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Proviso, that

on petition of creditors, and proof of fraud, the Superior Court may adjudge certifi cate to be of

no avail.

Powers and duties of the Commission

ers.

Meetings of commission

ers.

CHAP. XIV. Insolvency.

tained 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 thereon 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 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.

§ 3. Be it further enacted, That 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 he so assigned to them, and the same to convert into money, for the use of the creditors of such insolvent debtor.

§4. Be it further enacted, That 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 places of their meetings in such newspaper or newspapers as the superior court shall direct; and they shall meet at least three different times, the last of which meetings shall be at the expiration of six months from the public notice given aforesaid, unless the superiour court, holden as afore

CHAP. XIY: Insolvency.

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 di-
rection of such court and no claim shall be admitted
after such last meeting; but as soon as may be there-
after the commissioners shall examine and decide up-
on all claims which shall at the time of said last meet-
ing remain undecided and the commissioners shall
average all claims allowed, upon the avails of the es- Average.
tate which shall come to their possession, first deduct-
ing therefrom all claims which may be allowed in fa-
vour of this state, and a reasonable allowance for their
services and expences, and shall pay over to each cred-
itor, whose debt shall have been proved and allowed,
his or her rateable share or dividend.

:

over commis

§ 5. Be it further enacted, That the superiour court Powers of su
which shall have appointed, shall have power for perior court
cause shewn, to remove any commissioner, and to sup- sioners.
ply any vacancy, which shall happen, and may on mo-
tion of one fourth of the creditors in value; and reason.
able notice given to the commissioners, hear, and de-
cree concerning any proceedings by them had or any
neglect charged against them, after granting the cer
tificate aforesaid, and may by any proper process in
chancery, as occasion may require, compel the com-
missioners to execute their trust in such manner as he
court shall adjudge that the provisions of this act re-
quire. And as soon as the commissioners on any in- Doings of com
solvent debtors estate, shall have completed the settle- missioners to
ment thereof, they shall return to the court, to be lod- be lodged on
ged on file, a true and complete account of the file in superio
pro- court.
ceeds 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 Certificate to
given by the commissioners, in manner aforesaid shall be recorded
be recorded in 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.

General Assembly, October Session, 1815.
CHARLES DENISON, Speaker
of the House of Representatives.
JOHN COTTON SMITH, Governour;

Attest. THOMAS DAY, Secretary.

!

CHAP. XV. Sign Post.

Sign-post in first society of New-Hartford.

To be used as other signposts

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CHAP. XVI. Listers,

CHAP. XV.

An Act in addition to an act entitled "An act in addition to an act, entitled an act for erecting, and continuing a Sign Post in each town in this State."

$1. Court assembled, That in future there shall be erected and maintained in the first society in the town of New-Hartford, near the dwelling house of Theodore Cowles, by the committee of said society, an additional sign-post for all legal purposes, at the cost of said society, under the same penalty as is by law provided against select-men for their neglect to set up and maintain sign-posts in their several towns.

E it enacted by the Governour and Council

Bant Representatives in General

§ 2. And be it further enacted, That said sign-post may be improved for similar uses and purposes as sign-posts in the several towns in this state have heretofore been by law used.

General Assembly, October Session, 1815.
CHARLES DENISON, Speaker

of the House of Representatives. JOHN COTTON SMITH, Governour. THOMAS DAY, Secretary.

Attest.

CHAP. XVI.

An Act in addition to an Act entitled "An Act for the direction of Listers in their office and duty."

$ 1.

BE

E it enacted by the Governour and Council and House of Representatives in General Court assembled, That captains, subalterns, serjeant majors, quarter-master serjeants, drum-majors, fifemajors, and trumpet-majors, of the militia of this state, who shall completely uniform and equip themselves, and perform the duties of their respective offices with fidelity, or be prevented by sickness or other reasonable cause, and procure a certificats thereof from the commandant of the regiment to which they respectively belong, and also the captains and subalterns of the governour's guards, upon procuring a like certificate from the commander of the company to which they respectively belong, shall have their polls exempt from the list of polls and rateable estate, during the time they shall perform their duty as aforesaid; which certificate, each commandant of a regiment and each commander of a company of governour's guards, are respectively empowered to give on or before the tenth day of October in each year.

