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on the twenty-fifth day of September [the creditors, although duly summoned, not having attended on the day appointed for their meeting, and refusing to appoint one or more assignees, the said judge did, by order then duly made, authorize the sheriff of the city and county of San Francisco to receive the surrender of property offered by the debtor, and to perform, in every respect, the functions of assignee ; and for the faithful performance of said trust, to be responsible on his official bond: Now, therefore, in consideration of the premises, and of the benefit of said act, and in pursuance of and in obedience to the above-recited order and the said act, the said party hereto, of the first part, hath assigned, transferred and set over, and by these presents doth assign, transfer, and set over, unto the said part of the second part, his successor, successors or assigns, all and all manner of goods, chattels, debts, moneys, and all other things, property, estate and effects of the said party of the first part, real, personal and mixed, of what kind, nature or quality soever, and wheresoever the same may be situated, and whether in possesSion, reversion, remainder or in action, at the time of presenting his petition, To have and to hold the same and every part and parcel thereof, unto the said party of the second part, his successor, successors and assigns, forever, to and for the uses and purposes in the said act declared. In witness whereof, the said party of the first part hath hereto Set his hand and seal, the day and year first above written. - John DoE. [L. s.] Assignee's Certificate.
In the District Court of the Twelfth Judicial District.
I hereby certify that John Doe has duly executed, under his hand and seal, and duly acknowledged before an officer authorized to take acknowledgments of deeds, and delivered to me an assignment of all his estate, real, personal and mixed, for the benefit of his creditors, in pursuance of an order of the District Court of the twelfth Judicial District, made on the 25th day of September, A. D. 1858, and that he has delivered to me all the goods, claims, effects and estates, assets, choses in action, evidences of debt, accounts, notes, bills and muniments of title, declared by said insolvent in his schedule, or relating to the property and effects therein set forth.
I}oted September 25th, A. D. 1858.
CHARLEs DoANE, Assignee of said Insolvent.
Order of Discharge for Insolvent.
State of California. In the District Court of the Twelfth Judicial District. In the matter of the application of John Doe for the benefit of the Act for the relief of insolvent debtors and protection of creditors, passed May 4th, 1852. City and County of San Francisco, ss: hereas the said petitioner, domiciled and usually residing in the city of San Francisco, in the county of San Francisco, and within the twelfth judicial district, did on the twelfth day of August, A. D. 1858, petition the judge of the District Court of the twelfth judicial district, having original jurisdiction within the county aforesaid, briefly stating #. circumstances which compelled him to surrender his property to his creditors and raying to make a cession of his estate, and to be discharged rom his debts in pursuance of the provisions of an act entitled “An Act for the #. of Insolvent Debtors and Protection of Creditors,” passed May 4th, 1852; and the said petitioner having annexed to and filed with his said petition a schedule of his affairs, as required by the 3d and 6th section of said act, by him signed and sworn to before the said judge, the said petition and sched. ule were thereupon certified by said judge and by him caused to be filed in the office of the clerk of said court, in the county aforesaid, there to remain for the information of the creditors, and upon receiving which said petition, schedule and affidavit, the judge thereupon, to wit: on the twelfth day of August, A. D. 1858, made an order requiring all the creditors of said insoly. ent to show cause, if they could on Saturday, the twenty-fifth day of September, A. D. 1858, before the said judge, in open court, at the court-house thereof in said county, why an assignment of said insolvent's estate should not be made, and he be discharged from his debts, and did then and there direct the clerk of said court to issue a notice calling the creditors of said insolvent to be and appear within thirty days from the date of the publication of such notice, before said judge at chambers or in open court, to show cause why the prayer of said insolvent should not be granted; in pursuance whereof the said clerk did issue a notice calling them to appear in the said court on the twenty-fifth day of September, A. D. 1858, on which day, it appearing to the satisfaction of the court, upon affidavit filed, that the notice to the creditors of said insolvent had been regularly published in pursuance of said order, and no creditors of