Gambar halaman
PDF
ePub

Sec. 39. That said property shall be sold on a credit of not to sell on more than nine months, nor less than three months; and the commissioner shall, in all cases of sale on credit, require and take bond or note, with sufficient security: Provided, That when one person shall not purchase to the amount of five dollars, the commissioner shall require of such purchaser, pay. ment at the time of sale.

Sec. 40. That the commissioner, after the assignment of the to collect deh rights and credits of any applicant, shall forthwith collect and assigned without reduce such rights and credits to possession, with as little ex-" pense as possible; and when in the opinion of the commissioner, any debtor of such applicant is insolvent, or any debt so assigned cannot be collected, the commissioner shall not put such debt in suit at the expense of the estate of the insolvent.

Sec. 41. That as soon as the commissioner shall have sold.com all the property assigned to him, and collected the proceeds of notify creditors sale, and also the money due to the applicant, or sooner if the by ad interests of the creditors require it, said commissioner shall their claims give notice to the creditors by advertisement, published for at Least three weeks successively, in some newspaper of general circulation in the county, to present their claims for dividend; which claims shall be presented to the commissioner, within sixty days from the day on which such notice shall be first pubLished as aforesaid.

Sec. 42. That the commissioner shall have power to com-Commissioner promise and settle all claims assigned to him, and to adjust, by empowered 10 arbitration or reference, all matters of dispute, wherein he arh may be interested as commissioner; and if any claim against assigned to him the applicant shall be presented to him, which he shall not al. etc. low, it shall be the duty of the commissioner, forthwith to notify such claimant, his agent or attorney, that his said claim is not allowed, and the commissioner shall defer making any divi. dend for twenty days after such notice given. ·

Sec. 43. That at the expiration of the time limited for the to make div'. presentment of claims as aforesaid, the commissioner shall dends amongst make an equitable dividend of the money in his hands, (after deducting the fees allowed by this act to be deducted there from,) amongst the creditors whose claims shall have been presented and allowed as aforesaid; and so from time to time, to make dividends as money shall come to his hands, first giving notice as aforesaid.

Sec. 44. That if the creditor, whose Claim is tot allowed creditor nesete by the commissioner, shall not, within the period of twenty ing to establish days after being notified as ahove provided, commence suith

Sun from dividend against the applicant, and prosecute the same to judgment, or otherwise procure his said claim to be allowed by the commig. sioner, he shall be barred of the next dividend thereafter to be made: Provided, That no acknowledgment of the defendant, made after his said application, shall be admitted in evl. dence, to prove such claim: Provided, also, That.if any suits

[graphic]

Ilahing his claim

cual In next

[ocr errors]

named in schedule, may estab.

share the divi

commenced as aforesaid, shall not be finally determined before the expiration of twenty days as aforesaid, the commissioner shall deser making a dividend until such suit shall be finally determined.

Sec. 45. That if any creditor shall fail to present and estaOreditor estub_blish bis claim, before a dividend shall have been made as after one divie aforesaid, and shall afterwards present and establish his claim dend, inade. as before provided, he shall receive upon such second, or other

subsequent dividend, such sum as will make him equal with those creditors who have before received a dividend: Provided, That no creditor in whose favor a dividend has been made, shall be bound to refund the same, or any part thereof, in favor of a creditor, whose claim shall have been established subsequent to such dividend made.

Sec. 46. That the commissioner is hereby authorized to er administer the oaths by this act required to be administered,

to any applicant and petitioner; and also to administer oaths to any other person, in any matter pertaining to the duties of bis office.

Sec. 47. That if any creditor whose name is not on the Creditor not schedule, shall present and establish his claim before the com

missioner, he shall be entitled to a dividend with the other lish claim and creditors; in which case, such creditor shall be bound by all

he divi- the provisions of this act, in the same manner as if he was derd

named in said schedule of creditors, made before the commis« sioner.

