Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-01-05


and with the effect as If the second and third
meetings had been held separately.
SIC. ~. 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, al
which meeting or some meeting thereafter If 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 conformed 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 Vermont '9, Court of Insolvency.
To all people to whom these presents shall COME,
A B., judge OF the court OF insolvency for the
district OF send greeting
WHgREAs, {. D. , in the district
OF has been duly adjudged an insol-
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 insolvcnt debt
ors, and the said {. ID. having coniormed TO all
the requirements OF law in that behalf II Is there
fore ordered by the court that the said c. D. be
forever discharged from all debts and claims,
which by said act may be in such case discharged,
and which existed on the day of "A.
ID. rs on which day the petition for adjudca-
ton was filed by Tor againsp him
Given under my hand and the seal of said court
! this day OF in the year OF our Lord
sfc 49, Section seventy-fve of said chapter
The property in the State OF the debtor
by him acquired subsequently, 70 the time OF
the filing OF the petition shall not be sub
| ject to attachment by trustee process other
wise IN any suit 10 recover debt which may
have been 10 provabc and due to any person or
persons resident IN this State at the time of such
hlirg, or founded any contract existing at the
time OF said Ming, and made or to be performed
out Of the limits Of the State
SIC 10. H. before service OF the notice required
{ by section ninety Of said act the debtor IN
writing admits that the facts set forth in the peti.
ton are true and consents TO be forthwith adludged
an insovent debtor. the notice shall be dispensed
with and the same proceedings had as II notice had
been given.
SEC 40 The fee to be paid to the Judge OF an
insovent court for copies OF all papers required by
law to be furnished shall be seven cents folio.
SEC. Section eighty-nine OF said act Is
hereby amended as to read as follows
Prior to the third meeting OF the cred
tors the court shall order the assignee to
file his accounts in the ,s court Of insolvency
such filing shall be given by the register In
the notice calling such third meeting Of creditors
AT the third meeting OF the creditors or a, special
meeting duly notified, the Judge shall audit and
pass the accounts of the assignee and the assignee
shall II required by the court, be examined as to
the truth of such account and II found correct he
shall thereupon be discharged from liability as
assignee to the creditors OF the nsolvent debtors
The judge shall thereupon order dividend Of
the estate and effects remaining undivided, or such
part thereof as he sees it among such creditors as
have proved their claims, in proportion to the
respective amount Of their said debts.
In the order Tor dividends under this chapter, the
following claims shall be entitled to priority or 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 care and custody OF property
as herein provided.
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, OF
house servant, to an amount not exceeding nifty
dollars A"
SIC. "a. Section ninety-one OF said act is hereby
amended so as TO read as follows
A person residing in the State, and owing debt'
TO an amount exceeding three hundred dollars, who
departs from the State with intent to deiraud hi,
creditors, or being absent with such intent remain,
absent, conceals himself to avoid the service o
, legal process in any action for the recovery of
/ debt demand provable under this chapter Of
coneeals or removes any OF his property to avoid
its being attached, taken, or sequesered on lega
: process, makes an assignment, gift sale, CON
veyance transfer OF his estate, property, rights
or credits, either within the State or elsewhere
with intent to defraud or hinder his creditors; Of
who has been arrested and held In custody unde
or by virtue OF mesne process or execution ISSUED
out OF the court of any State within which sucf
debtor has property, founded upon a demand II
its nature provable against an insolvent debtor
estate under this chapter and for sum exceeding
one hundred dollars, and such process IS remaining
E in force, and not discharged by the laws Of III,
D State applicable thereto for a period OF twent,
c days who, II his goods or estate are at
tached on mesne or trustee process, on cause o
action founded on contract Tor the sum of one hun
? bred dollars or upwards has not within twenty
days from the time OF making such attac ment dis
c solved the same by payment, rcpievn or otherwise
or given security therefor, or II such goods, chat
tells estate have been levied upon and taken by
virtue OF an execution issued In a civil actor
founded contract TO an amount exceeding on,
( hundred dollars has not, within seven days afte
said levy is made, dissolved the same by paymen
or otherwise or who being insolvent or in con
temptation OF insolvency, makes a payment, gift
grant sale, conveyance, Of money other prop
Y crty estate, rights, credits, confesses iudg
ment, or procures his property TO be taken on lega
RrRr NatFh int lrf n uig 20 q
more Of his creditors, or 10 person who is may
be liable for him as ndorser bail, surety, other
wise, with nten, by such disposition OF his prop
cry 10 defeat delay the operations Of this chap
teri OF who, being a banker, broker, merchant
1 trader, manufacturer, or miner, has frauduentl
Y stopped payment, or, who being banker, broker
merchant trader, manufacturer miner has stoppet
or suspended, and not resumed payment Of hi
4 commercial paper within period OF fourteen days
shall be deemed to have committed an act OF insol
{ venoy, and subject to the conditions hercinafte
prescribed, shall or may he adiudged an nsolven
/ debtor upon the petition of any OF his creditor
, whose claims, proyable against his estate, amour
4 10 the sum OF two hundred and fifty dollars
e Such creditors may within ninety days ,hereafte
apply to the Judge In the district where such debto
resides, or II removed from the State In the distrc
S where he last resided setting forth the facts am
It the nature Of such claims verified by oath, an
praying that the estate of such debtor may be seize
and distributed according to the provisions OF hi
IS chapter.
The Judge, after notice Of said petition given I
the debtor by copy thereof served upon him person
ally or LETT at his last and usual place OF abode stat
II ing the time and place OF hearing therein, whic
shall be at least ten days after service thereof,
: after hearing before him OF the petitioner and tn
debtor, or, II the debtor does not appear in pursu
ance Of said notice II the facts set forth in the pet
e ton appear to be true and founded upon just
shall forthwith make an adjudication OF insolvene
n Of said debtor
n Upon making such adjudication the Judge sha
y forthwith order said debtor to file with the register
+ within six days thereafter, true schedules Of hi
creditors assets and Indebtedness, as required b
,t the provisions Of this chapter In Of adudcs
s. ton OF insolvency upon debtors petition, and k
is proceedings shall thereafter be had as in
y voluntary insolvency
he In case the debtor is without the State and has
et place of abode therein, notice may be given cred
and the FIRST meeting called by publication onll
lie In such manner the judge directs.
Of In case the adjudication OF insolvency Is denies
as prayed in a creditors petition, the petition,
shall be allowed his costs, taxed for attendance