Litchfield enquirer., 1853-08-11

money, notes or other property Of any kind to |
which the trustee Of my said estate was emit. |
| tied, for the benefit. either directly or indi.
rectly, Of myself, or Of my family, or Of any /
member thereof, or in any such way as to pre-.
vent the application Of the same to the pay
ment Of my debts, through the said trustee of
my estate. . ..,.t... e
debtor shall DC liable to the penalties Of per-
jury.
SEC. 10. II such debtor shall comply with
the conditions contained in the eighth and
ninth sections Of this act, and not otherwise,
he shall be entitled to the following privileges
| and benefits, Wig as rleT7 as-
l. He shall be allowed out Of said estate,
for the necessary support Of himself and his
family, such sum, not exceeding three dollars
per week for each member of his family, and
4 not exceeding fifteen dollars per week in the
whole. and for such time, not exceeding six
months. as the judge Of probate shall order.
2. Ifsuch estate shall, upon final settlement
pay fifty per cent, or more. upon the claims !
| allowed by the commissioners appointed to re- I
ceiye claims on such estate, said court shall, if
said debtor so request, order said trustee to
pay to said debtor twenty five per cent, on
the amount of said estate that shall be left for
distribution, after fifty per cent. ON said claims
shall have been paid, not exceeding, however,
in the whole, the sum Of one thousand dollars,
which amount 80 allowed to said debtor, shall !
be exempt from attachment, in the hands Of !
said trustee. and shall be held by him sub. ect
to the order Of said debtor. 94a
| 8. If upon final settlement such estate shall
pay seventy per cent. or more ON the claims 81
allowed against such estate, then such debtor
shall be entitled TO Q full and absolute dis.
charge, and ON receiving the certificate provi
ded in the next section Of this act, shall be ab.
solutely and wholly discharged from all his
debts, founded ON contract, which shall have
been actually proved against said estate, and
the property of such debtor shall be exempt
i from all legal process, founded on any claim
by contract, that might have been proved
against said estate for two years from the time
when such discharge shall be decreed.
Provided, That no claim accruing from
breach Of contract shall be in any manner af.
fected by this act, where such debtor has been
| guilty Of any fraud or breach Of trust in the
transaction. In determining whether such
estate shall have paid fifty per cent. ON the
claims against it, the court Of probate may
receive evidence, upon the application of such
debtor. of any actual payments on such claims
from the proceeds OF property Of such debtor
out of this State, and in settlement in any
other State for the benefit of creditors, and of
any actual payments from any other source;
but nothing shall be taken int consideration,
aside from the property in settlement in this
State. except such actual payments, ana the
settlement Of such estate shall not be delayed
on account of unsettled estate in any other
State or States. But upon application of such
debtor for q full discharge from the debts
above described under the provisions Of this
act, such debtor may show to the court Of
probate, by proper documentary land other
satisfactory evidence, the amount of the net
proceeds that may reasonably be expected
from such estate so in settlement in other
States; and il the court shall be satisfied that
such estate will pay enough,in addition to the
amount actually paid by the estate in settle.
nent in said court Of probate, to make in the
whole the sum Of seventy five per cent. upon
the claims allowed against said estate, then
such court shall grant such full and final dis
charge in the same manner as If said estate
had actually paid the sum of seventy per cent.
upon said claims.
SEC H. The certificate Of discharge, granted
by the judge Of the court Of probate, under the
provisions of the next preceding section Of this
act, shall be in substance rs follows: y"
STATE OF CoNNEcrlcUr,}
DisTRICT OF t2@s
To ell people to whom these presents shall
come, l. A. B. judge q probate Of the said
Whereas, it has been made to appear to me,
that C. D.. of E., in the probate district Of E /.
! and county Of F.. whose estate has been set
! tied in this court as an insolvent estate, for
. the benefit Of creditors. according to the pro.
= visions Of an act passed at the May Session Of
I the General Assembly, A. D., 1853, and emit.
n
! debtors, and for the more equal distribution
Of their effects among their creditors" has in
! all respects conformed TO the requirements of
said act. and has become under the provisions
Of said act. entitled to all the benefits intended
to be secured thereby to honest but unfortu.
nate debtors, and to q full and absolute dis
charge from alldebts proved against his estate.
except as below excepted. a. ss 5f.ya
\ do accordingly certify that the said c. D., by
force Of the act aforesaid, 10 absolutely and
wholly discharged from all his debts founded on
contract, which have been proved against his
said estate, except such as msy have accrued
against him by reason Of any breach Of trust, or
fraud, Of him the said c D., and that the prop.
erty ofths said c D. is by the force Of said act,
for the space Of two years from this date, exem pit
from all legal process founded on any claim by
contract, that might have been proved against
said estate, except such as may have accrued by
reason Of any breach Of trust or fraud Of him tile
said G. q. lae a-sa esi .lsasns all af ~
Given ven S under my hand and seal Of said court,
u SEC ~. No discharge Of any debtor under
this act shall release or discharge any person who
may Se liable for the same debt, as partner join,
. contractor, drawer. endorser, surety, guarantor
or otherwise for or with such debtor. ,...l. 4,
Nor shall any discharge Of any debtor under
this act, avail such debtor, or be Of any effect,
where such discharge shall have been obtained
debtor. -
SEC. IS. In any case where an assignment
shall be made 10 any trustee, or trustee shalt be
appointed by the probate court under the provis-
ions Of this act, and such insolvent debtor shall
have been at the time Of such assignment or Of
the application for such appointment, possessed Of
any interest in real estate, or in any bank, rail
road or other stocks. or in any properly wha,so-
ever, Except real estate lying out Of this Statc)
which shall require any separate conveyance or
transfer, and such debtor shalt neglect Or refuse
TO execute the proper Instruments for the convey
ance or transter Of said properly, then il shall be
the duty Of said trustee TO procure certificate.
from the Judge Of the probate court in which such