CHAP. XVI. Listers. CHAP. XVII. Boroughs.

sioned officers

§ 2. And be it further enacted, That the command- Certificates to ing officer of the respective militia companies in this non-commisstate shall give certificates to the non-commissioned and privates, officers and privates of their respective companies of when to be the exemption of their polls from the list on or before given. the tenth day of October in each year; and that so much of the twelfth section of the act entitled" An act for the direction of Listers in their office and duty" Repeal. as requires that such certificate shall be given in the month of September annually, be, and the same is hereby repealed.

General Assembly, October Session, 1815.

Attest.

CHARLES DENISON, Speaker
of the House of Representatives
JOHN COTTON SMITH, Governour.
THOMAS DAY, Secretary.

CHAP. XVII.

An Act for incorporating part of the town of

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Guilford.

rough.

and House of Representatives in General Court assembled, That all the freemen of this State, in- Limits of be habitants of the town of Guilford, in New-Haven county, dwelling and inhabiting within the following bounds, viz. beginning at the most southerly part of hogshead point so called, on the eastern side of the harbour in said Guilford; thence running in a straight line westerly, to the inner scow channel rock, at Mulberry point; thence by high water mark, to the sonthwesterly point of the west-river; thence on the west bank of said river, to Bradley's ship-yard; thence across the road so as to strike the most westerly bend of said river, a few rods north of said road; thence by the western bank of said river, to the brook which empties into said river, a little north of Linus Sexton's dwelling house; thence by said brook across the road; thence by the western line of the North Guilford road, so as to include the dwelling house of Bille Chittenden; thence in a line due east, to the brook a little south and east of the dwelling house of Abraham Evarts; thence down said brook to east creek; thence down said creek to the Sawpit-bridge so called; thence in a straight line to the eastern part of the Farmer's wharf on the banks of the east river; thence in a straight line to the first mentioned bounds: be and the same are hereby ordained, constituted and declared to be from time to time, forever hereafter, one body corporate and politic, in fact and in name, by the name of The Wardens, Burgesses, and Freemen of the Bor- Corporatė

name.

CHAP XVII. Boroughs.

General pow. ough of Guilford," and by that name they, and their successors forever, shall and may have perpetual succession, and shall be persons in law, capable of sueing and being sued, pleading and being impleaded in all suits of whatever nature soever, and also to purchase, hold and convey any estate, real or personal, and may have a common seal, and may change and alter the same at pleasure.

Annual meet

of officers.

§ 2. And for the better government of said borough, ing for choice be it further enacted, That there shall be a meeting of said borough holden annually in the month of March, at such time and place, as by the by-laws of said borough, shall be directed for the purpose of choosing all the officers of said borough, and that the officers chosen at said meeting shall continue in office for and during the term of one year from said annual meeting, unless others shall be chosen sooner, and qualified in their stead.

Officers to be chosen.

Mode of election.

Power of admitting free

men;

O levying tax

es.

Collectors;

§3. And that the said borough in legal meeting assembled, shall annually choose a warden and six burgesses, a clerk, treasurer and bailiff, all which officers shall be chosen by ballot, and on each ballot which shall be given in, shall be written the name for whom the same is given, and such ballot shall by the person giving the same in the presence of the warden and burgesses, or such of them as are present at such meeting, be put into a proper box for that purpose by said borough to be provided; and when the freemen present at any such meeting, shall have had a reas-onable time to give in their ballots, the warden, or in his absence the senior burgess present, in the presence of the meeting, shall open the box, sort and count the ballots, and the person who shall have the majority of the ballots given in, shall by the bailiff, or in his absence by the junior burgess present, be declared to be elected, and no ballot shall be received after the box shall have been opened.

§ 4. And the said borough in legal meeting assembled, shall have power, (the wardens and majority of the burgesses concurring,) to admit to the freedom of said borough, all such freemen of this State inhabitants of the town of Guilford, without the limits of said borough, as hold real estate, and are doing regular business in said borough, which persons so admitted, shall be entitled to all the privileges of freemen of said borough.

$5. And said borough in legal meeting assembled, shall have power to levy taxes on the polls, and ratea ble estate within the limits of said borough, for such purposes as said borough shall think proper, and to' choose a collector or collectors to collect such taxes,

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