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said Court, at the hour of 10 o'clock A. M., or as soon thereafter as the matter can be heard, he, the said Assignee, will apply to said Court for a settlement of his said account, and for a discharge from all liability as such Assignee.

Dated August 3, 1881.

Clement Smith,

Attorney for Assignee.

John Hale, Assignee.

No. 1243.

BLANK PUBLISHED.

Affidavit of Assignee.

In the Superior Court of the City and County of San Francisco, State of California.

In the Matter of

John Smith,

An Insolvent Debtor.

John Hale, assignee of the estate of John Smith, an insolvent debtor, being duly sworn, says: That on the third day of August, 1881, he notified, by mail, all the creditors of the said estate who have proved their claims, that on the third day of August, 1881, he had filed in the Superior Court of the City and County of San Francisco his final account as such assignee, and that he would, on the tenth day of September, 1881, in open court, at the court-room of said court, at the hour of ten o'clock A. M., or as soon thereafter as the matter could be heard, apply to said court for a settlement of his said account, and for a discharge from all liability as assignee. The said notices were deposited in the United States post-office at San Francisco, in the City and County of San Francisco, State of California, inclosed in envelopes, with the postage thereon paid, and were addressed, one to each of the said creditors whose claims have been proved, at their several places of residence.

John Hale, Assignee.

Subscribed and sworn to before me, this third day of August, Fred. P. Stone,

1881.

L. S.

Clement Smith, Attorney for Assignee.

Notary Public.

No. 1244.

BLANK PUBLISHED.

Objection to Assignee's Account.

In the Superior Court of the City and County of San Francisco,

State of California.

In the Matter of

John Smith,

An Insolvent Debtor.

John Hale, the assignee of the estate of John Smith, an insolvent debtor, having on the third day of August, 1881, filed in this court his final account as assignee, the undersigned, a creditor of said estate, hereby excepts to the said account, and contests the same, upon the following grounds: The said assignee has charged $9,000 in his said account as expenses of administration, whereas the total expenses have been only $500. Wherefore, the said creditor prays that the said account be not allowed. Dated September 10, 1881.

Clement Smith,

Attorney for said Creditor.

James Macdonald,

Creditor.

No. 1245.

BLANK PUBLISHED.

Order Allowing Assignee's Account.

In the Superior Court of the City and County of San Francisco, State of California.

In the Matter of

John Smith,

An Insolvent Debtor.

John Hale, the assignee of the estate of John Smith, an insolvent debtor, having filed in this court his final account, and due notice of the filing of said account having been given to all the creditors whose claims have been proven, and James Macdonald having filed his objections to said account, and the said account having been examined in open court upon the issues raised by the objections; and evidence having been taken and the said account having been found correct in every particular, it is ordered that the said account be, and the same is hereby settled and allowed, and the said assignee is ordered to immediately pay to each of the creditors of said estate entitled thereto, in accordance with his said account, a dividend of one per cent. upon the claims proved. And upon compliance with this order, the said assignee shall be discharged from all liability as assignee to any creditor of the said insolvent.

Dated December 1, 1881.

Charles Halsey,
Judge of the Superior Court.

No. 1246.

BLANK PUBLISHED.

Final Discharge of Assignee.

In the Superior Court of the City and County of San Francisco,

State of California.

In the Matter of

John Smith,

An Insolvent Debtor.

John Hale, the Assignee of the Estate of John Smith, an Insolvent Debtor, having proved to the satisfaction of the Court that he has fully complied with the order of this Court, auditing and allowing his final account, and declaring a dividend to the creditors of said estate whose claims have been proved. It is hereby ordered, that the said Assignee be, and is hereby, discharged from his said office of Assignee, as aforesaid, free from all liability as such Assignee to any creditor of said Insolvent. Dated December 15, 1881.

Charles Halsey,

Judge of the Superior Court.

No. 1247.

BLANK PUBLISHED.

Affidavit and Order for Examination.

In the Superior Court of the City and County of San Francisco, State of California.

In the Matter of

John Williams,

An Insolvent Debtor.