said insolvent appearing, upon motion of the petitioner's counsel, it was ordered that the sheriff of the county be authorized to receive the surrender of property offered by the said insolvent debtor, and to perform in every respect the functions of assignee. Now, at this day, to wit: on Saturday, the fifteenth day of November, A. D. 1858, it appearing to the satisfaction of the court that ten days have fully elapsed since the appointment or authorization of said sheriff to act as assignee, and that no written opposition by any of the creditors of said insolvent, to the appointment of said assignee or to the surrender of said petitioner's property, or the discharge of insolvent, has been filed or laid before the court, and that said surrender has been made according to the provisions of said act, and that the requirements of said act for the relief of insolvent debtors and protection of creditors, and all the orders of the court herein, have in every respect been fully complied with and performed by the said petitioner. o Upon application and motion of counsel, it is ordered, adjudged and decreed that said insolvent debtor be and is hereby released and fully discharged from any and all such debts and liabilities as are set forth and named in his said schedule, which were contracted before the surrender of his estate under the provisions of the aforesaid act, and contracted after the passage of said act, and from every judicial proceeding relative to the same. Edward Norton, District Judge, Twelfth Judicial District.
JDeed in Bankruptcy.
In the District Court Judicial District:
against his Creditors. This indenture, made this day of , 1857, between C. D. sheriff of the county of , assignee of A. B., the above-named insolvent, of the first part, and M. N., of the second part: Whereas, by virtue of an order in the above cause, tested the first day of March, 1857, I was authorized to sell at public auction all the property of said insolvent of whatsoever nature or kind, as by said order and papers on file, ref. erence being thereunto had, will more fully appear; by virtue of said order I did on the fifteenth day of April, 1857, sell all the right, title and interest of the said insolvent in and to the premises hereafter described, at public auction, according to the statute in such case made and provided—at which sale the right, title and interest of said insolvent in and to the following premises were struck off and sold to O. P., for the sum of one thousand dollars, he, the said O. P., being the highest bidder, and that being the highest sum bidden for the same.
Now this indenture witnesseth, that I, C. D., sheriff as aforesaid, and assignee of said insolvent, by virtue of said order, and in pursuance of the statute in such case made and provided, for and in consideration of the sum of money above mentioned, to me in hand paid, as aforesaid, the receipt whereof is hereby acknowledged, have granted, sold, conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said O. P., i. and assigns, all the estate, right, title and interest of A. B., the said insolvent, in and to the following described property, to wit:
[Here insert description.]
together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to have and hold, the said above inentioned and described premises, with the appurtenances, unto the said O. P., his heirs and assigns, forever, as fully and absolutely as I, C. D., assignee as aforesaid, can, may or ought to, by virtue of the said order and of the statute in such cases made and provided, grant, bargain, sell, release, assign, convey and confirm the same. In witness whereof I, the said assignee, have hereunto set my hand and seal, the day and year first above written. C. D., [L. S.] Sealed and delivered in } Assignee of A. B. presence of K. L.
Order for Payment of Dividend.
District Court of , Judicial District, County of John Short against his Creditors. William Pluck against | his Creditors. The orders heretofore made, requiring the creditors of said in: solvents to show cause why the statements deposited by the assignee in the clerk's office of this court should not be accepted, and distribution made, being returnable this day, and this being the day for showing cause as aforesaid, and it appearing to the court that fifteen days' notice had been given according to law, and no cause being shown why a distribution should not be made, and it also appearing to the court that the sum of seven thousand thirty-three and 99-100 dollars mentioned in said statement to be distributed, is the same money mentioned in the statements filed and deposited in each of said causes, and that the creditors and the sums and claims due each, are the same creditors and claims mentioned in each statement. It is therefore ordered that said assignee pay over to the creditors of said insolvents, John Shaw and William Pluck, eighteen per cent of their several claims as set forth in the statements filed in the above causes; that is to say: