Litchfield enquirer., 1852-08-19

sfIinfl bn unable % nnu s.s.S'o.. 49,. ,
- Nhich % levy and gnilsiy sala e.tacn'
.Ssrna. rad shall have INSIDE return upon
ir,,al, wrie 20 lhnE eiiecr.then such creditor
6t,wv bring his petition 10 the eoort q pro-
Rnls ahsseinnfter designated, praying TOR
the appointment Of . trustee to take pos
tession 81 the property OF such debtO: or
aebtora forths benefit Of his or their cred
3i6rsatbtup Bhich petition said court shan
hssne citation to EhEfl debtor or debtors,
aoappeaii before said court, ~ such time
g. aaidebhry ahaIl appoint, within ten days,
60 vhHs6 Why the prayer OF said Pc.
ELTON sgkd4!d not be granted; the hearing
@fka Hll7tM application may he adjourned
from lime time, as shall be necessary
and. shail Be sgAdlouTnesl for such reHsOn-
able time as the court shall determine. in
ease that actual notice Of the pendency OF
Lssch aprlicatiOn shall not have been served
Ag1nN lfllf Hebtor, or upon one of suLh
NehEOrs; in which case lhe Court shall Dr.
der such further notice as shall be reasons
able; and If upon the hearing before said
k86rt, the Gllegatiuns-u sSuclFp6tlion ehGll
Ae found trues and saidrdebt0i or debtors
khall faittO satisfy said debt, or 10 SECURE
4he. same in such manner as said court
eamlE deem sufficient. the court shull there
b1h Ut once appoint one or more trustees,
whs saall1take possession of. manage aud
itspo&B Je aEc rhe' property Of sachsdeb,or
pr-debtors, koxUeptreai estate lying out 0f
this State, and such 'rersonal property out
VT this State as. cannot be affected by the
aaNs.of this State unless the same be
Voluntarily rCnveyed or transferred 10 such
trustee, and 'excsFting also, properly exempt
from :exeeati0n. j IN the same manner as if
bald, PE6periy had been voluntarily Unsigned
W such debtor or debtors TO such trustees
under the first section Of this Act. And
AL the propertysOf such debtor or tfebtors,
sSsh'real mfi,iiapersonhl, Of eyery Kind Ind
descriptions and yneres6rvtr found Tex.
kept Us abpye excepted, shall nj o, ce, up>
bn said anpo;ntnent, become vested in said
4rusiee in Rs full and ample n manner as il
Chg Sarns had been voluntarily assigned. OF
conveyed by'such debtor or DEBTORS 10 sutsl
SIuste0s y,
Sec. 3. Whenever an assignment shall
be made for 4he benefit of creditors, or
whenever RtrusteG.slish be appointed, uns
Ser the provisions Of this Act, for the set
aismesitiOf the estate Ut M rlsulvent de btor
AlI nitaehments Of the property Of such
e.st&6r, Z ither real Or personal; made d,
hny time within $ ixfy days presiding sucii
assignment, or the application 10 the cour
ol probate for such appointment, shall be
uissolved, and all the prof. cry so nsfachet
shatl vcRl al bnce, free from suclailachint
Creditors. shalfbe allowed ,ilc amount O
Their 5eg,il cOeis.hefare all other chinis, anc
ss the order OF their Attachments, in case
inc claims on which such suits nre brought
sllull IN wllole, or 10 part, be allowed by
sss'comni!sslcners appointed BY Tie court
BIT probate 70 receive clans Against such
ssS!gatess.,' J.
Sec: 4 II any person shall hold claim
against any other person, founded on con-
tract. amounting 10 one hundred dollars or
more, which is not due, and which wfllnot
become due IN, season for him to ,avail him
belf'6f the provisions OF the second and
third sections of this Act, or shall hold a
judgment Of that amount which is suspend,
I'D by proceedings in error, and since, the
contracting Of which debt, or during the
pen eHcy ct the suit on which such i ldgs
AReAf' was rendered, such creditor may
bring his petition 10 the court of probate
Aeieinatters designated, setting forth, the
above mentioned fiicts, ard verifying the
same bysOath, upon which petition the
court shall issue citation 10 such debtor,
10 appear before said court; 10 show cause
why'd trustee Should not be appointed. in
the mannerprovided 10 the second section
bt thlsaAct.i And upon hearing the par.
ties,M the court shall find the allegations
bf such psfitiOn true, and If such debtor
tEallnot provide security for such claim
20 the manner as thesc0uFt shall fSgava I'D
snfficienl. then hes'coart shall at once ap.
Gs9slf PHe or Hi6fe trustees in the same
hMnter ~ Il said application had been
made under the second section OF this Act.
which trustee shal have the same powerS.
Ind ehall succeed to the lightspof the debt,
Of 10 htlle sauna manner ne Is provided in
akeitaiR section. And any conveyance or
Assignment'ofgproperiy that shall he ..nady
IN court BY any debtor, FOR the Dir pose Of
Sfrssfihg proceedings against him, 0ntler the
provisions Of The second o. pre- sent sections
III if9l Aet.;shatf- 30 held good and valid
rs dEailssl C4her cfcdj,ors yf snid debtor,
unless within sfxty days thefeasi iii, 10
Segment shall be made,by such debtor un-
der the provisions of the first section Of
shis Act or q trustee shall b. appointed by
she cGisEt SG probate upon the application
Aksa EteditOr under the second OF the nres>
6nt section of ihisiAc
Sec. s. All proceedings under the fore.
koIng sections Of this net shallsbJ ha,l IN
eenpFu4nte court Of the district II, which
euclilsinaclvsaA debtor. Of one III Yucf i'm.
Observation-Disclosures, resiiea. exsepl ia his case
44SsSMs4AvssA sapatsneehips EnlAeerpsira>
ei6ns and MI proceedings with regard Il
W. estates Of insulvent c0parsnerships ant
eGvp0taii0nssssh shall be had i'm the nroba,,
&rurt or The district Wssh,n wAich. s,lci
Aophttnpyship os cofporAIiSh htli. he, oi6s
~ pflhEfple gaeel of ibAsiiess. AID ii,al
eaaes where any proceedings have beef
legally commenced, and are still pendin,
u any probate court TOR the set.le.nen, o
ihe estate Of any insolvent .ieoior nr. debt
assp 1atels Rrosssdings By any other par
iiks d interest Shall Be Tcoma,enced ant
pursued within the same probate district.
! See. 8. Whichever an assignment of nj
NHtsRAe; akail have been. Uaalda nv any ;nanl.