Litchfield enquirer., 1855-08-09
PUBLIC ACTS, PASSED MAY SESSION, 1885.
cHArrra lxvIIr.


 lief of lnsolvent Debtors, and for the moro
 equal distribution of their effects among
 their Creditors"
 Be t enacted by tke Sesste aud House ef Representatives. ia General Assem6ly cesCe- ned:
 Sec. |. That no conveyance or transfer of property, otherwise valid, shall be made void by amyihiag contained ia the first section of she act to which this is an addition, unless within sixty days after such conveyance or transfer shall have been made, proceedings shsli have been instituted fcs the purpose of carrying the estate of the party making such conveyance or transfer into settlement, as an insolvent estate, under the provisions of said set; procidei, that the time during which any conveyance os assignment whict, is the proper subject of record shall remain unrecorded, and ths time during which any mostgagos or vendor of personal property shzli remsin in possession thereof, aiter any ssle, mortgage, or other transfer of said property requiring delivery of possession, shali sos be computed as Part of such sixty days.
 Sec. .. In all cases in which any debtor residing out of this State shall own property real or personal within this State, upon ap- plicaiion of any creditor residing in this State whose claim shall amount 10 one hun dsed dollan. or upwards. to the court of pro. bate of the district within which such pro- pesty. or part ef it Ia found, showing to shs satisfaction of said court, that said debt is justly due, and is of tho amount afore- said, said court shall appoint trustee to take possession Of said property, and shall thereupon order reasonable notice to be gi- ven by mail of otherwise, to said debtor to appear before said court. at time to be fix. ed by said court, and show cause, why said property should not be proceeded against as insoivent estate and, if said dehtor shall fail to appear at the time 50 ordered, said court shall adjourn said application for reasonable time. aud order further notice to be given to said debtor, unless satisfied that actual notice has been given to him, and ii' said debtor shall fail to appear before said adjourned court, or. having actual notice, shall fail to appear before said court at the time first fixed as aforesaid, or appearing. shAll fail to pay said debt, or 10 secure the same to the satisfaction of said court, ii the court shall find the same 10 be due, then said court shall osdes said trustee to proceed, and said trustee shall proceed to settle said es. tate % faund within this State, as iasolvent estate under the provisions of the act, to which shis is an addition. And said trus- see shxl, immediately on his appointment, Iodee with the town clerk ot the towns with. h which any real essats of said debtor may 6s situated, and within tho secretaries or easkieTs Of all corporations in which such debtor may own stock. within this State, . cestf6cato Of his appointment a said trus- tees snd of his claim to said property under tho same. And if said debtor shall pay or oecure said debt to the satisfactisn of said court as tho time fixed hy said court as sfcsssaid, os if said court shall find said debt nos jussly due, then all probate fees and all expeases ot said trustee shall he paid by said creditor hut If said dchtor shall fail to pay q securs said debt as aforesaid, then said eosss and expcnses shall bs paid out of said estals with ether -expenses of settling said sssase. Aad ssid dehior shall have tho right cn appearing before said court, to contest tho claim of said creditor before said court.
 Sec. 2. Ia case the creditor or creditors holding two thirds of the amount of claims allowed against any estate in settlement as an insolvent estates under the provisions of the sot to which this is an addition. shall - W w &<sAs VI Eto&sut0 tu WWtSW OuSs eeente is tn settlement, under their hands and eeesss sheir assent that such debtor shall be fully dischasysa from his dehss, then if such debtor shall comply os shall have complied wtsh ths eosditions expressed In tho eighth and ninth secsions of said act, such debtor skaIl hs entitled so | full discharRe from shc tbIIsuing elassss of elaine agsinst him, fonnde5 on eontrscs existing st tho time oi his assianmens. q ss the tins of the sppli- cation Or ths appointment of trustee ol his esssles so wits
 All elaims that have been pressnsed aGninss said sssats.
 All cIaims founded On contsscts mads sines sks pass>gs of the iaw 10 which this 6 aa siilsion. Provided, that 10 claim ac- esuine trua bseach oi consracs shsll be h any msnnsr aGscssd by this aes. whsrs such 6e6sos kas bssa guilty of any irsud or breach ofssust h she transaction; and pvopidsd alsc that every csedisor siening such certi6caie of fnsesnt shall mako and suhsrribe m cath bsfoss . proper magistrate. that he is . boua &is creditor of sseh debtor to the amount ssatea h such certificate, and that he has received no benefit of any kind and 10 pro mics ef any benefit from such debtor. or any