Gambar halaman
PDF
ePub

Dis

and be entitled to two representatives. District No. 24 shall consist of the county of Colfax, and be entitled to one representative. District No. 25 shall consist of the counties of Platte and Colfax and be entitled to one representative. District No. 26 shall consist of the county of Butler, and be entitled to two representatives. District No. 27 shall consist of the county of Polk, and be entitled to one representative. District No. 28 shall consist of the counties of Polk, Merrick, and Nance, and be entitled to one representative. District No. 29 shall consist of the county of Saunders and be entitled to three representatives. District No. 30 shall consist of the county of Lancaster, and be entitled to six representatives. District No. 31 shall consist of the county of Seward, and be entitled to two representatives. District No. 32 shall consist of the county of York, and be entitled to two representatives. District No. 33 shall consist of the county of Fillmore, and be entitled to two representatives. District No. 34 shall consist of the county of Saline and be entitled to three representatives. District No. 35 shall consist of the county of Gage and be entitled to three representatives. District No. 36 shall consist of the county of Jefferson, and be entitled to two representatives. trict No. 37 shall consist of the county of Thayer and be entitled to two representatives. District No. 38 shall consist of the county of Nuckolls, and be entitled to one representative. District No. 39 shall consist of the county of Webster, and be entitled to one representative. District No. 40 shall consist of the county of Franklin and be entitled to one representative. District No 41 shall consist of the counties of Franklin and Webster, and be entitled to one representative. District No 42 shall consist of the county of Clay, and be entitled to two representatives. District No. 43 shall consist of the county of Hamilton, and be entitled to two representatives. District No. 44 shall consist of the county of Merrick, and be entitled to one representative. District No. 45 shall consist of the county of Hall, and be entitled to two representatives. District No. 46. shall consist of the county of Howard, and be entitled to one representative. District No. 47 shall consist of the county of Adams, and be entitled to two representatives. District No. 48 shall consist of the county of Buffalo, and be entitled to two representatives. District No. 49 shall consist of the counties of Valley, Greeley and Wheeler, and the unorganized territory west of Wheeler and east of the fifty-seventh representative district, and be entitled to one representative. District No. 50 shall consist of the counties of Sherman and Custer and be entitled to one representative. District No. 51 shall consist of the county of Kearney, and be entitled to one representative. District No. 52 shall consist of the county of Harlan, and be entitled to one representative. District No. 53 shall consist of the counties of Harlan and Phelps, and be entitled to one representative. District No. 54 shall consist of the county of Furnas, and be entitled to one representative. District No. 55 shall consist of the county of Red Willow, and be entitled to one representative. District No. 56 shall consist of the counties of Frontier, Gosper, Hitchcock, Hayes, Dundy and Chase, and be entitled to one representative. District No. 57 shall consist of the county of Dawson, and be entitled to one representative. District No. 58 shall consist of the county of Lincoln and the unorganized territory north of Lincoln and south of the twentieth representative district, and be entitled to one representative. District No. 59 shall consist of the counties of Cheyenne, Keith, Sioux, and the unorganized territory north of Keith, and be entitled to one representative.

CHAPTER 6.-ASSIGNMENTS.

SECTION 1. [Inventory. That in every case in which any person shall make a voluntary assignment of his estate, real or personal, or both, or any part thereof, to any person or persons in trust for his creditors, it shall be the

NOTE. "An act relating to voluntary assignments for the benefit of creditors, and to assignees therein named, and the settlement of their accounts.” Took effect June 1, 1877. SEC. 1. Property held by an assignee, under a valid assignment, is not subject to attachment or garnishment for the assignors debts. 7 Neb. 283. An assignment under a law of Illinois [Laws 1877, p. 115] is no bar to creditors right of action in Nebraska. 10 Neb. 220.

duty of the assignee or assignees, within thirty days after the execution thereof, to file in the office of the clerk of the district court, in the county in which the assignor shall reside, an inventory of all the estate or effects so assigned, accompanied with an affidavit by such assignees that the same is a full and complete inventory of all such estate and effects, so far as the same has come to their knowledge. [1877 § 1, 24.]

SEC. 2. [Appraisers.]-The district court of such county, or judge thereof in vacation, shall, upon application of such assignee or assignees, appoint three disinterested and competent persons to appraise the estate and effects so assigned; and said appraisers, having first taken an oath or affirmation before some person having authority to administer oaths, to discharge their duty with fidelity, shall forthwith proceed to make an appraisement of the estate and effects assigned according to the best of their judgment, and said appraisers shall receive the same compensation as is allowed by law to appraisers of real estate taken upon execution.

