Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 135
Powers and duties of trustee
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 5
§ 135. Powers and duties of trustee. The trustee must collect the
demands, and sell the other property assigned to him. He must apply the
proceeds thereof, after deducting his commissions and expenses allowed
by law, as follows:

1. To the payment of the jail fees, upon the imprisonment and
discharge of the petitioner.

2. If any surplus remains, to the payment of the creditors, by virtue
of whose executions the petitioner was imprisoned, when he presented his
petition; or, if there is not enough to pay them in full, to the
payment, to each, of a proportionate part of the sum due upon his
execution.

3. If any surplus remains, he must pay it over to the petitioner, or
his executor or administrator.

Personal service upon a creditor, or his attorney, of written notice
of the time and place of making a distribution, as prescribed in
subdivision second of this section, has the same effect as publishing a
notice thereof, in a case prescribed by law.