor, his
agents or servants, dealing with the debt
or. takes exclusive possession OF the debt
or's property.
Sec. .. The court may at any time order
any assets belonging TO any estate TO be
deposited I'm any trust company or ma
toual bank I'm this state, to be by II
designated.
Sec. 10. a person adiudged an insolvcnt
shall bc exempt from arrest upon civil
process upon any claim from which his
discharge in insolvency would be a re-
lease.
Sec. If. Tho provisions OF this chapter
shall apply TO petitions by or against cor
poratons chartered by or UNDER the au-
thority OF this state and by or against
copartncrs whose firm is established and
doing business in this state. and by or
against any copartucrship established and
doing business I'm this state. and by or
against any inhabitants OF this state.
owing debts In this state TO the amount
of three hundred dollars or over. and
they or any OF them may be adjudged an
iusolvcnt under this Chapter either upon
his. their, or its petition, or upon petition
against him, Il. or thom.
or VOLUNTARY AND INVOLUNTARY
PROCEEDINGS IN INSOLVENCY.
Sec. IL. Any mhabtant OF this state ow-
ing debts I'm this state 10 the amount OF
three hundred dollars or more, ana who
shall be insolvcut. may prefer his vol
untary petition under oath for relief as
an insolvent.
Sec. Is. Every voluntary petitioner shall
file under oath. with his petition. n state
mont OF all his debts and TO whom due.
OF the residences OF his creditors, OF the
evidences and securities II any, OF the
amounts due. and also schedule and
particular description. under oath. OF all
his property. assets. ana estate OF every
kind and nature, in possession or action.
remainder or revcrsion. wherever situate.
together with a statement OF where IL is
situated. except only such property. other
than bills OF exchange and negotiable
promissory notes. ms may bc exempt from
attachment Nv the law OF this state.