Litchfield enquirer., 1855-08-09

:or and Proprietor.
 other person in his behalf, and has no ex. pectation of any benefit to himself of any
 kind, from the signing of such certificate ol in consideration of the same.
 And when such debtor shall De SO cnti.
 tied to such discharge, the judge of probate of the district in which such estate shall be
 in settlement, shall execute under his hand and the seal of said court certificate of dis charge 10 such debtor, in conformity with the provisions of this act.
 Sec I. Whenever any corporation shall
 have made an assignment for the benefit of creditors, or whenever a trustee shall have
 been appointed to take possession of the property of corporation, under the provi-
 sions of the act to which this is an addition ;
 and any portion of the capital stock of said
 corporation shall not have been paid in, the
 court of probate before which the estate of
 said corporation is in settlement, shall or
 der payment of the whole of such unpaid capital, or such part thereof as the court may deem necessary, to be made to the trustee or trustees of such estate, and in such installments at such times and places, and upon such notice to the stockholders hy publication in newspaper or otherwise, as to said court shall seem reasonable, and shall not produce unnecessary delay in the settlement of the estate, And if any stock holder shall, after such order, neglect to pay his proper installments in accordance there with, the trustee or trustees of such estate may recover the same in an action of as- sumpsit, brought in his or their own names, or in the name of such corporation; and the liability of the stockholders of such corpor- ation, in respect to such instalIments, shall he the same as if they had been called in by the directors thereof.
 Proride2. That nothing herein contained shall affect the liability of any stockholder for miscellaneous called in ny the directors of such corporation, and payable before the as- signment or the application for the appoint ,nent of trustees.
 Sec. g. No assignment heretofore made, or which may hereafter be made, unLer said attesting witness or the authority taking the acknowledgement thereof, being interested as creditor of the estate assigned. Provi- ded, that nothing contained in this section shall affect any suit now pending.
 Sec. 6. Whenever any assignment shall be made by debtor under the provisions of the act to which this is an addition, the trus- tee oF trustees named in sucl. assignment shall not have authority to proceed with the settlement of the estate so assigned, until the court of probate to which such assign ment is returned, shall accept and approve of such trustee or trustees. And the credi- tors of such debtor shall have right to be heard relative thereto, and the court shall appoint time, not exceeding two weeks fiom the time of said assignment, for the hearing in such matter, aud shall cause pub- sir notice thereof to be given by posting up- on some public sign post in the district, or by advertising in newspaper published in the county where said district is situated, which notice shall also state the name of such proposed trustee or trustees. And the court may appoint any other person or per- sons in the place of the trustee or trustees named in such assignment, if it shall he sat- isfed that the interests of such estate and of the creditors thereof will be promoted | thereby.
 Sec. !. The court of probate shall cause like public notice to he given of the time fixed for the appointment of a trustee, upon the application of a creditor for the appoint- ment of such trustee upon the estate of any iasolvent debtor, and any creditor of such insolvent shall have a right to appear before said court, and be heard with regard to such appointment
 Sec. 8. No claim against any lnsolvent estate in settlement. under the provisions ot tho act to which this is an addition, shall be deemed to be discharged, by having be- come merged in a judgment or any other higher evidence of debt, after such insolv- ent proceedings were instituted.
 Sec. 9. Whenever the members of any corporation organized under the statute with regard to joint stock corporations, or crea- ted by special act of the General Assembly, shall be reduced to less number than that
 required by said statute, or hy the charter of such corporation, the rem sining member or members of such corporation shall have power. in the name of such corporation. to make an assignment of all the estate of said corporation. under the provisions of the act to which this Is an addition; and such cor
 poration may be proceeded against, under l said act, by any creditor ofthe same, in the same manner as if said members were not % reduced in number. and service of any
 process under said act, made upon any of
 the remaining members of such corporation,
 shall De in all respects good service upon said corporation.
 Sec. 10. Whenever a petition for the ap-
 pointment of a trustee, shall have been
 brought to any court of probate, under the fprovisions of the second and fourth sections
 of the act to which this is an addition If
 the respondent shall appear and claim that
 he has good defence against the whole of the claim of the petitioner. or against a part
 of the same tin which case ke shall tender
 to the petitioner payment Of the part of such claim which h admitted and that he in- tsnds in good faith to make such defence before the court to which the original suit was brought, and said respondent, or his at-
 torney or agent. shall verify such claim by I afidavit. which affidavit shall also stata the
 particular ground of grounds of defence, then
 no further proceedings shall bc had on such
 petition, unless the petitioner shall give .
 bond to the respondent in such amount and
 with such security, as shall De satisfactory
 to the court, conditioned. that if the respon- t Annf nhnll FuaaE aE~ | lc...