SEC. 3. [Bond of assignee.]-The assignee or assignees aforesaid shall, as soon as such inventory and appraisement shall have been filed, give a bond or bonds, with one or more sufficient sureties, to be approved by the clerk of said court, in double the amount of the appraised value of the estate so assigned; which bond shall be taken in the name of the State of Nebraska, and the condition thereof shall be as follows, viz.:

"The condition of this obligation is such that if the above bounden... ...assignees of..

.shall, in all things, comply with the provisions of this act of the legislature in such case made, and shall faithfully execute the trust confided to them, then the above obligation to be void, otherwise to remain in full force and virtue."

And such bond shall be filed in the office of the clerk 6f said court, and shall by him be entered on the journal and record of said court, and shall inure to the use of all persons interested in the property assigned.

SEC. 4. [Appointments to be published.]-The assignee or assignees aforesaid shall, immediately after the execution of such bond aforesaid, publish in some newspaper printed and published in said county, or if no such newspaper shall be printed in said county, then in some newspaper in general circulation in said county, a notice of such appointment as assignee; and such [each] creditor of such assignor shall, within six months thereafter, file with said assignee a statement of his or her claim against said assignor, and on failure to file such statement, such claimant shall be barred from any interest or share in any assets or proceeds of the estate of such assignor appropriated and applied to creditors as dividends or distribution of the estate of such assignor.

SEC. 5. [Effect of assignment.]-All assignments of property in trust which shall be made by any debtor on account of inability, at the time of the assignment, to pay his debts, to prefer one or more creditors, (except for the payment of wages of labor,) shall be held and construed to inure to the benefit of his creditors in proportion to their respective demands, and all such assignments shall be subject, in all respects, to the provisions of this act; Provided, That the claims of laborers thus preferred shall not severally exceed the sum of one hundred dollars.

SEC. 6. [Conditions.]—Any condition in such assignment for the payment

SEC. 3. The clerk may act as assignee and his approval of his own bond does not render his acts void. 9 Neb. 10. SEC. 6. Where an assignment contained a provision authorizing the assignee "to dispose of the same in any manner whatsoever as freely and lawfully as the assignor could do himself, which the said party of the second part, trustee as aforesaid may deem advisable to do, tending in his opinion to convert the same into money, for the benefit of all interested," it was held void, as authorizing a sale on credit, and an exchange of the property assigned for other property or notes, bonds, etc., 7 Neb. 21. But where the assignee was authorized “sell and dispose of the property and generally convert the same into money, upon such terms and conditions as in his judgment may appear just and for the interest of all parties interested," it was held good. 9 Neb. 6. That the property cannot be applied at once to the payment of the debts will not invalidate the instrument, if the delay is such as necessarily results from a reasonable exercise of the power given to the trustee, and is not the result of the condition of the instrument. Id. 9 Neb. 46. An assignment of" all the lands, tenements, hereditaments, goods, chattels, property and choses in action, of every name, nature and description, wherever the same may be (except such property as is exempt by law from execution)" is not void on its face. 9 Neb. 40. A pro

of creditors only who shall execute a release, shall be taken as a preference in favor of such creditors, and be void, and the assignment shall be held and construed to inure to the benefit of all the creditors in proportion to their respective demands.

SEC. 7. [Assignment void if not recorded.]-All assignments so made and executed as aforesaid, which shall not be recorded in the office for the recording of deeds in the county in which said assignor resides, and in the county in which real estate so assigned is situate, within thirty days after the execution thereof, shall be considered null and void, as against any of the creditors of said assignor, and subsequent bona fide purchasers without notice.

SEC. 8. [Citation to assignee.]-Whenever it shall be made to appear to the court having jurisdiction as aforesaid, or to the judge thereof during vacation, on the application of any person interested in the trust estate, that an assignee as aforesaid has neglected or refused to file a true and complete inventory, or give bond with surety as hereinbefore required, or to file the accounts of his trust as hereinafter required, or that such assignee is wasting, neglecting, or mismanaging the trust estate, or is in failing circumstances, or has removed, or is about to remove out of the jurisdiction of the court; in any such case it shall be lawful for such court, or the judge thereof, to allow a citation to issue to such assignee, requiring him to appear before the court, or judge thereof in vacation, at a time to be therein named, to show cause why he should not be dismissed from the trust.

SEC. 9. [Additional security.]-On the return of such citation, such assignee shall be required to give such other and further security as to the court, or the judge thereof, may think reasonable; or the court, or judge thereof, may at once dismiss such assignee from the trust.

