Litchfield enquirer., 1853-08-11
PUBLICaCTS.
MAY SESSION--.1e5s.
CHAPTER Tx,

CHAPTER Tx.
An Act for the relief Of Insolvent Debtors and
for the more equal distribution Of their eff.
tects among their creditors. ga su
Be IL enacted by the Senate and House of Req
reseneGttUes IN General assembly convened /:
Sec. l.. That all c0Dveyances and assign
ments Of any lands, 'enemen:s, goods, chat.
tells or chooses in action, may directly or indi.
recIIy, by any person, persons or corporation
IN failing circumstances, with view TO insol.
vency, shall as againsl the creditors ofthe par.
" makirg such conveyance or assignment, be
deemed and adjudged fraudulent and utterly
void, unless the same shall be made in wri,in Q
for the benefit Of all said creditors in proper.
ton 70 the. respective claims, shall embrace
all the property Of the assignor or ass,gnors,
both real and personal, except such as is ex.
empt from execution, and except rea! estate
situated out Of the State Of Connecticut, and
excepting also in the case Of sole assiy1crs
the sum Of one hundred dollars in cash, and
shall be lodged for record in the office Of the
court Of probate hereinafter designated; and
the judge or clerk Of said cour: shall enter
thereon the time when the same was received
for record, and the record shall bear the same
date, and such assignment shall take effect
when SO lodged. 60.
Sec. Q. Whenever q writ Of attachment
shall have been legally issued upon claim
founded on contract or judgment Of one hum
dred dollars or more, upon which writ shalt
have been endorsed by the ma gisiraie issuing
ney, that he verify believes the debt described
in said writ TO be justly due, and 10 be Of the
amount aforesaid, if the debtor, or either Of
sho Aohf nod ss ci.otl Of
to show TO the officer serving the same suffi.
cient property belonging TO such debtor or
debtors, or to some Of such debtors, for the
security Of such claim, or Il the officer serving
the same, after making demand Of all such
debtors as are found within his precincts, shall
be unable 10 find sufficient property on which
to levy and satisfy said attachment, and shall
hsve made return upon such writ to that effect
and shall have made oath to the truth Of such
return, then such creditor may bring his petit.
ton 10 tie court Of probate hereinafter desig.
mated, praying for the appointment o! trus,
tee TO take possession Of the property Of such
debtor or debtors, for the bene6; Of his or their
creditors; upon which petition such court
shall issue citation TO such debtor or debtors
to appear before said court, at such time as
said court shall appoint within ten days to
chow cause why the prayer Of said petition
should not be granted ), the hearing upon which
application may be adjourned from time TO
time as shall be necessary and shall be SO
adjourned for such reasonable time as the court
shall determine, in case that actual notice Of
the pendeucy Of such application shall not
have been served upon such debtor, or one OF
such debtors in which case the court shall
order such further notice as shell be reason
able and il upon the hearing before said cour,
the allegations Of such petition shall be found
true. and said debtor or debtsrs shall fail 10
satisfy said debt, or TO secure the came IN such
manner as said court shalt deem sufficient, the
court shall ihereup0n AZ once appoint one or
mole trustees, who shall take possession OF.
manage and dispose Of all the properly Of such
debtor or debtors, except real estate lying out
Of this State, and such personal property out
Of this State as can not be affected by the laws
Of this State,--unless the same be voluntarily
conveyed or transferred 10 such trustee, and
excepting also properly exempt from execu.
tioH in the same manner as if said property
had been voluntarily assigned BY such deutor
or debtors TO such trustee under the 6vSt sec.
I on Ct this act. And all the property OF such
debtor or debtors, both real and personal Of
every kind and description and wheresoever
found, Except a. above excep,ed,l shall at
once, upon said appointment, become vested
in said trustee in as full and ample manner
as il the same had been voluntarily assigned,
or conveyed by such debtor or deb'ors 10 such
trustee, &C., at the time Of the application to
The court Of probate for the appointment Of
such trustee.
Sec. 3. Whenever an assignment shall be
made for the benefit Of creditors, or whenever
trustee shall be appointed under the Prosis.
ions IL this act, for the settlement Of the estate
of an insolveDt debtor, all attachments Of the
property Of such debtor, either real or person.
al. made at ans time within sixty days prece-
ding such assignment, or the applications 10
the court of probate for such appointment.
shall be dissolved, and all the property so at
tached shall vest at once free from such at.
tachmenis, in such trustee and IN like man.
nsr, all levies tf executions on such property,
except where made in pursuance OF attach.
ments not invalidatcd hereby but such at
iaching and levying creditors shall be allow.
ed the amount Of their legal costs before oil
other demands, and in the order Of such at
iachments and levies, il their respective claims
shall, in whole or in part, be allowed by the
commissioners appointed by the court OF pro
bate 10 receive claims against such estates.
| And in case any atiscbMeBt shall be 80 sci
aside in any action founded on q tort, The
| plaintiff such action may present his claim
| in such aciiot before said commissioners, IN
the same manner as if said claim had BEN
| founded on contract. and IL. all cases where
attachments or levies are SO set aside all in
tervening conveyanccs aud transfers Of the
property SO attached or levied on shall be OF
no effect. U 5tf
Sec. 4. II any person shall hold a claim
against any other person, founded on contract
amounting 10 one hundred dollars or more,
which 10 NOT due, and which will not become
due in season Coz him TO avail himself Of the
provisions Of the second and third sections Of
this act, or shall hold judgment Of that
amount which 10 suspended by proceedings "a
error, and Hnce the contracting Of VI ich debt
or during the tendency Of the suit on which
such judgment was fendsred, such debtor
shall have failed in his circumstances, such
creditor may bring his petition 10 the court Of
probate herein after designated, setting forth
the above mentioned facts, and verifying the
name hv oath an.,n which NET iaion the court