in his own name as assignee, all and singular, the estate, property and effects, real and personal, and amounts owing upon choses in action, and to execute and give releases, acquittances, and discharges, and generally to do all manner of things requisite and convenient for the speedy and effectual collection of the estate which the assignor or assignors might or could have made, given or done, if such assignment had not been made. county court. SEC. 39. Full authority and jurisdiction is hereby Authority of conferred upon the county courts, and the judges thereof, to execute and carry out the provisions of this act, and said court shall, at all times be, and remain open for the transaction of business under this act. except in SEC. 40. No appeal or proceeding in error shall lie Judgment final from any order or judgment in any proceeding here- certain cases. under except the following, to-wit: First. An order allowing or disallowing, in whole or in part, any contested claim. Second. An order of distribution. Third. An order directing the assignor or assignors, or other persons, to pay money or deliver property to the assignee. Fourth. An order directing the sale of property at private sale or fixing the compensation of assistants thereat. Fifth. A judgment in any action by or against the assignee. Sixth. An order of final settlement discharging the assignee and his sureties. Seventh. Any order made by the county judge in proceedings had under the provisions of section 36. taking appeals. SEC. 41. An appeal under the second, third, fourth, Manner of sixth, and seventh subdivisions of the last preceding section may be taken by any person interested in the state, within the same time and upon giving a bond in the same manner as in case of an appeal from a judgment in an ordinary civil action in said court. Such appeal shall be docketed within twenty days after the making of the order appealed from, and shall stand Sales made prior to assignment. Same. for hearing at the next term of the district court, or at the same term if the court be in session when it is docketed. The county judge shall certify so much of the record as may be necessary to a clear understanding of the matter in controversy. The district court shall dispose of the matter summarily, with or without pleadings, and upon hearing such testimony as may be offered, and shall make such order in the premises as may be just. The clerk shall immediately certify such order to the county court. SEC. 42. If a person being insolvent, or in contemplation of insolvency, within thirty days before the making of any assignment, makes a sale, assignment, transfer or other conveyance of any description of any part of his property to a person who, then has reasonable cause to believe him to be insolvent, or in contemplation of insolvency, and that such sale, assignment, transfer or other conveyance is made with a view to prevent the property from coming to his assignee in insolvency, or to prevent the same from being distributed under the laws relating to insolvency, or to defeat the object of, or in any way to impair, hinder, impede, or delay the operation and effect of, or to evade any of said provisions, the sale, assignment, transfer, or conveyance shall be void, and the assignee may recover the property or the assets of the insolvent. And if such sale, assignment, transfer, or conveyance is not made in the usual and ordinary course of business of the debtor, that fact shall be prima facie evidence of such cause of belief. SEC. 43. If a person, being insolvent, or in contem plation of insolvency, within thirty days before the making of the assignment, with a view to give a preference to a creditor or person who has a claim against him, procures any part of his property to be attached, sequestered, or seized on execution, or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefited thereby, having reasonable cause to believe such person is insolvent, or in contemplation of insolvency, and that such payment, pledge, assignment, or conveyance is made in fraud of the laws relating to insolvency, the same shall be void, and the assignee may recover the property, or the value of it, from the person so receiving it or so to be benefitted. 12 Neb., 19. SEC. 44. Nothing in this act contained shall be con- Wages and good faith strued so as to prevent any debtors from paying or se- indebtedness. curing to be paid any debt not exceeding the sum of one hundred dollars, for clerks' or servants' wages, or from paying or securing any debt which shall have been created within nine months prior to the date of such payment, or securing or to effect any mortgage or security made in good faith to secure any debt or liability created simultaneously with such mortgage or security, provided any such mortgage shall be filed for record in the proper office within thirty days from its date. misconduct SEC. 45. Every person who, in contemplation of Penalty for making an assignment for the benefit of creditors, shall, by assignor. First. Secrete or conceal any property belonging to his estate; or, Second. Part with, conceal, destroy, alter, mutilate, or falsify, or cause to be so concealed, destroyed, altered, mutilated, or falsified, any book, deed, document, or writing relating to his estate or property; or, Third. Remove, or cause to be removed, any such property, or book, deed, writing, or document out of the county, or otherwise dispose of any part thereof with intent to prevent its coming into the possession of the Act repealed 1877. 24. sheriff or assignee, or to hinder, impede, or delay them, or either of them, in removing or receiving the same; or, Fourth. Make any payment, gift, sale, assignment, transfer or conveyance of any property belonging to his estate with like intent; or, Fifth. Spend any property belonging to his estate, ingaming; or, Sixth. Willfully and fraudulently, with intent to defraud, conceal from his assignee, or omit from his inventory, any property or effects; or, Seventh. Having reason to suspect that any other person has presented a false or fictitious demand against his estate, shall fail to disclose the same to his assignee within one month after coming to his knowledge or belief; or, Eighth. Fraudulently attempt to account for any of his property by fictitious losses or expenses; or, Ninth. Within three months, next before the assignment, for the benefit of creditors, under the false color and pretense of carrying on business and dealing in the ordinary course of trade, obtain on credit from any person any goods or chattels with intent to defraud such person; or, Tenth. Within three months next before the assignment for the benefit of creditors with intent to defraud his creditors, pawn, pledge, or dispose of, otherwise than by transactions made in good faith in the ordinary way of his trade, any of his goods, chattels, or property, which have been obtained on credit and remain unpaid for, shall be deemed guilty of a fraudulent evasion of this act, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not more than seven years. SEC. 46. An act approved February 19, 1877, entiComp. Stat., 60. tled "An act relating to voluntary assignments for the benefit of creditors, and to assignees therein named, and the settlement of their accounts," and all acts and parts of acts inconsistent with this act are hereby repealed; but this act shall not affect assignments hereto fore made, but estates assigned thereby shall be administered and settled as though the above named act were not repealed. Approved February 26th, A.D. 1883. CHAPTER VIII. AN ACT to amend section eighteen (18) of chapter seven (7) of part one (1) of the Compiled Statutes of Nebraska, of 1881. Be it enacted by the Legislature of the State of Nebraska: 10 Neb., 194. SECTION 1. That section eighteen (18) of chapter Deputies. seven (7), of part one (1) of the Compiled Statutes of 12 Neb., 249. 1881, be amended to read as follows: SEC. 18. The district attorney may in his discretion appoint one or more deputies, for whose official acts and fees he shall at all times be responsible, excepting when it shall appear to the satisfaction of the county commissioners that during the necessary absence of the district attorney from the county, on official business, or during his utter inability to attend and prosecute, then the commissioners may allow to a deputy district attorney reasonable compensation for services in prosecuting criminal actions before magistrates. SEC. 2. All acts and parts of acts in conflict with Act repealed this act are hereby repealed. Approved March 3, A.D. 1883. 1867. 48. |
