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 petition to the superior court for the benefit of this act, he or she may apply to either of the judges of the superior 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.

Mode of notice

to creditors out of the

state.

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

ers.

oath :-"You A. 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

Assignment of

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 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 to administer such oath to such insolvent debtor, and to propound 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

Commission

ers may exam

Certificate

to be evidence of conformity, and shall protect the person

of the insol

vent.

Proviso, that

on petition of

creditors, and proof of fraud, the superior court may adjudge certificate to be of no avail.

Powers and duties of the commission

ers.

quirement of this act and such certificate shall be evidence of his or her conformity, and as such shall operate to protect the person of such insolvent debtor from arrest or imprisonment, for, or on account of, any debt or demand due, or owing, to any creditor named in his or 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 contained in this act. Provided however, that if any creditor or creditors, the recovery of whose claim or claims is barred in manner aforesaid, shall prefer a petition against said insolvent, to the superior court, in the county wherein such insolvent resides, and shall, on trial thereof, make proof, that such insolvent hath fraudulently concealed, or wilfully neglected to assign any of his or her property, in 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 there. of; 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.

SECT. 4. The commissioners shall hold all such estate as shall be assigned to them, in manner aforesaid, for the 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 debts 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 assignment is made, give public notice of the times and

ers.

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, holden as aforesaid, 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 commissioners shall examine and decide upon all claims, which shall, at the time of said last meeting, remain undecided. And the commissioners shall average all claims allowed, 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 have been proved and allowed, his or her rateable share or dividend.

Average.

Powers of superior court

over commissioners.

SECT. 6. The superior court, which shall have appointed, shall have power, for cause shewn, to remove any commissioner, and to supply any vacancy, which shall 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 insolvent debtor's estate, shall have completed the settlement thereof, they shall return to the court, to be lodged on file, a true and complete account of the proceeds 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.

Doings of commissioners to be lodged on file in superior court.

eral to be ap

pointed;

TITLE 53. Inspection of Provisions.

An Act to regulate the Inspection of Provisions, and other articles of Commerce.

SECT. 1.

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, 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

to be sworn ;

to appoint dep

uties;

who shall give bonds,

treasurer of the state, in the penal sum of five thousand dollars, for the faithful discharge of his duty, and shall also be sworn faithfully to perform the same; and such inspector-general shall have power, when so qualified, to appoint, and shall appoint, a deputy-inspector, in each county, who shall be removable by him at pleasure, and for whom he shall be answerable; and shall take 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 respective counties, such a number of assistant inspectors, surveyors and packers, as shall be necessary, who shall give bonds, with surety, to the deputy-inspector, from whom such assistant, surveyor, or packer, shall receive his appointment, in a penal sum of not less than one hundred dollars, for the faithful discharge of their duty, and and be sworn. shall also be sworn faithfully to perform the same.

and appoint
assistants,

surveyors and
packers;
who shall give

bonds,

Assistant inspectors to

make return to the deputies;

SECT. 2. It shall be the duty of every assistant inspector to make return to the deputy-inspector, by whom he shall have been appointed, once in every three months, 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 shingles, inspected by him, agreeably to the provisions of this act; and every deputy-inspector shall make like return, inspector-gen- once in every six months, to the inspector-general, of the 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-general to senate. senate, of the whole number of barrels and half barrels, of beef, pork, fish and flour, and the number of barrels and

deputies to

eral ;

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, direct any one of his assistants, to go into any part of the county, for the purpose of inspecting any of the articles aforesaid.

A

deputy may sistant to go into any part of his county.

direct his as

Merchantable beef, what

shall be.

SECT. 3. No beef shall be packed or repacked, in barrels or half barrels, for exportation, unless it be of fat cattle, 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. 1.

No. 1; 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, shall be taken from the fore quarters; and the leg and legrounds, 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 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, 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,

No. 2.

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 hocks 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