SEC. 10. [Same.]-The like proceedings may be had whenever it shall be made to appear to such court, or judge thereof, that any person who shall have become surety for any assignee as aforesaid, in any bond, for the due execution of the trust, is in failing circumstances, or has removed, or is about to remove out of the state.

SEC. 11. [Appointment of assignee by the court.]-The district court, or judge thereof, having jurisdiction as aforesaid, shall have power to appoint assignees as aforesaid in the following cases, viz.: First. When any assignee, named in the voluntary assignment, shall refuse to act under or accept the trust. Second. When any such assignee shall die, or shall have been declared to be a lunatic or habitual drunkard, or be dismissed by the court from the trust, and such appointment may be made on the application of any person interested in the estate or property which is the subject of the trust.

SEC. 12. [Duties of assignee.]-Every assignee so appointed by the court, or judge thereof, shall be liable to the same duties, shall have the same powers and authorities in relation to the trust, or the further execution of the same, as the case may be, and shall be subject to the jurisdiction and control of the court, or judge thereof, in the same manner as his predecessor in the trust.

SEC. 13. [Powers of the court.]-Upon the appointment of any assignee as aforesaid, it shall be lawful for the court, or judge thereof, to order and direct all books, papers, moneys, and all the trust estate and effects whatsoever, to be forthwith delivered or transferred to such persons as the court, or judge, may appoint as aforesaid, upon security being given by such person as hereinbefore required, and such trust estate and effects shall forthwith pass to and be vested in such succeeding assignee.

vision in an assignment that an assignee may compromise choses in action when he deems it expedient, held, to give authority to compromise only doubtful claims. Id. A reservation to pay over to the assignor "the rest, resi due and remainder, if any there be after paying said costs, charges, expenses and debts aforesaid" does not ren. der an assignment void. Id. 7 Neb. 430.

SEC. 7. Deeds of assignment under this act must be acknowledged in same manner as deeds of real estate. 10 Neb. 514.

SEC. 8. The entire proceedings are under the control of the district court or judge thereof, and it is the duty of the court or judge, upon proper application, to see that the assignee properly discharges the duties of his trust. 9 Neb. 40. As to the remedy against an assignee, before the passage of this act, where he neglected to collect the assets and render them available, or to settle claims of creditors etc., see 9 Neb. 353.

SEC. 14. [Same.]-It shall be lawful for the court having jurisdiction as aforesaid, or the judge thereof in vacation, to make all such orders and decrees from time to time as may be necessary for carrying into effect any trust aforesaid, or for the distribution of moneys in the hands of such assignee, or for the settlement of the accounts of such assignee, or for the delivery or transfer of such trust estate and effects to the person appointed assignee by the court as aforesaid, and also to issue process for the appearance of persons amenable to its jurisdiction in such cases, and to compel obedience to its orders and decrees, and enforce the execution thereof. And the court shall allow such assignees such compensation out of the funds or effects in their hands for their services as shall be reasonable and just.

SEC. 15. Accounts of assignees.]-It shall be lawful for the said district court, or judge thereof during vacation, on application of any person interested in such trust estate, or any co-assignee, to issue a citation to any assignee for the benefit of creditors, whether appointed by voluntary assignment, or in pursuance of the provisions of this act requiring such assignee to appear in said court, or before said judge, and exhibit, under oath or affirmation, within a certain time to be named in such citation, a full and complete account of the management of the trust estate, and to perform such other acts or things as may be required by, or shall be consistent with, the duties of the trust; Provided, That no such citation shall be issued until after the expiration of one year from the date of the assignment to, or appointment of such assignee.

SEC. 16. [Legal representative.]-The legal representative of any such assignee may in like manner be cited to exhibit in court an account of the management of such trust estate of the assignee in his life-time.

SEC. 17. [Settlement of accounts.]-Such assignee aforesaid may, with leave of the court, or judge thereof, make a voluntary final settlement of his accounts or settlements of his accounts from time to time, so far as he may have executed the trust, and the same shall be filed in the office of the clerk of the court.

SEC. 18. [Notice.]—The court, or judge, shall, by general order, or by such order as the circumstances of any particular case may require, direct the clerk thereof, to give notice of the exhibition and filing of every account so filed as aforesaid, during such time and in such newspapers as the court shall direct, setting forth in such notice that the account will be allowed and confirmed at a certain time to be stated in such notice, unless cause be shown why the same should not be allowed. The expense of such publication shall be paid by the assignee at the time of filing such account, and shall be passed to his credit in such account.

