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Creditors omitting to deliver ac

vidend, etc.

among the creditors thereof as hereinbefore specified; and in the same manner from year to year, so long as any money belonging to the estate of such debtor shall remain in the hands of the assignees, they shall make a dividend thereof among the creditors entitled thereto.

(5516.) SEC. 38. Any creditor who shall have neglected to count on first di deliver to the assignees an account of his demand, before the first, second or other dividend, and who shall deliver such account to them before the second or other subsequent dividend, shall receive the sum he would have been entitled to on any former dividend, before any distribution be made to the other creditors.

Unclaimed dends.

divi

Surplus to be paid to debtor.

Assignees to ren

der account on

same with Clerk.

(5517.) SEC. 39. If any dividend that shall have been declared, shall remain unclaimed by the person entitled thereto, for one year after the same was declared, the assignees shall consider it relinquished, and shall distribute it, on any subsequent dividend, among the other creditors.

(5518.) SEC. 40. If, after settling the estate of any debtor, and after discharging his debts to creditors entitled to a dividend, any surplus shall remain in the hands of the assignees, the same shall be paid to such debtor or his legal representatives.

(5519.) SEC. 41. Within ten days after any dividend made Gath, and file by any assignees, they shall render on oath, and file with the Clerk of the Circuit Court for the County in which they reside, an account in writing of all their proceeding in the premises, stating:

Assignees subject to order of

and may be removed.

1. Their disbursements, commissions, and the dividends. made by them;

2. The names and residences of the creditors to whom dividends were made, and the names of those actually receiving them; and:

3. The property, moneys and effects of the debtor, remaining in their hands, and the value and situation of such property, and such assignees may at any time be compelled by a rule of such Circuit Court, to render such account on oath, on the application of the debtor or any creditor.

(5520.) SEC. 42. Such assignees shall be subject to the order Circuit Court, of the Circuit Court for the County in which they reside, upon the application of any creditor, or of any debtor in respect to whom they were appointed, in relation to the execution of any of the powers and duties confided to them, and they may be removed by such Court for cause shown.

moved, etc., new pointed.

(5521.) Sec. 43. Whenever any assignee shall be removed or If Assignee be reshall die, or become incapacitated to perform his duties, the one may be ap officer who originally appointed such assignee, or in case of his absence, death or removal, any other officer residing in the county where such assignee was resident, who by law would have been empowered to make such appointment, after giving notice, and an opportunity to the creditors to propose proper persons, may appoint another in the place of such assignee, who shall in all respects have the like powers and authority, and be subject to the same control, obligations and responsibilities; and the said appointment shall be certified and recorded as the original appointment was required to be recorded.

to renounce may

show cause.

(5522.) SEC. 44. Any assignee who shall be desirous of Assignee wishing renouncing the trust vested in him, may apply to the officer obtain order to from whom his appointment was received for an order to allow all persons interested to show cause why such renunciation. should not be accepted.

may be made to

(5523.) SEC. 45. If the officer who made the appointment When application shall not then be an officer, such application may be made to other officer. any other officer of the county having authority by law to appoint such assignee in the first instance.

accompanied by

(5524.) SEC. 46. Such application shall be accompanied by Application to be a full, true and just account of all the transactions of such statements. assignee, in that character, and particularly of the property, moneys, and effects received by him; of all payments made, either to creditors or otherwise; and of the remaining estate and effects of the debtor, in respect to whose estate he was appointed an assignee, within his knowledge, and the situation of the same.

annexed.

(5525.) SEC. 47. To such account shall be annexed the affida- Amdavit to vit of the assignee, that the said account is in all respects just and true, according to the best of his knowledge and belief; which affidavit shall be subscribed and sworn to before the officer to whom the application is made, and shall be certified by him.

lished

(5526.) SEC. 48. Such officer shall thereupon grant an order, Notice to be pubdirecting notice to be given to all persons interested in the estate of the debtor in respect to whom such assignee was appointed, to show cause on a day and at a place therein to be specified, why he should not be permitted to renounce his appointment, and such notice shall be published once in each week, for six weeks successively, in the State paper, or

Hearing.

Assignee to re

when to be

granted.

such other newspaper or newspapers, as the officer shall direct.

(5527.) Sec. 49. On the day appointed for such hearing, and on such other days as shall from time to time be appointed, if it shall appear that the notice was duly published, the officer shall proceed to hear the proofs and allegations of the parties.