Samuel Davis, being duly sworn, says: That he is Assignee of the Estate of John Williams, an Insolvent Debtor, which estate is now pending in this Court: That Ferdinand Rees has property of the said Insolvent, which he has refused upon demand to deliver to affiant, to wit, one thousand dollars in gold coin.

Wherefore, affiant prays that the said Ferdinand Rees may be examined under oath touching the said matter.

Samuel Davis,

Subscribed and sworn to before me, this eighth day of February,

1881.

L. S.

Fred. P. Stone, Notary Public.

A. L. Bancroft, Attorney for the Creditors.

State of California,

City and County of San Francisco. }

SS.

On reading the foregoing affidavit, and it satisfactorily appearing to me therefrom that Ferdinand Rees has property which

he unjustly refuses to deliver to the Assignee of said estate, and the property of said estate, and that it is a proper case for this order, and on application of Samuel Davis, I, the undersigned, Judge of the Superior Court of the City and County of San Francisco, State of California, do hereby order and require the said Ferdinand Rees personally to be and appear before me at my chambers, in the City and County of San Francisco, on the twentieth day of February, 1881, at ten o'clock in the forenoon of that day, to answer concerning said property; and that a copy of said affidavit and of this order be previously served upon said Ferdinand Rees at least five days previous to said date. Dated February 8, 1881.

Charles Halsey,

Judge of the Superior Court.

No. 1238.

BLANK PUBLISHED.

Petition for Order on Assignee.

In the Superior Court of the City and County of San Francisco, State of California.

In the Matter of

John Willams,

An Insolvent Debtor.

To the Honorable the Superior Court of the City and County of San Francisco, State of California:

The petition of George Brown, Samuel Davis, and David Samuels, creditors of John Williams, an Insolvent Debtor, respectfully states: That John Davis, the Assignee of the said estate, has refused and neglected, and does still refuse and neglect, to pay to the creditors of the said estate a dividend of ten cents on each dollar of their claims, as ordered by this Court, on the ninth day of January, A. D. 1880; and when the said order was made the Assignee had, and now has, sufficient funds on hand to pay said dividend.

Wherefore, they pray for an order of this Court, directing the said Assignee to pay the said dividend to the said creditors on or before the first day of February, 1880, or to show good cause why he refuses to obey the order of this Court, and failing to do which that he be discharged as Assignee. Dated January 20, 1881.

George Brown,
Samuel Davis,
David Samuels,
Creditors of said Estate.

A. L. Bancroft, Attorney for Creditors.

No. 1240.

BLANK PUBLISHED.

Order Removing Assignee.

In the Superior Court of the City and County of San Francisco,

State of California.

In the Matter of

John Williams,

An Insolvent Debtor.

Whereas, this court having, on the ninth day of January, 1881, upon petition and motion of the creditors of the estate of John Williams, an insolvent debtor, ordered John Davis, the assignee of said estate, to forthwith pay to the creditors of the said estate a dividend of ten cents on each dollar of the indebtedness of said estate proved on or before the first day of February, 1881; and the said time having elapsed, and the said assignee having failed to obey the said order, and no good cause being shown why he has failed to obey the said order, it is hereby ordered that the said John Davis be, and he is hereby, removed from his office as assignee, as aforesaid, and Samuel Davis is hereby appointed assignee of said estate in his stead, upon his filing a bond within three days from this date to the State of California, with two sureties, to be approved by this court, in the sum of ten thousand dollars, as provided by law. And the said John Davis, late assignee, is hereby ordered, upon the approval of said bond, to deliver to the said Samuel Davis, assignee, all the funds, property, books, vouchers, and securities belonging to the said insolvent, without charging or retaining any commission or compensation for his personal services. Dated February 1, 1881.

Charles Halsey,

Judge of the Superior Court.

No. 1221.

BLANK PUBLISHED.

Petition for Removal of Assignee.

In the Superior Court of the City and County of San Francisco, State of California.

In the Matter of

William Jones,

An Insolvent Debtor.

To the Honorable the Superior Court of the City and County of San Francisco:

The undersigned creditor of William Jones, an insolvent debtor, respectfully represents: That Henry Molineux was on the first day of January, 1881, by this court duly appointed assignee of the estate of William Jones, an insolvent debtor, and

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