75 – When Assignment to Be Directed.
§ 75. When assignment to be directed. An order, directing the execution of an assignment, must be made by the court, where it appears, by the verdict of the jury; or, if a jury has not been demanded, or the jurors have been discharged by reason of their inability to agree, where it satisfactorily appears […]
76 – Assignment; Contents, and to Whom Made.
§ 76. Assignment; contents, and to whom made. The order must designate one or more trustees, residents of the state; and must direct the petitioner to execute, to him or them, an assignment of all his property, at law or in equity, in possession, reversion, or remainder, excepting only so much thereof, as is exempt […]
77 – Trustees, How Designated.
§ 77. Trustees, how designated. The trustee or trustees may be nominated by a majority in amount of the consenting creditors. If no person is so nominated, one or more persons must be appointed by the court for the purpose. The nomination may be included in the consent, or made in a separate paper, or […]
78 – Effect of Assignment.
§ 78. Effect of assignment. The assignment vests in the trustee or trustees all the petitioner’s interest, legal or equitable, at the time of its execution, in any real or personal property, not exempt by law from levy and sale by virtue of an execution; and any contingent interest which may vest within three years […]
79 – When Discharge to Be Granted.
§ 79. When discharge to be granted. Upon the production by the petitioner of a certificate of the trustee or trustees, duly acknowledged or proved, and certified, in like manner as a deed to be recorded in the county, to the effect, that the insolvent has assigned, for the benefit of all his creditors, all […]
80 – Order to Show Cause Where Trustee Refuses to Give Certificate.
§ 80. Order to show cause where trustee refuses to give certificate. If a trustee refuses or neglects, upon payment or tender by the petitioner of the expense of so doing, to execute or acknowledge a certificate, as prescribed in the last section, or to cause the assignment to be recorded, as therein prescribed, the […]
81 – Proceedings Upon Return of Order.
§ 81. Proceedings upon return of order. If, upon the return of the order, it appears that the assignment has been duly executed, and that the petitioner has duly delivered all his property directed to be assigned, and all the books, vouchers, and papers relating thereto, which are capable of delivery, the court may, either […]
71 – Proceedings if Jurors Do Not Agree.
§ 71. Proceedings if jurors do not agree. There shall be but one trial by jury. If the jurors cannot agree, after being kept together for such a time as the court deems reasonable, the court must discharge them, and determine the questions of fact, or those questions as to which the jurors have not […]
62 – When Non-Resident Creditor to Annex Accounts and Securities.
§ 62. When non-resident creditor to annex accounts and securities. A consenting creditor, residing without the state, and within the United States, must annex to his consent the original accounts, or sworn copies thereof, and the original specialties or other written securities, if any, upon which his demand arose or depends. Provided, however, that when […]
63 – Petitioner’s Schedule.
§ 63. Petitioner’s schedule. The petitioner must annex to his petition a schedule, containing: 1. A full and true account of all his creditors. 2. A statement of the place of residence of each creditor, if it is known; or, if it is not known, a statement of that fact. 3. A statement of the […]