Litchfield enquirer., 1853-08-11
WHOLE No. 1866. No. IA.

shall be, in all respects as complese and erGct m
il the same had been conveyed or transferved to
said trustee in proper form by said debtor, and
such conveyances or transfers had been properly
recorded. ...-s. -
SEC. IA. Any debtor whose estate is in set.
Element under the provisions Of this act, may be
examined and in all respects proceeded against
for the recovery Of property claimed to be re.
tanned or concealed BY him, and which belongs
to such estate, under the provisions Of the T9d
section Of the act Of the Revised Statutes, en-.
titled, +" An Act Tor the Settlement Of Estates,
testate. intesta'e, and nsolvent and upona refu.
sal to deliver up TO the trustee any and all prop.
erty belonging to such estate. that on such exam.
ination shall be found to be in or with
in his control texcept such as by the next section
Of this act he is permitted to retain in his posses.
sion0 shall be proceded with in the same manner
as It he had refused to appear before said court,
or had refused to be examined on oath before said
court. On an examination under this section eli.
Their party may introduce other testimony on his
behalf No person shall on such examination,b be
excused from answering any question, on the
ground that such answer will tend to convict him
offFau'i; but his answer shall not be used az ev-
idence against him in any criminal prosecution.
Sec. Is. The household furniture ofa debt
or whose estate is in settlement under thepro.
visions ct this act, and which 10 used By him
in house keeping shall be embraced in the in.
ventory Of such estate, and shall be appraised
with the other assets Of such debtor; and said
court OF probate shall set out to said debtor
SO much thereof as shall be necessary to the
convenience and comfort Of said debtor and his
family, not exceeding in value three hundred
dollars: and the remainder thereof shall be
permitted 70 remain, subject to the claim Of
the trustee or trustees Of said estate. in the
possession Of such debtor. until sale Of the
same Is ordered by the court. and . special
order shall be required for the sale Of the
same. which shall not be made, II such debtor
80 request, until after an order has been made
for the sale Of all other property Of such co.
tate and such debtor may redeem such furni.
ture. at any time before such sale, on pay.
ment Of seventy Eve per cent Of them sum at
which the same is appraised: provided that
the amount thus paid shall not be, in the
whole. more than two hundred dollars below
the appraisal: prorided also. that il such debt
or shall make. or attempt to make any dispo.
sition OF such furniture inconsistent with the
| right OF said trustee to the same, or shall Of.
tempt to remove the same out Of the State, It
shall DC the duty Of such trustee to take pos.
session OF the same, and proceed Herewith 90
with the other property Of such debtor.
SEC TO- The trustee of any estate in set.
Element under the provisions Of this act, may
bring any suit or suits that may be necessary
| IN the settlement Of said estate. upon any CON.
tract, book account, or claim Of any kind be.
longing TO said estate and accruiDg TO him in
his right as trustee. in his own name az such
trustee. whether such contract. account or
| claim stand in the name Of such debtor or Of
| any other person. And said trustee may, un-
der the direction Of the court Of probate, sub.
NIT to arbitration in the usual form or com.
pound. and settle any doubtful or disputed
claim in favor Of said estate, and any such
claim against said estate that would mot prop.
erly 60 before the commissioners on said 90.
tate, a.
4 Sec. ~. The time limited by the court Of
probate for the creditors to exhibit their claims
against any estate in settlement in said court,
under the provisions Of this act, shall not be less
! than two, nor more than six months; and such
court shall order notice Of such limitation, and
| Of the names OF the commissioners appointed on
such estate, and Of the times and places Of their
| meeting 10 receive claims against such estate BY
publication for one week in two daily papers, or
for ore month in two weekly papers published
| in the place, or nearest 70 the place where said
estate is so in settlement, and by posting on the
nearest sign.pest, and by such other notice as the
court shall deem proper, and a copy Of such no
,ice shalt also he sent by mail or Otherwise, to ev-
cry known creditor living without said district,
within one week after such order is made.
Sec. ID. All debts due from any insolvent,
whose estate 10 in settlement under this act, for
any labor performed for such insolvent within
! six months next preceding the institution Of such
proceedings in insolvency, shalt be paid in full,
IL less than twenty.f five dollars. rgo the amount
Of twenty five dollars, If of greater amount. be.
| fore the general liabilities Of such debtor arc
paid, and shall rank next before such generalli-
abilities to the extent aforesaid, in the order Of
T payment
SEc.l9 If any creditor shall present claim
against any estate in settlement under the provi.
sions OF this get, who has any security for such
claim, by any mortgage, pledge attachment or
said e.ao " ss shall BE- sIs Sd,y Of .hs eom,s.
sioners on such estate TO inquire into the cash
value Of such security, and report the same %
the court; and unless such creditor shall be elect
ed to relinquish such security, he shalt be enai-
tied TO vidend from such estate only upon the
excess Of such claim above the value Of such
security. ss. .t.5..zs 5s ts si
\ Sec. 20. The provisions Of this act VI th re-
gard 10 any debtor, creditor trustee. shall ex.
tend 10 tho OF any joint debtors, joint cred
tors, or joint trustees and any number offered
itore, WhelheF JOINT or otherwise, may unite in
any application 10 the court Of probate OF in any
appeal under this act. A
Sec. 81, fany person shall be aggFieved by
any order, denial or decree Of a court Of probate
in the settlement Of any estate under ths provi-
. sioDs Of This act, such person may appeal there
from TO the superior court in the county where
such court of probate is held, in the manner pro-
vided by the act relating 10 courts. sa4
Sec. 20. The fees Of the judge Of probate
! for services rendered under this act shall be:
For the hearing upon an application for the
appointment Of asirusiee, % 90
Far every continuance, I'd. 49,. Is
j For every decree setting out furniture
IN debtor, s. es. IS
n For every order making an allowance sas4
I for suppart Of family, - 70
81 For The hcar, 2 upon the applcsiionof seA
debtor Cor the benefits Of the tenth sec. @gA
ton Of this act, ~. 50
Fer tine hearing sith regard 70 estate sse9
IN set,lsmer, 10 other States, s# 80