Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1881-01-05

forty-fouT of said act are hereby repealed.
SEC. "a. Section hfty-seven of said act is hereby
amended to read as follows:
" An assignee may, with the consent OF the court
resign his trust and be discharged therefrom upon
| a settlement of his account.
SEC. X, Section seventy of said act is hereby
amended so as TO read as follows:
! The judge shall appoint second meeting
| OF the creditors to be held at court not
more than three months after the ming oil
the petition, regard being had TO the distance at
which the creditors reside The debtor shall then
be allowed to amend and correct his schedule OF
creditors, and shall take and subscribe an oath
before the judge which shall be certified by him
and filed in the case IN substance as follows;
i, do swear that the account of
my creditors contained in the schedule made and
signed by and now on file in court IS in all re-
speCts and true according to the best OF nv
knowledge and belief, and do further swear that
have delivered to the assignee,
all my estate (except such parts thereof are by
law exempt from attachment, and such as nave
been necessarily expended in the support of myself
and family and all my books OF account and papers
relating to my said estate that were IN my posses
sion or power when the same were demanded OF
me by the assignee and that if any other estate,
effects or other things which shall or ought 20 be
assigned shall hereafter come TO my knowledge or
possession | will forthwith disclose or deliver the
same to him And do further swear that there is
not any part of my estate or effects made over or
disposed of in any manner for the future beneht OF
myself or my family or IN order 10 oeird my
creditors.
SEC. 10. Section seventy-one OF said act is here
by so amended as to read as follows:
When failure to call or hold second
third meeting within the time prescribed
occurs, the Judge may order such meeting with
like effect as to the validity OF the proceed
ings as if the meeting had been duly heid,
and may If he deems it best for the estate, call the
second and third meetings to be held together, at
which meeting the same proceedings shall be had
and with the effect as if the second and third
meetings had been held separately
SEC. II. section seventy-three of said act is
hereby amended so as to read as follows:
The Judge shall, when the second and
third meetings have not been held together.
appoint third meeting of the creditors, at
which meeting or some meeting thereafter II It
appears to the satisfaction of the judge that the
debtor has made full declaration and delivery OF
all his estate herein required, and that he has in
all things concerned himself to the directions and
requirements OF the law relating to insolvent debt
ors, the judge shall grant him certificate of dis
charge which shall be in substance as follows:
State of veFns se' Court of Insolvency.
To all people to whom these presents shall come l,
A B judge OF the court of insolvency for the
district of send greeting:
WHEREAS, c. D., of , in the district
of has been duly adjudged an nso-
vent debtor under the act of the general assembly
Of the State of Vermont entitled an act to estab-
fish courts OF insolvency and to provide for the
equal distribution of the effects of insolvent debt
ors, and the said G. d having conformed to all
the requirements of law in that behalf 1t is there
fore ordered by the court that the said c. d. be
forever discharged from all debts and claims,
which by said &C. may be in such case discharged,
and which existed on the day of "A
D. IS ,on which day the petition for adjudica-
ton was filed by TOR against him.
Given under my hand and the seal of said court
this day of in the year of our Lord
SEC 1S. Section seventY-fve OF said chapter
is hereby so amended as to read as follows:
" The property in the State of the debtor
the filing of the petition shall not be sub
ject to attachment by trustee process or other
wise in any suit to recover debt which may
have been so provable and due to any person or
persons not resident in this State the time OF such
filing, or founded on any contract existing at the
time Of said filing, and made or to be performed
out of the limits OF the State.
SEC. 10 If, before service OF the notice required
by section ninety of said act the debtor in
writing admits that the facts set forth in the petit
ton are true and consents to be forthwith adiudged
an inSolvent debtor, the notice shall be dispensed
with and the same proceedings had if notice had
been given
SEC. 20. The fee to be paid to the judge of an
insovent for copies OF all papers required by
law to be furnished shall be seven cents folio
SEC. Section eghty-nine of said act is
hereby amended so as to read as follows:
Prior to the third meeting of the cred
itors the court shall order the assignee to
file his accounts in the court of insolvency
to final dividend, and notice of
such filing shall be given by the register in
the notice calling such third meeting of creditors
At the third meeting of the creditors at special
meeting duly notified, the judge shall audit and
pass the accounts OF the assignee and the assignee
SHALL if required by the court, be examined as to
the truth OF such account, and if found correct he
shall thereupon be discharged from liability
assignee to the creditors of the insovent debtors"
The Judge shall thereupon order a dividend of
the estate and effects remaining undivided, or such
part thereof he fit among such creditors as
respective amount of their said debts.
In the order for dividends under this chapter, the
following claims shall be entitled to priority pre-
ference, and be paid in the following order
First. The fees costs, and expenses OF suits, and
the several proceedings IN insolvency under this
chapter, and for the and custody of property
as herein provided.
Second. Debts due the United States, and taxes
and assessments made under the laws thereof
Third All debts due the State, and taxes and
assessments under the laws thereof,
Fourth Wages due any employee, clerk or
house servant, to an amount not exceeding fifty
dollars. ="
SEC. a. Section ninety-one of said act is hereby
amended to read follows:
A person residing in the State, and owing debts
to amount exceeding three hundred dollars, who
departs from the State with intent to defraud his
creditors being absent with such intent remains
absent or conceals himself to avoid the service of
legal process in any action for the recovery of a
debt demand provable under this chapter
conceals or removes any of his property to avoid
its being attached, taken, sequeStered on legal
process, or makes an assignment, gift, sale, con-
veyance transfer of his estate, property, rights,
credits, either within the State or elsewhere,
with intent to defraud or hinder his creditors or
who has been arrested and held in custody under
or by virtue OF meSne process or execution issued
out of the court of any State within which such
debtor has property, founded upon demand in
its nature provabe against an inSolvent debtors
estate under this chapter, and for sum exceeding
one hundred dollars and such process is remaining
in force, and not discharged by the laws of the
State applicable thereto for period of twenty
days or who, if his goods or estate are at
tached on mesne or trustee process, on cause of
action founded on contract for the of one hun
bred dollars or upwards, has not within twenty
days from the time of making such attac ment dis
solved the same by payment, replevin or otherwise,
given security therefor, or If such goods, chat
tells or estate have been levied upon and taken by
virtue of execution issued in a civil action
founded on contract to an amount exceeding
hundred dollars has not, within seven days after
said levy is made, dissolved the same by payment
or otherwise or who being insovent, or in
temptation of insolvency, makes payment, gift,
grant sale, conveyance, OF money or other prop
erty, estate, rights credits, or confesses judg
men, or procures his property 10 be taken on legal
process with intent to give preference to one or
more of his creditors, or to person who is or may
be liable for him as indorser, bail, surety, or other
wise, with intent by such disposition of his prop
erty defeat delay the operations of this chap
ter; who, being banker, broker merchant,
trader, manufacturer, miner, has frauduently
stopped payment, or, who, being a banker, broker,
merchant, trader, manufacturer, miner has stopped
or suspended and not resumed payment OF his
shall be deemed to have committed act of insol-
venCV and subject the conditions herein after