Sec. 18. That the commissioner shall {permit the applicant What property for relief ander this act, to retain for his own use, his ne.

cessary bed or beds and bedding, and the wearing apparel for himself and family, and such other property as by law is, or may be excepted from execution; which property, except the wearing apparel, shall be inventoried in a separate schedule, which shall be kept by the commissioner; and no copy thereof shall be returned to the court, unless ordered by the court and the commissioner: or the court, as the case may require, shall judge of the sufficiency or excess of the beds and bedding, or wearing apparel, so retained, and may allow the whole, or any part thereof to be retained, as shall be just.

Sec. 49. That all resignations of the office of commissioner Resignation of commissioner

of insolvents, shall be made in writing to the clerks of the court of common pleas of the proper county.

Sec. 50. That until a commissioner shall be appointed unCounty auditor to officiate aider this act, and qualified according to law, to act in each

county,'or in case of the death, absence or inability of said comtill one be ap

missioner, it shall be the duty of the county auditor to perform all the duties of commissioner of insolvents, as prescribed by law.

Sec. 51. That it shall be lawful for the courts of common Courts may apo pleas in each county, at any time aster the passage of this act,

to appoint å commissioner of insolvents, who shall give bond

applicant may retain

commissioner

pointed

point at any lime

and take the oaths prescribed by law; and the commissioner so appointed, shall enter upon the discharge of the duties of his office, after the taking effect of this act.

Sec. 52. That the commissioner shall have right to demand commi and receive from each applicant, the following tees, viz: For fees, and how writing a bond, twenty five cents; for writing the several sche-paid dules, inventories and assignments of property, hereinbetore required, ten cents for each hundred words; for any examination of the applicant before the commissioner, at the time of making the application, ten cents for each hundred words; for publishing notice of application in a newspaper, titty cents; and for each notice of such application to be set up, ten cents; and for the certificate of such application and discharge, iwen. ty-five cents; which fees the commissioner shall have right to d mand, before he shall be required to deliver to the applicant such certiscate: and at the final hearing and determination of the petition, no judgment shall be rendered by the court for such fees, if the petitioner shall have paid the same.

Sec. 53. That for making copies, to be returned to the furth court, as hereinbefore provided, and for all other writings res in relation quired to be done by any person under this act, the commis- to fecs sioner, or other person doing the same, shall be entitled to the same sum for each hundred words, that now is, or hereafter may be, allowed by law, to the master commissioner in chancery, for taking depositions; for publishing notice in a newspaper to creditors, to present their claims when the same shall be required by law, twenty five cents, in addition to the sum actually paid to the printer; and for each notice set up when required, twelve and a half cent-; and for all other services performed under this act, the commissioner, or other person performing the same, shall be entitled to a reasonable compensation, to be judged of and allowed by the court: which fees allowed by this section, and also the costs in court, may be retained, and paid by the coinmissioner out of any money that may come to his hands, out of the effects of the applicant.

Sec. 51. That it shall be the duty of every commissioner of Commissioner to insolvent. (..nd in case of death, then of their executors or deliver woks,

etc., to his suc administrators,) upon the appointment of a successor, to sur.cessor render and deliver over to such successor, all books, records, papers, assets, moneys and other property in his possession, by virtue of his office; and such successor shall receive and receipt for the same, and in all respects proceed as though such effects had originally come into his possession.

Sec. 55. That the act, entitled "An act for the relief of insolvent debtors," passed February 23d, 1824; and the act,

Acts repealgo entitled “An act to amend the act, entitled An act for the relief of insolvent debtors," passed December 29th, 1824; be, 'and the same are hereby repealed: Provided, That all applications and other proceedings commenced under said acts shall be carried on to a final determination, and dividend of the ef

[graphic]

fects of the petitioner shall be made accorring to the provis sions of said acts, in the same manner as if the same had not been repealed.

This act to take effect and be in force from and after the first day of June next.

