Texas Laws Made Plain
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Simmons, D. E.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Texas Laws Made Plain: Laws and Legal Forms Prepared for the Use of Farmers, Ranchmen, Mechanics and Business Men The assignee, a resident of the county of the assignor or where his principal business was conducted, must make bond within five days, approved by the County Judge and filed with the county clerk; said bond conditioned that he will faithfully discharge his duties as such assignee, and properly distribute the estate among the creditors entitled thereto. Within thirty days he must give notice of his appointment by three weeks´ publication in a newspaper, in the county, (or if there be none, then in the nearest newspaper) and also notice, personally or by mail, to each of the creditors, who if he accepts, must do so In writing within four months, otherwise take no part in the distribution, and must, within six months from the first publication, file with the assignee a statement of the nature and amount of his claim supported by his affidavit or that of his agent or attorney, that same is true, that the debt is Just, and that there are no credits or offsets against the claim as therein shown. Fraud on the part of the assignor or assignee, or failure of the latter to make bond, will not invalidate the assignment, but it Is the duty of the court to carry it out, by appointing a proper person to take charge of the estate and properly distribute it. If property has been fraudulently transferred prior to the assignment, or if the assignor left out of the inventory some of the property, the judge upon his own motion or the application of a creditor, may compel the debtor or any other person to submit to an examination under oath, as to the disposition or status of the estate. The assignor has the right to retain all such property as is by the constitution and laws of this state, exempt from execution. Under the terms of the federal constitution that Congress "shall have power to establish uniform laws on the subject of bankruptcies throughout the United States," a general bankrupt act passed by Congress in 1898, almost entirely supersedes or suspends our state law of assignment. If a person makes a general assignment for the benefit of his creditors, this is declared by the federal law, "an act of bankruptcy," which authorizes a creditor to take the entire matter before the federal court. Whenever an assignee has in his hands funds sufficient to pay 10 per cent of the debts due by the assignor, he shall prorate the same among the creditors. He is entitled to reasonable compensation for his services, and his necessary costs and expenses, including attorney´s fees. Upon full performance of the duties of his trust, the assignee may be finally discharged, by making a full report verified by affidavit, showing all property received and disposition of same, which report must be filed and recorded in the office of the county clerk. Attorney At Law. Any person, male or female, twenty-one years of age and of good moral character, may be licensed to practice law. No person convicted of a felony (that is an offense which carries with it a term in the penitentiary) can receive license; or if a licensed attorney is convicted of a felony, the license shall be revoked. Every attorney must take an oath to support the constitution of the U. S. and this state; that he will honestly demean himself in the practice of law, and will discharge his duty to his client to the best of his ability. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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