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the court, that the petitioner has a fair character for Substance of probity and industry, and is not justly chargeable with the petition. idleness or mismanagement in his or her affairs, and that he or she has become insolvent, and has not conveyed any of his or her estate with intent to defraud his or her creditors, he or she shall be deemed and adjudged to be an insolvent debtor within the true intent and meaning of this act.
sect. 2 Whenever any debtor shall prefer his or her Mode of notice petition to the superior court for the benefit of this act, he to creditors or she may apply to either of the judges of the superior state. court, who is hereby authorized to grant an order, directing the notice which shall be given on such petition, to the creditors of such debtor, living without this state; and on proof being made to said court that such order has been complied with, the court may, at their discretion, proceed to hear and determine such petition, at the term to which the same is made returnable.
sect. 3. Whenever any person is adjudged to be an insolvent debtor, in manner aforesaid, such court shall have power to appoint two or three judicious and disinterested persons to act as commissioners, in exercising the powers, and granting the relief in this act hereafter spe- Commissioncified; and such commissioners, before they shall be capable of acting, shall, respectively, take the following oath :-"You Ă. B. do swear, that you will faithfully and Form of their impartially, according to your best skill and knowledge, oath. execute the several powers and trusts reposed in you, as a commissioner on the estate of
: So help you God.” And the commissioners who shall be sworn as aforesaid, shall proceed, as soon as may be, to execute their powers.
And in order that the relief provided in this act may ensue to such insolvent debtor, he or she shall, within thirty days from the rising of the court aforesaid, assign upon oath, to such commissioners, by legal and proper conveyances, all his or her estate, real
Assignment of or personal, in possession, remainder, or reversion, ex- estate. cepting only such estate, as is not by law liable to be taken in execution; and the commissioners shall be authorised
Commissionto administer such oath to such insolvent debtor, and to
ers may exampropound to him or her interrogatories to be answered up- ine insolvent on oath, touching his or her estate; and if, in the opin- on oath. ion of the commissioners, such insolvent shall have made a full and fair disclosure and assignment of his or her estate, according to the true intent of this act, and not otherwise, the commissioners shall deliver to such insolvent a certificate, under their hands, that he or she has made an assignment of his or her estate, in conformity to the re
quirement of this act: and such certificate shall be evito be evidence
dence of his or her conformity, and as such shall operate of conformity, and shall pro- to protect the person of such insolvent debtor from artect the person rest or imprisonment, for, or on account of, any debt or of the insol
demand due, or owing, to any creditor named in his or vent.
her petition, at the date thereof, or to any other creditor, who shall claim or receive any share or dividend from his or her estate, by virtue of the provisions hereafter con
tained in this act. Provided however, that if any creditor Proviso, that
or creditors, the recovery of whose claim or claims is creditors, and barred in manner aforesaid, shall prefer a petition against proof of fraud, said insolvent, to the superior court, in the county wherethe superior
in such insolvent resides, and shall, on trial thereof, make court may adjudge certifi- proof, that such insolvent hath fraudulently concealed, or cate to be of wilfully neglected to assign any of his or her property, in no avail. manner aforesaid ; or directly, or indirectly, sold, or
otherwise disposed of, any part thereof, thereby to secure the same, to receive or expect any profit or advantage thereof; or that any creditor, or pretended creditor, of such insolvent, has exhibited to the commissioners, any fictitious or false debt or demand, with intent to defraud the real creditors of such insolvent, and that he or she, knowing thereof, hath neglected to make discovery thereof; such proof shall be evidence that such insolvent debtor hath deceived and defrauded his or her creditors; and it shall thereupon be the duty of the court to adjudge, that hereafter the certificate given to such insolvent debtor, shall be of no avail as evidence in any court of law
or chancery. Powers and SECT. 4. The commissioners shall hold all such estate duties of the as shall be assigned to them, in manner aforesaid, for the commission
benefit of all the creditors of such insolvent debtor as shall exhibit and prove their claims; and shall have full power, in their own names, or otherwise, to collect all dehts due, or owing to such insolvent, and to pursue any action commenced by him or her, and to institute, and pursue to final judgment, any suit for the recovery of any estate assigned as aforesaid ; and it shall be the duty of the commissioners to dispose of, sell and convey, as speedily as may be, all the effects and estate, which shall be so assigned to them, and the same to convert into money, for the use of the creditors of such insolvent debtor.
SECT. 5. The commissioners shall also receive, adjust, and ascertain the several debts, due and owing, by the insolvent debtor, to such of his or her creditors, as shall seasonably present and prove the same ; and for that purpose, they shall, within thirty days from the time such assigoment is made, give public notice of the times and
places of their meetings, in such newspaper or newspapers, as the superior court shall direct; and they shall meet at Meetings of least three different times, the last of which meetings shall commissionbe at the expiration of six months from the public notice given aforesaid, unless the superior court, hoiden as afore. said, shall, for cause shewn, adjudge it reasonable, that the time of the last meeting be further extended ; in which case, the commissioners shall conform to the direction of such court: and no claim shall be admitted after such last meeting ; but as soon as may be thereafter, the commis, sioners shall examine and decide upon all claims, which sball, at the time of said last meeting, remain undecided. And the commissioners shall average all claims allowed, Average. upon the avails of the estate which shall come to their possession, first deducting therefrom all claims, which may be allowed in favor of this state, and a reasonable allowance for their services and expenses ; and shall pay over to each creditor, whose debt shall bave been proved and allowed, his or her rateable share or dividend.
sect. 6. The superior court, which shall have appoint- Powers of sued, shall have power, for cause shewn, to remove any
perior court commissioner, and to supply any vacancy, which shall sioners.
over commis happen; and may, on motion of one fourth of the creditors in value, and reasonable notice given to the commissioners, hear, and decree concerning any proceedings by them had, or any neglect charged against them, after granting the certificate aforesaid ; and may, by any proper process in chancery, as occasion may require, compel the commissioners to execute their trust, in such manner as the court shall adjudge that the provisions of this act require. And as soon as the commissioners on any Doings of cominsolvent debtor's estate, shall have completed the set- missioners to tlement thereof, they shall return to the court, to be lodg- be lodged on
file in superior ed on file, a true and complete account of the proceeds court. of such insolvent debtor's estate, as also of the several debts by them allowed, and of their charges and expenses as commissioners; and the certificate given by the Certificate to commissioners, in manner aforesaid, shall be recorded in be recorded. the records of the court, declaring any person to be an insolvent; and an authenticated copy thereof shall be admitted in evidence in all courts in this state.