Order allowing (5528.) SEC. 50. If it shall appear that the proceedings of nounce, etc., such assignee in relation to his trust, have been fair and honest, and particularly in the collection of the property and debts vested in him, and if such officer shall be satisfied, that for any reason, it is inexpedient for such assignee to continue in the execution of the duties of his appointment, and that such duties can be executed by another assignee without injury to the estate of the debtor, or to the creditors, and if no good cause to the contrary appear, such officer shall grant an order allowing such assignee to renounce his appointment, and to assign the property and effects of the debtor.

Assignes to Execute Assign. ment.

ment; powers,

signee.

(5529.) SEC. 51. Such assignment shall be executed by the assignee, to such person or persons as the officer shall appoint for that purpose; and in such appointment such person as shall have been named to be assignee by the creditors, or by the major part of them, shall be preferred if approved by such officer.

Effect of Assign- (5530.) SEC. 52. Such assignment shall transfer to the peretc., of new As son to whom it shall be made, all the remaining estate and effects vested in the assignee so renouncing; and such new assignee shall have the same powers, be subject to the same duties, and be entitled to the same compensation as the original assignee, and shall continue any suit that may have been commenced by such original assignee in his name, or in that of such new assignee.

When order to be made discharging Assignee.

(5531.) SEC. 53. Upon producing to the officer allowing such assignment, the certificate of the assignee, duly proved by the oath of a subscribing witness, that such assignment has been duly made, and the property capable of delivery, belonging to such estate, together with the books, vouchers and documents, relating to the said estate, have been duly delivered, and also a certificate of the Register of Deeds of the County that such assignment has been recorded; such officer shall grant to the assignee so applying an order that he be discharged from his trust.

(5532.) SEC. 54. Upon such order being granted, such

upon discharged

liabilities.

assignee shall be discharged from the trust reposed in him, and Assignee therehis power and authority shall thereupon cease, but he shall, subject to prior notwithstanding, remain subject to any liability he may have incurred, at any time previous to the granting of such order, in the management of his trust.

to be recorded,

filed.

(5533.) SEc. 55. Such new assignment, upon being duly New Assignment proved or acknowledged, shall be recorded in the office of the and petition, etc., Register of Deeds of the County where such order was granted; and the petition of the assignee, the affidavit and proceedings thereon, with the certificate of the new assignee, shall be filed in the same office where the original papers and proceedings in respect to such debtor were filed.

paid out of es

(5534.) SEC. 56. The expense of all proceedings in effecting Expenses to be such renunciation and assignment, shall be paid out of the tate. estate in the hands of the assignee making the application.

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oned may apply

(5535.) SECTION 1. Every person who shall be imprisoned Persons imprisby virtue of one or more executions in civil causes, may make for discharge. application for his discharge from imprisonment in the cases. and in the manner hereinafter specified. (a)

(a) As Amended by Act 105 of 1847. Laws of 1847, p. 172, Sec. 14.

may be made.

When application (5536.) SEC. 2. Such application may be made at the times following, that is to say:

Sheriff or Jailor to notify cfficer.

time and place

and notice there

1. If the amount due on such executions shall not exceed twenty-five dollars, after he shall have been imprisoned thirty days;

2. If the amount due on such executions be more than twenty-five dollars, and not exceeding fifty dollars, after he shall have been imprisoned sixty days;

3. If the amount due on such executions be more than fifty dollars, and not exceeding one hundred dollars, and after he shall have been imprisoned ninety days;

4. If the amount due on such executions be more than one hundred dollars, and not exceeding five hundred dollars, after he shall have been imprisoned six months;

5. If the amount due on such executions shall exceed five hundred dollars, after he shall have been imprisoned nine months. (b)

(5537.) SEC. 2. The person so entitled to apply for his discharge, may represent to the jailor or Sheriff in whose custody he shall be, that he is unable to pay the amount due on the execution or executions, by virtue of which he is imprisoned, and is desirous to take the benefit of the law for the relief of poor debtors, and thereupon such Sheriff or jailor shall make such desire known to a Circuit Court Commissioner or Judge of the Circuit Court for the same County.

(5538.) SEC. 3. The officer to whom such desire shall be for examination, so made known, shall thereupon appoint a time and place of to be given. within the same county, for the examination of such debtor, and notice of such time and place shall be given to the plaintiff in every such execution or his attorney, if within the same or any adjoining county, at least three days before such examination.

When and how notice to be published, etc.

Hearing before officer.

(5539.) SEC. 4. If neither such plaintiffs nor their attorneys shall be found within either of such counties, such notice shall be published by posting the same upon the outer door of the jail in which such person is imprisoned, at least six days before such examination.

(5540.) SEC. 5. On the day appointed for such examination, the Sheriff or jailor shall have the prisoner at the place

(b) Added by Act 105 of 1847, Sec. 14

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