Litchfield enquirer., 1853-08-11
LTTCHFIELD, COMM THURSDAY. AUGUST H. 1853.

shall have tho came powers, and shall succeed
TO the rights Of the debtor in the same manner
az 10 provided in said section. And any con.
Veyance or assignment Of property that shall be
made in court by any debtor for the purpose of
arresting proceedings against him under the pro-
visions OF the second or the present section Of
this act shall be held good and valid as against
other creditors of said debtor unless within sixty
days thereafter the estate Of said debtor shall be
carried into settlement in the court of probate as
an insolyent estate under the provisions Of this
act.
Sec. S. All proceedings under the forego-
ing sections of this act shall be had in the pro.
bate court Of the district in which such insol-
vent debtor, or one Of such insolvent debtors
resides. except in the case of insolvent CO.
partnerships and corporations, and ell proceed
ings with regard to the estates of insolvent CO.
partnerships and corporations shall be had in
the probate court of the district within which
such copartnership or corporation had its Office
or principal place of business. Aud in all cases
where any proceedings have been legally conn
menced, and are still pending in any probate
court for the settlement Of the estate of any id.
solvent debtor or debtors, all later proceedings
by any other parties in interest shall be com.
menced and pursued within the same probate
district. -
Sec. 6. Whenever On assignment Of his es.
tate shall have been made by an insolvent
debtor, or whenever o trustee shall have
been appointed by the court Of probate upon
the estate Of any such debtor, under the
provisions Of this act, such estate shall
be administered upon and settled in the
manner provided in the Revised Statutes for
the settlement Of insolvent estates assigned for
the benefit of creditors, in the fourth and ffth
chapters Of the act entitled I" An Act for the
settlement OF estates, testate, interstate and
insolvent.' a
Sec. T. Nothing in this act contained shall
be so construed as to affect any conveyancea
or transfers Of property, real OF personal. made
in good faith in the regular course of business
or for the security of any debt incurred by the
purchase of property, or for the security Of
any loan, endorsement or guarantee, where
such sale, loan, endorsement or guarantee ID
made at the time when such security is taken,
or for the payment Of any debt legally incur.
red and due at the time Of such conveyance or
transfer, or so as to affect the payment OF
money ON any such debt, unless such loan shall
have been made, or such endorsement or guar
antee given. for the purpose of aiding such
debtor, in view Of insolvency, in giving pre-
ference to part of his creditors over others.
or such conveyance, transfer or payment, shall
have been made in view of insolvency. and for
the purpose Of giving the party receiving the
same, preference over other creditors of such
debtor; and with the knowledge on the part Of
such party that such conveyance, transfer or
err conveyance Of property, withheld from re-
cord, for the purpose of consealing the exist
ence thereof; nor any transfer of personal pro-
perty where for like reason the vendor is
permitted to remain in possession, shall be OF
any effect against creditors, although such
conveyance may be put on record or posses.
sion Of such personal property taken by the
vendee. before any proceedings in Insolvency
are instituted under this act by or against the
party making such conveyance or transfer.
Sec 8. II any insolvent debtor whose es.
tate is in settlement under the provisions Of
this act shall, within thirty days after the
assignment or the appointment of q trustee, OF
If from his absence, or sickness, or other good
reason q longer time is necessary, within such
time as the court Of probate in its discretion
shall fix, deliver to the court Of probate list
and the amounts severally due them, as far as
the same are known, and shall also deliver o
schedule of all the property Of every kind, tex.
cept such as is privileged by this act), owned
by him, or in which he had any interest ut the
time Of such assignment, or the application for
the appointment Of trustee. including real
and personal estate out Of the State of Connec
tcut. and wherever found or situated also bool
accounts, notes, bonds and chooses in actor
of every kind, and shalt make oath to the same
as complete schedule Of such property, ant
as complete list Of his creditors, and tn,
amounts due them according to the hes
Of his knowledge and belief; and shall
within said time make suitable conveyance
Of oil such real estate as he may own, or hav
any interest in. without this State. TO the SAT-
trustee, for the benefit of all his creditors, il
| such manner as will best effect that object, an
accord with the laws Of the State, or States
where said property may be situated, and al
such assignments and transfers Of stocks ant
other personal property, in this State ant
| elsewhere, as shall be necessary TO pass the
title thereto by the act Of such debtor, and 1
shall appear to said court that said debtor ha.
in good faith delivered up all his property o.
every kind to such trustee, except such as ID
privileged by this act, and has made no essign.
ment or conveyance of any property. either 10
this State or elsewhere. in view Of insolvency,
for the purpose Of giving any preference to
| to any creditor, or class Of creditors. or Ia
any joint contractor, endorser or surety, and
has not, by collision with any creditor OF
creditors assisted or enabled any one or more
Of such creditors to obtain an advantage over
others by attachment Of any property. real Of
personal without this State, and shall make and
subscribe in the court Of probate, the oath OF
affirmation herein after provided, then he shall
bs entitled TO all the benefits and privileges
provided in the tenth section Of this act. Sucf
| oath, or affirmation, shall be made, and suci
hearing and inquiry by the court Of probate
shall be had, at o time and place TO be ap
pointed by said court OF which suitable notic
shall be gwen by advertisement and posting
% in the case Of . notice Of the limitation Q
claims, ct least two weeks before the day IKE,
for such hearing. and any creditor Of said es
tate may attend such hearing, and by himself
or counsel, examine such debtor under oath
SEC. .. The oath or affirmation Of sucl
debtor shall be made in writing, and subscribe'
| by him before said court. and shall be certified
| by said court and iied in the case, and shall b
in substance az follows: do solemn.
year Cor affirm as the case may beg. that
have made. in the schedule fled by me in thi
court. In the case OF my insOlvent estate herr
; in settlement, full and complete DISCLOSURE
Of all the property Of every kind belonging &