TITLE 53. Inspection of Provisions.
and other articles of Commerce.
E it enacted by the Senate and House of Rep
resentatives, in General Assembly convened, Inspector-gen- That there shall be an inspector-general of beef, pork, eral to be appointed ;
fish, flour, corn-meal and shingles, for this state, who shall be well skilled in the knowledge of the same, to be appointed by the senate, and to be by them removable at
pleasure, who, before he shall enter on the duties of his to give bond; said office, shall give bond, with sufficient surety, to the
treasurer of the state, in the penal sum of five thousand
dollars, for the faithful discharge of his duty, and shall also to be sworn ;
be sworn faithfully to perform the same ; and such in
spector-general shall have power, when so qualified, to to appoint dep- appoint, and shall appoint, a deputy-inspector, in each uties;
county, who shall be removable by him at pleasure, and who shall give for whom he shall be answerable; and shall take bonds bonds,
from them to himself and successor in said office, with sufficient sureties, in a penal sum, not exceeding one
thousand dollars, and the said deputy-inspectors shall and be sworn ; also be sworn to a faithful discharge of their duty; and
each of the deputy-inspectors, when so appointed and
qualified, shall appoint, in the several towns in their reand appoint
spective counties, such a number of assistant inspectors, assistants, surveyors and surveyors and packers, as shall be necessary, who shall packers ; give bonds, with surety, to the deputy-inspector, from who shall give whom such assistant, surveyor, or packer, shall receive bonds,
his appointment, in a penal sum of not less than one hun
dred dollars, for the faithful discharge of their duty, and and be sworn. shall also be sworn faithfully to perform the same. Assistant in SECT. 2. It shall be the duty of every assistant inspecspectors to tor to make return to the deputy-inspector, by whom he make return to shall have been appointed, once in every three months, the deputies;
of the number of barrels and half barrels, of beef, pork, fish and flour, and of the number of barrels and hogsheads of corn-meal, and the number of thousands of shin
gles, inspected by him, agreeably to the provisions of this deputies to act; and every deputy-inspector shall make like return, inspector-gen- once in every six months, to the inspector-general, of the eral ;
several articles aforesaid, inspected by him and his assistants; and it shall be the duty of the inspector-general,
in the month of May, annually, to make return to the inspector-genpral to senate. senate, of the whole number of barrels and half barrels, of
beef, pork, fish and flour, and the number of barrels and
hogsheads of corn-meal, and the number of thousands of shingles, inspected according to the directions of this act, in this state, the year preceding, designating the different sorts and qualities of the articles aforesaid, and the places where they were inspected ; and any deputyinspector may, when requested, and at his discretion, A deputy may direct any one of his assistants, to go into any part of the sistant to go county, for the purpose of inspecting any of the articles into any part aforesaid.
of his county. SECT. 3. No beef shall be packed or repacked, in bar- Merchantable rels or half barrels, for exportation, unless it be of fat cat. beef, what
shall be. tle, not under two years old, and all such beef shall be cut into pieces as nearly square as may be, which shall not exceed eight pounds in weight, nor be less than four pounds weight. All beef which the inspector-general, deputy-inspector, or assistant, shall find, on examination, to have been killed at a proper age, to be fat, and otherwise good and merchantable, shall be sorted and divided by him, in five different sorts, for packing and repacking into Five sorts. barrels or half barrels, to be denominated, mess ; prime, No. ! ; prime, No. 2 ; cargo; or hock. Mess beef shall Mess beef. consist of the choicest pieces of oxen or steers, three years old or more, well fatted, and weighing six hundred pounds, or more : the shin, shoulder-clod and neck, sball be taken from the fore quarters; and the leg and leg. rounds, from the hind quarters : and each barrel and half barrel, containing beef of this description, shall be branded on one of the heads, with the words “ Mess Beef.” Prime beef, No. 1. shall consist of choice pieces Prime beef, of fatted oxen, steers, cows or heifers, three years old, or
No. 1. more, not under four hundred pounds weight, and to average five hundred and twenty pounds weight, without any neck or shanks; on one head of each barrel and half barrel of beef of this description, shall be branded, * Prime Beef, No. 1.” Prime beef, No. 2. shall consist Prime beef; of fat cattle, of all descriptions, not before mentioned,
No. 2. three years old, or more, (bulls excepted,) with not more than half a neck and three shanks, and without any hocks ; each barrel and half barrel of which shall be branded, * Prime Beef, No. 2.” Cargo beef shall consist of fat- Cargo beef. ted cattle, of any description, two years old, or more, each barrel of which may contain two hocks and one half neck, and no more ; each barrel and half barrel of which, shall be branded, “ Cargo Beef.” Hock beef shall con- Hock beef. sist of bocks and necks, the flesh of the cheeks, hearts, and skirts of hearts of fatted cattle, of all descriptions, two years old, or more; each barrel and half barrel of which shall be branded “ Hock Beef.” And every bar. How salted ; rel of beef shall be salted with seventy-five pounds of