SEC. 19. [Exceptions-Reference.]-On the filing of any accounts by any assignee or his legal representatives as aforesaid, it shall be lawful for any person interested in such trust estate to file in said court exceptions to such accounts, or to parts thereof, and thereupon the court, or judge, may refer the same to one or more referees, not exceeding three in number, who shall be sworn or affirmed, well and truly to audit and adjust, and re-state such accounts, and make report thereof, together with the proofs taken therein, to the court or judge; and upon the filing of such report, any person or persons interesting [ed] in such trust estate, may file exceptions to such report, or any part thereof, which exceptions shall be heard and determined by the court or judge thereof.

SEC. 20. [Powers of referee.]-The referee or referees so appointed shall have the same power to summon and enforce the attendance of witnesses before them, to administer oaths on the hearing of such case, to examine such assignee, upon oath, touching the execution of the trust, to compel the production of any books, papers, or other documents necessary to a just decision of any question before them, and to grant adjournments, as the court or judge, upon such hearing, might have. And depositions to be read in evidence on the hearing of such case, may be taken by any person interested in such trust estate, in the manner and under the rules prescribed by the code of civil procedure of this state for the taking of depositions.

SEC. 21. [Statement of assignee Settlement-Notice.]-Such assignee or assignees aforesaid shall, every six months, file with the clerk of the district court in the county a full and complete statement of his or their doings. in the premises, which statement shall be open to the inspection of any of the creditors of the trust or estate at all times, and the said assignee or assignees may, at their option, make a full and final settlement of their trust by giving notice in some newspaper published in said county, or if no such newspaper shall be published in said county, then in some newspaper having general circulation in said county, that he or they will appear in open court for the purpose of making such final settlement, and asking for a full and complete discharge from the trust aforesaid; and if upon examination of the statement of such assignee by the court, it shall appear that the trust or estate has been disposed of for the benefit of the creditors, the court, or judge thereof, shall enter or cause to be entered a full and complete discharge of the assignee or assignees, which shall forever release him or them from any further obligation in the premises, unless in case of fraud. SEC. 22. [Removal of assignee.]-When any assignee shall remove out of the county in which he resided at the time of his appointment, or shall not possess real or personal property in such county sufficient to satisfy any order or decree made against him by the court of such county, or judge of said court, it shall be lawful for such court, or judge, to issue process to the county in which he may have real or personal estate amenable to such process, and such process shall be executed by the sheriff, or coroner, as the case may require, of the county of which such assignee may be, or may have real or personal property.

SEC. 23. [Appeal.]-Any assignee, or person interested in such trust estate, may appeal from the final order or decree of the district court, or judge, in any case relating to such assignee, or the settlement of their accounts, to the supreme court of the state, but such appeal shall be confined to the matters excepted to in the district court, or before said judge; and the person appealing shall, within thirty days from the rendition of such decree, or the making of such final order, file in the office of the clerk of the district court, a notice in writing of such appeal, and upon causing a minute thereof, and of the date thereof, to be made in the case upon the appearance docket of said court, the appeal shall be deemed properly taken.

SEC. 24. [Transcript to be filed in supreme court.]-The appellant shall, within six months after the date of the rendition or the making of such final order, procure from the clerk of the district court a certified transcript of the proceedings had in such case in the district court, containing the decree rendered, or final order made therein, and all the testimony and proofs relating to the subject matter excepted to as aforesaid, and have the said case properly docketed in the supreme court; and on failure thereof, the decree rendered, or final order made, in the district court, shall stand and be proceeded in as if no appeal had been taken.

SEC. 25. [Assignments heretofore made.]-In all cases of voluntary assignment heretofore made by any debtor for the benefit of his creditors, the assignee or assignees named in such voluntary assignment shall be subject to all the provisions of this act, and on application to said court, or judge thereof, by any person interested in such trust estate, said assignee or assignees may be required to give bond or bonds, with sufficient security, in manner and form provided in section three of this act.

CHAPTER 7.-ATTORNEYS.

SECTION 1. [Qualification for admission.]-No person shall be admitted to practice as an attorney in the supreme and district courts of this state hereafter, unless such person shall have previously studied in the office of a'

SECS. 1-14. Chap. III., R. S. 14; except sections 15-21, which were superseded by act relative to district attorneys. Chap. 5, G. S. 94. "An act to provide for the allowance and recovery of attorneys' fees in certain Passed and taking effect Feb. 18, 1873, [G. S. 98,] was repealed, Laws 1879, 78. The repealing act

cases.

« SebelumnyaLanjutkan »