Abbildungen der Seite
PDF
EPUB

14 of each partner shall be appropriated to pay his sepa15 rate creditors.

Sect. 62. If there shall be any balance of the sep2 arate estate of any partner after the payment of his 3 separate debts, such balance shall be added to the 4 joint stock, for the payment of the joint creditors, and 5 if there shall be any balance of the joint stock, after 6 payment of the joint debts, such balance shall be in divided and appropriated to and among the separate 8 estates of the several partners, according to their 9 respective rights and interests therein, and as it would 10 have been if the partnership had been dissolved with11 out any insolvency; and the sum so appropriated to 12 the separate estate of each partner, shall be applied to 13 the payment of his separate debts.

Sect. 63. In all such proceedings against partners, 2 each one of them shall be entitled to the allowance, 3 before provided, for the maintenance of himself and his 4 family, and the allowance on the net produce of the 5 estates, as provided in the thirty-fifth section of this 6 Act, shall be computed on the joint estate, and also on 7 the separate estates, as if there had been a separate 8 warrant against each, provided, that neither of the 9 partners shall receive in the whole more than five 10 hundred dollars, and the certificate of discharge shall 11 be granted or refused to each partner, as the same 12 would or ought to be, if the proceedings had been

13 against him alone, and in all other respects the pro14 ceedings against partners, shall be conducted in like 15 manner, as if they had been commenced and prose16 cuted against one person alone.

Sect. 64. When the general partners in any limited 2 partnership, formed agreeably to the principles and 3 provisions of chapter become insolvent, the 4 same proceedings may be had in all respects as are 5 provided in the four preceding sections, except that the 6 separate estate and separate debts of the special part7 ner in such limited partnership, shall not be subject to 8 any of the proceedings against such partnerships.

Sect. 65. If any insolvent shall refuse or unreason2 ably neglect to execute any instrument which he shall 3 be lawfully required by virtue of this act, to execute, 4 pursuant to an order of the Commissioner, or shall dis5 obey an order of the Commissioner in relation to the 6 settlement of his estate, pursuant to this Act, the Coma missioner shall issue his warrant to any civil officer, 8 commanding him to arrest and commit such debtor to 9 the common jail, in the county where such debtor may 10 be found, or where he dwelt at the time of his insol11 vency; and the said debtor shall remain in close custody 12 until he shall obey such order of the Commissioner, 13 unless he shall be released therefrom by the Supreme 14 Judicial Court, or some Justice thereof, pursuant to 15 law.

Sect. 66. Any assignee appointed by virtue of this 2 Act, who shall refuse or unreasonably neglect to exe3 cute any instrument, which he shall be lawfully 4 required by the Commissioner to execute, or shall dis5 obey the lawful order of such Commissioner in the 6 premises, shall be liable to be committed to and 7 detained in the common jail of the county where he 8 may be found, or he dwelt, at the time when he was 9 appointed assignee, until he shall obey the said order, 10 unless he shall be released therefrom in the manner 11 aforesaid.

Sect. 67. Any person who shall have performed any 2 labor as an apprentice in the service of any insolvent, 3 shall be entitled to receive from the assignee of such 4 insolvent, the full amount of the wages due him for 5 such labor, not exceeding the sum of twenty-five dol6 lars; Provided, That such labor shall have been per7 formed within sixty-five days before the insolvency of 8 his employer; and such debts shall be deemed to be 9 preferred debts, next after debts due the United States 10 and to this State.

Sect. 68. All the provisions of law inconsistent with 2 the provisions of this act, are hereby repealed, saving 3 all rights which have accrued to any person by virtue 4 of the same, which shall be judged and decided upon 5 in the same manner as if this Act had never been 6 passed.

STATE OF MAINE,

In Senate, January 3, 1940. ORDERED, That 2000 copies of the foregoing Bill of Insolvency, be printed for the use of the Legislature.

[Extract from the Journal.] Attest:

WILLIAM TRAFTON, Secretary.

[blocks in formation]
« ZurückWeiter »