Publication of Notice. 976. Notice for Publication. NOTICE of application for the discharge of an insolvent from his debts, pursuant to the provision of the 3d article of the 1st title of the 5th chapter of the 2d part of the Revised Statutes. county of Notice first published 18. Creditors to appear before the Hon. M. N., county judge, in and for the county of at his chambers, at the City [Signature and address of the insolvent or his attorney.] COUNTY OF the office of the of 88. 977. Affidavit of Publication. being duly sworn, says, that he is a clerk in a daily paper printed and published in the city once a week for ten weeks suc and that the notice, of which a printed copy is annexed, has been regularly published in the said cessively, commencing on the 978. Notice for Service on Creditors. Before the Hon. M. N., county judge of In the Matter of the application of A. B., an insolvent debtor, together with his creditors, etc., pursuant to art. 3, chap. 5, title 1, part 2, of the Revised Statutes. day of County. PLEASE take notice, that on the sand eight hundred and judge, in and for the county of an insolvent debtor, and so many of his creditors, residing within the United States, whose debts amounted to at least two-thirds of all the debts owing by the said A. B. to creditors residing within the United States, requiring all the creditors of the said A. B. to show cause before said judge at his chambers, at the City Hall, city of on the day of 18 " at noon of that day, why an assignment of the estate of said A. B. should not be made, and he be discharged from his debts, pursuant to the provisions of the third article of the fifth chapter of the first title of the second part of the Revised Statutes. in the year one thou, an order was granted by M. N., county on the petition of A. B., of o'clock in the [Date.] [Signature and address of insolvent or his attorney.] G. H., of said city, being duly sworn, says, that he served a notice in writing, of which the foregoing is a true copy, on each of the following named persons, on the days and in the manner next herein specified-that is to say: And deponent further says, that the notices referred to above, as being sent by mail, were served on the said several parties, by being deposited in the post-office, in the city of and paying the legal postage thereon, and by being addressed to the said several and respective parties at their usual and known places of residence, and the places of residence mentioned in the schedule in these proceedings. SWORN [etc., as in Form 858]. 980. Order Directing Assignment to Be Made. [Signature.] WHEREAS, A. B., an insolvent debtor, did, in conjunction with so many of his creditors, residing within the United States, as have debts in good faith owing to them by the said insolvent, amounting to at least two-thirds of all the debts owing by him to creditors residing within the United States, present a petition to me for tl.e purpose of being discharged from his debts, pursuant to the provisions of the third article of the first title of the fifth chapter of the second part of the Revised Statutes; upon hearing which it satisfactorily appeared to me that the said insolvent is justly and truly indebted to the petitioning creditors in the sums by them respectively mentioned in their affidavits annexed to the petition; that such sums amount in the aggregate to two-thirds of all the debts owing by him, at the time of presenting his petition, to creditors residing within the United States, and that he has honestly and fairly given a true account of his estate, and has in all things conformed to the matters required of him by the said article. I do therefore direct that an assignment be made by the said insolvent to Y. Z., assignee, nominated by the said creditors, of all his estate, both in law and equity, in possession, reversion or remainder, excepting wearing apparel and bedding as is reasonable and necessary for the said insolvent and his family to retain, and also his arms and accoutrements. [Date.] [Signature of] County Judge of County. 981. Assignment by Insolvent. KNOW ALL MEN by these presents, that I, A. B., having become insolvent, did, in conjunction with so many of my creditors, residing within the United States, whose debts in good faith amount to two-thirds of all the Discharge. debts owing by me to creditors residing within the United States, present a petition to the Hon. M. N., county judge in and for the county of praying for relief, pursuant to the provisions of the statute authorizing an insolvent debtor to be discharged from his debts; whereupon the said judge ordered notice to be given to all my creditors to show cause, if any they had, before him, at a certain day and place, why the prayer of the petitioner should not be granted; which notice was duly published, and no good cause appearing to the contrary, he being satisfied that the proceedings were just and fair, and that I had in all things conformed to those matters required by the said statute, directed an assignment of all my estate to be made by me for the benefit of all my creditors: Now, THEREFORE, KNOW YE, that in conformity to the said direction, I have granted, released, assigned and set over, and by these presents do grant, release, assign and set over unto Y. Z., assignee, nominated to receive the same, all my estate, real and personal, both in law and equity, in possession, reversion or remainder, and all books, vouchers and securities relating thereto, to hold the same unto the said assignee to and for the use of all my creditors. of IN WITNESS WHEREOF, I have hereunto set my hand and seal, this in the year one thousand eight hundred and Signed, sealed and delivered in the presence of [Signatures of witnesses.] day [Signature and seal.] [Add acknowledgment or proof by subscribing witness, as in case of a deed; see pages 55, 59 and 60.] 982. Certificate That the Assignment Has Been Made. I, Y. Z., do hereby certify, that A. B., an insolvent debtor, has this day granted, conveyed, assigured and delivered to me for the use and benefit of all his creditors, all his estate, real and personal, both in law and equity, in possession, reversion or remainder, and all books, vouchers and securities relating to the same, except such articles of wearing apparel and bedding as are reasonable and necessary for the said insolvent and his family to retain, and also his arms and accoutrements. IN WITNESS [etc., and acknowledgment or proof, as in form above]. 