JAMES M, BELL,
Speaker of the House of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate:
March 12, 1834.

oned for deht

Himits

Proviso

give bond to nie ditor with two of

AN ACT regulating prison bounde.
Sec. 1. Be it enacted by the General Assembly of the State of

* Ohio, That every person imprisoned for debt, either on mesne sha'lave allowed process or execution, shall be permitted and allowed the privi.

lege of prison bounds, wbich are or may be laid off and assigned hy metes and bounds, around or adjoining each county jail, by the judges of the court of common pleas: Provided, The same does not extend in any direction from said jail, more than four hundred yards; but such prisoner shall, in no instance, pass over or without said limits.

Seç. 2. That no prisoner shall be entitled to the privilege Prisoner must of prison bounds, until he shall have given bond to the creditors,

con with two or more sureties resident in the county, such as two wore sureties of the judges of the court of common pleas, or justices of the

peace shall approve of, in double the sum for which such prisoner stands committed, for the prisoner's safe continuing in the custody of the jailer, within the limits of said prison bounds, until legally discharged; which bond shall be lodged with the sheriff, until the creditor or creditors shall demand the same: and when the condition of said bond is broken, the creditor may put said bond in suit, and have judgment entered against tbe sureties, for the debt, interest and costs, for which the pri. Honer stands committed.

Sec. 3. That an act allowing and regulating prison bounds, Act repcaled passed December ninetcenth, 1799; and an act amendatory

thereto, passed December sixth, 1800; are hereby repealed.

This act shall take effect and be in force from and åster the first day of June next. .

MICHAEL BALDWIN, Speaker of the House of Representatives.

JOSEPH KERR,

Speaker pro tem, of the Senate: January 12, 1805.

AN ACT to amend the act, entitled "An act regulating prison bounds."

Sec. 1. Be it enacted by the General Assembly of the State of Prison bounda Ohio, That the prison bounds in the several counties in this extended State, shall be extended to the corporation limits of the town in which the prison may be situated: and in all cases where the town as aioresaid has not been incorporated, the bounds shall extend to the limits of the recorded town plat; any thing in the act to which this is an amendment, to the contrary, notwithstanding.

This act to take effect and be in force, from after the passage thereof.

JOSEPH RICHARDSON,
Speaker of the House of Representatives.
ALLEN TRIMBLE, ,

Speaker of the Senate.
February 1, 1821.

· AN ACT privileging certain persons from arrest and imprisonment.

cers of the Gene ral Assembly pos

Sec. 1. Be it enacted by the General Assembly of the State of Members and off Ohio, That the members of the Senate and House of Represen.com tatives, and the clerks, sergeant-at-arms, door keepers and mes- vileged from * sengers, of either branch of the General Assembly, shall be rest privileged from arrest during the sitting of the Legislature, and also during the time necessarily employed in traveling to, and returning from, the place of their meeting; allowing one day for every twenty five miles of the distance, by the road most usually traveled.

Sec. 2. That all proceedings in suits pending, in which any Penalty of the persons above mentioned is a party, shall be staid during rest during prin the time aforesaid: and who-ver shall arrest either of the per. lege sons above named, during the time they are entitled to privi. lege, as above provided, shall forfeit and pay for every such of fence, the sum of one hundred dollass; to be recovered, with costs of suit, by action of debt, in the name, and for the use, of the person injured.

Sec. 3. That all persons legally qualified to vote for repre. sentatives to the General Assembly, shall be privileged from. Electors pring arrest during the time of their attendance at the election, and les while on the way going to, and returning from, such elections. Sec. 4. That the judges of the supreme court, and the presi.

Also judges of By (dents of the courts of common pleas, shall be privileged from preme court and arrest while attending courts, and also during the time necessa-court of common rily employed in going to, holding, and returning from, the said pical courts, which it is made their duty to attend.

Şec. 5. That the associate judges of the several courts of Attorneys, offi common pleas within this State, during the sitting of their reo cero of court, sui

« SebelumnyaLanjutkan »