May Session, 1809. CHAP. I. An Act in addition to and alteration of an Act, entitled "An Act, for forming and conducting the Military force of this State." Bie Judge Advo E it enacted by the Governour and Council and House of appointment of Judge Advocates may be made from commis- cates may be appointed sioned, or staff officers, any thing in the Act to which this is from staff, or in addition and alteration to the contrary notwithstanding. General Assembly, May Session, 1809. LYMAN LAW, Speaker of the JONATHAN TRUMBULL, Governour. Attest, SAMUEL WYLLYS, Secretary. CHAP. II. An Act in addition to an Act concerning Delin B quents. commissioned officers. E it enacted by the Governour and Council and House of Representatives in General Court assembled, That the State-AttorState-Attornies in the respective counties, by and with the ad- nies with advice of the vice of the Superior or County Courts, be, and they are hereby Court may authorised, at their discretion, to discharge from imprisondischarge dement, any person convicted of a crime or offence and holden linquents holonly for the payment of a fine and cost, or either, and hath den for fine no property, or means of satisfying the same, taking his or and cost. her note therefor, or security, if obtainable. General Assembly, May Session, 1809. LYMAN LAW, Speaker of the JONATHAN TRUMBULL, Governour. Attest, SAMUEL WYLLYS, Secretary. Chap. III. Cities. Chap. IV. City Court. CHAP. III. An Act in further addition to an Act, entitled "An An additional Betresentatives in General Court assembled, That power E by the Governour and Council and House of Hartford may be constituted Fire Company and authority be, and hereby is granted to the Court of Comin City of mon Council of the City of Hartford, on the first Monday of July annually, to nominate and appoint thirty persons living within the limits of said City, to be Fire-Men, to serve in an additional Fire Company, constituted in said City, by the By-Laws thereof, to work a Fire-Engine within the same; and that upon the nomination and appointment thereof, as aforesaid, the persons so appointed shall be exempted from Fire-men exdoing military duty, in the companies to which they respecempt from military duty. tively belong, so long as they shall actually serve in said Fire-Company, in consequence of such nomination and appointment. Proviso. Provided nevertheless, That this Act shall not exempt any person liable to perform military duty in any Company of Artillery or Cavalry, or in the Governour's Guards. General Assembly, May Session, 1809. LYMAN LAW, Speaker of the JONATHAN TRUMBULL, Governour. Attest, SAMUEL WYLLYS, Secretary. CHAP. IV. An Act relating to the times of holding City Courts, in the Cities of Hartford and New-Haven. B E it enacted by the Governour and Council and House of City Court in Representatives in General Court assembled, That from Hartford and and after the second Tuesday in July next, the City Court, New-Haven in and for the City of Hartford, shall be held on the first Mon-when to be day in each month, instead of the second Tuesday, and in and holden. for the City of New-Haven on the first, instead of the second Tuesday in each month, any law to the contrary notwithstanding. General Assembly, May Session, 1809. LYMAN LAW, Speaker of the JONATHAN TRUMBULL, Governour. Attest, SAMUEL WYLLIS, Secretary. Chap. V. Insolvency. CHAP. V. An Act to authorize the Superior Court to grant relief in certain cases of Insolvency. examination debtor. E it enacted by the Governour and Council and House The Superior $1. B of Representatives in General Court assembled, That Court, upon whenever any person, who is an inhabitant of this State, shall petition and according to the accustomed form of Chancery process, pre- may declare fer his or her petition against his or her creditors, to the Su- the petitioner perior Court, held in the County whereof he or she is an in- an insolvent habitant, representing that he or she is insolvent, and praying for relief; such Court shall as a Court of Chancery, have cognizance of the case: and if upon a hearing, and examination had, it shall appear to the Court, that the petitioner has a fair character for probity and industry, and is not justly chargeable with 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. §2. Be it further enacted, That whenever any person is May appoint adjudged to be an insolvent debtor, in manner aforesaid, such CommissionCourt shall have power to appoint two or three judicious dis- ers. interested persons, to act as commissioners, in exercising the powers, and granting the relief in this act hereafter specified and such commissioners, before they shall be capable of acting shall respectively take the following oath : You, A. B. do swear, that you will faithfully and impar- Oath of Comtially, according to your best skill and knowledge, execute missioners. the several powers and trusts reposed in you, as a commis sioner 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 enure to such insolvent debtor, he or she shall within thirty days from the Assignment rising of the Court aforesaid, assign upon oath to such com- to Commismissioners, by legal and proper conveyances, all his or her sioners. estate, real or personal, in possession, remainder or reversion, excepting 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 pro- minister oath ers may adpound to him or her interrogatories, to be answered upon to the insoloath, touching his or her estate, and if in the opinion of the vent, and procommissioners, such insolvent shall have made a full and fair pose interrog: disclosure and assignment of his or her estate, according to atories. of conformity -and shall protect the person of the Insolvent. Chap. V. Insolvency. the true intent of this act, and not otherwise, the commisCertificate of sioners shall deliver to such insolvent, a certificate under Commission their hands, that he or she has made an assignment of his or ers-evidence her estate in conformity to the requirements 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 such 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 shail 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 thereafter the certificate given to such insolvent debtor, shall be of no avail as evidence in any Court of Law or Chancery. Provided he has not fraudulently con cealed property, &c. Commissioners to hold the estate for all the creditors §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 acdebts in their tion commenced by him or her, and to institute and pursue own name, to final judgment, any suit for the recovery of any estate asAnd dispose of the estate signed as aforesaid. And it shall be the duty of the commis who prove their debts. May collect &c. for the use sioners, to dispose of, sell and convey, as speedily as may be, of all the cred- all the effects and estate which shall be so assigned to them, itors. and the same to convert into money, for the use of the creditors of such insolvent debtor. Commissioners shall re ceive and ad just the debts of those who present claims. §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 Chap. V. Insolvency. that purpose they shall within thirty days from the time such To give noassignment is made, give public notice of the times and pla- tice of their ces of their meetings, in such news-paperor news-papers, as the meeting. 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 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 Claims not shall be admitted after such last meeting; but as soon as proved at last may be thereafter, the commissioners shall examine and de- meeting to be barred. cide 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 Average to be which shall have come to their possession, first deducting deducting therefrom all claims which may be allowed in favor of this debts due the State, and a reasonable allowance for their services and ex- state and pences, and shall pay over to each creditor, whose debt shall compensation have been proved and allowed, his or her rateable share or dividend. made after to commissioners. Court may remove com review their § 5. And be it further enacted, That the Superior Court which shall have appointed, shall have power for cause shewn, to remove any commissioner, and to supply any va- missioners cancy which shall happen, and may, on motion of one fourth and supply of the creditors in value, and reasonable notice given to the vacancies and commissioners, hear and decree concerning any proceedings proceedings by them had, or any' neglect charged against them, after and compel granting the certificate as aforesaid, and may by any proper the execution process, in Chancery, as occasion may require, compel the of their trust. 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 commission return to the Court, to be lodged on file, a true and complete Doings of account of the proceeds of such insolvent debtors estate, as ers, certifialso of the several debts by them allowed, and of their char- cate, &c. to be ges and expences as commissioners, and the certificate given lodged on by the commissioners, in manner aforesaid, shall be recorded file in superiin 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. or court. § 6. And be it further enacted, That this Act shall contin- Act to be in ue in force two years from the rising of this Assembly and force two no longer. General Assembly, May Session, 1809. years. House of Representatives. JONATHAN TRUMBULL, Governor. Attest, SAMUEL WYLLYS, Secretary, |