983. Discharge of Insolvent. To all to whom these presents shall come or may concern: I, M. N., county judge in and for the county of send greeting: WHEREAS, A. B., of the city of an insolvent debtor, residing within the said city, did, in conjunction with so many of his creditors, residing within the United States, as have debts in good faith owing to them by the said insolvent, amounting to at least two-thirds of all the debts owing by him to creditors residing within the United States, present a petition to me, Discharge in Insolvency. praying that the estate of the said insolvent might be assigned for the benefit of his creditors, and he be discharged from his debts, pursuant to the provision of the statute authorizing an insolvent debtor to be discharged from his debts; whereupon, I ordered notice to be given to all the creditors of the said insolvent to show cause, if any they had, before me, at a certain time and place, why an assignment of the said insolvent's estate should not be made, and he be discharged from his debts, proof of the due publication and due service whereof hath been duly made to me. day of And whereas it satisfactorily appears to me, that the doings on the part of the insolvent and the creditors are just and fair, and that the said insolvent has conformed in all things to those matters required of him by the said statute, I directed an assignment to be made by the said insolvent, of all his estate, real and personal, both in law and equity, in possession, reversion, or remainder, to Y. Z., assignee nominated by the creditors to receive the same, and the said insolvent having, on the 18, made such assignment, and produced to me a certificate thereof, executed by the said assignee, and duly proved, and also a certificate of the clerk of this county, that such assignment is duly recorded in his office: Now, THEREFORE, know ye, that by virtue of the power and authority in me vested, I do hereby discharge the said insolvent from all his debts and from imprisonment, pursuant to the provisions of the said statute.. of IN WITNESS WHEREOF, I have hereunto set my hand and seal, the in the year of our Lord one thousand eight hundred and [Signature and seal of] County Judge, day County. I, Y. Z., having been appointed assignee of A. B., an insolvent debtor, do swear that I will well and truly execute the trust by that appointment reposed in me, according to the best of my skill and understanding. SWORN [etc., as in Form 858]. [Signature.] 985. Notice by the Assignees to the Creditors, etc. NOTICE is hereby given, pursuant to the statute, that the undersigned has been appointed assignee of A. B., an insolvent debtor. All persons indebted to the said debtor are hereby required on or before the day of 18 to render an account of all moneys owing by them respectively, to the undersigned assignee, and to pay the same; and all persons having in their possession any property of such debtor, to deliver the same to the undersigned by said day; and all creditors of such debtor to deliver their respective accounts and demands to the undersigned by said day. [Signature and address of assignee.] [Date.] General Principles. 986. Petition After Action Commenced, or Pending Proceedings, Under Non-Imprisonment Act.(ƒ) To the Hon. M. N., judge [etc., as the case may be]. The petition of A. B., of the town of respectfully shows: in the county of I. That an action has been commenced against him in a court of record, in which, by the provisions of the act to abolish imprisonment for debt, and to punish fraudulent debtors, he cannot be arrested or imprisoned [or state proceedings had under the statute]. II. That the said action is brought by Q. R., in the Court of this State, and was commenced by summons, served upon the said petitioner on the day of ་ 18. WHEREFORE, your petitioner prays that his property may be assigned, and that he may have the benefit of the provisions of the said act. [Signature.] CHAPTER L. INSURANCE. COMPANIES for transacting the business of insurance are formed either by special charter, or by organization under general laws of the State in which they are formed, authorizing such companies to become incorporated. The statutes must be taken as the guide for this purpose; but the general form of certificates for forming corporations under such laws will be seen on referring to the chapter on MANUFACTURING CORPORATIONS. The forms of policies of insurance are settled and printed by the companies issuing them. The blanks ought to be so filled as to specify the parties, the rate of premium, the subject or thing issued, the risks insured against, the period during which the insurance is to continue; and in general it is desirable that the interest of the insured should be specified. When the name of the person intended to be insured is specified in the policy, the insurance can apply only to his own proper interest. But the fact that the person named acts as agent or trustee, and that his principal or beneficiary is the real party in interest, is sufficiently shown by describing the person named as agent or as trustee, and it is not essential to name the principal or beneficiary. Where a partner or part owner is named, the terms of the policy should be such as are applicable to the joint interest, if it is desired to cover the interest of his co-tenants. Where the owner of property mortgaged effects insurance in his own name, providing that the loss, if any, is payable to the mortgagee, or assigns to him a policy with the insurers' assent, the insurance is still deemed to be upon the (f) The verification schedules and other proceedings except notice will be similar to the preceding forms, and the discharge will be in similar form, varying, however, the preliminary recitals, and declaring the debtor merely "exonerated from being proceeded against by any creditor entitled to a dividend of his estate." |