eftate for that and Charges as he fhall judge reasonable, by difpofing of the Lands purpose, &c. or real Eftate, for that Purpofe, in fuch Way and Manner, as he fhall judge to be moft equitable and beneficial for the Widow and Heirs, or Devifees of such Eftate; any Law or Usage to the contrary notwithstanding. To accommo 2. And be it further enacted, That whenever the Court of Prodate heirs, the bate fhall find it will beft accommodate the Heirs of any Estate to court of pro- diftribute Part of the perfonal Estate to the male Heirs, and Part bate may dif- of the real Estate to the female Heirs; and no Provifion to the tribute part real eftate for contrary is made by Will; fuch Court of Probate fhall order fuch perfonal, &c. Diftribution accordingly. Part of an At repealed, after the prefent feffion of Affembly. Infolvent eftates to be equally divided, &c. except. An A&t in Alteration of An Act, entitled An Act, for the Settlement of teftate and inteftate Estates. [ENACTED IN OCTOBER 1792.] BE it enacted by the Governor and Council, and Houfe of Reprefent tatives, in General Court affembled, That fo much of faid Act as is included under the Exception, viz.-"Except the eldest Son then surviving, where there is no iffue of the firft Born, or of any other elder Son, who fhall have two Shares, or a double Portion of the Whole," be, and the fame is hereby Repealed. Provided neverthelefs, That in the Settlement of the Eftate of any Perfon heretofore Deceased, or who fhall Deceafe before the rifing of the prefent Seffion of Affembly, the Court of Probate fhall proceed, and the Rights of the Heirs of fuch deceased Person, shall vest in the fame Manner as if this A&t had not been paffed. An Act for the equal Divifion and Diftribution of In folvent Eftates. PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That when the Estate of any Perfon deceased fhall be infolvent, or infufficient to pay all the juft Debts which the Deceafed owed, the fame fhall be fold, and the Avails thereof be divided and diftributed to and among all the Creditors, in Proportion to the Sums to them refpectively owing, fo far as the Eftate will extend, faving that the Debts due to this State, and for Sickness, and neceffary funeral Charges of the Deceased, are to be first paid. 2. And the Executor or Adminiftrator appointed to adminif ter on any fuch infolvent Estate, before Payment be made to any Eecutor or ad- Perfon, (except as before excepted) fhall represent the Condition miniftrator's and Circumftances thereof unto the Judge of the Probate of duty, &c, Wills and granting of Administrations, who fhall nominate and appoint two or more fit and indifferent Perfons, to make a true and equal Appraisement of fuch Eftate, and adminifter the Oath by Law prefcribed to them for that Purpofe; and fhall alfo nominate and appoint two or more fit Perfons to be Commiffioners, with full Power to receive and examine all the Claims of the feveral Creditors, and how they are made out and evidenced; which Com- Commiffioners to be appointmiffioners fhall be fworn according to Law, and caufe the Times ed, &c. and Places of their Meetings for attending the Creditors, in order for the receiving and examining of their Claims, to be made known and published, by fetting up or pofting Notifications thereof in fome public Places in the Town where fuch deceafed Perfon laft dwelt: and alfo by advertising the fame in one or more of the public News-Papers in this State, and any further Notice that the Court of Probate may order: And the faid Judge of Probate fhall allow fix, ten or eighteen Months (as the Circumftances of the Eftate may require) for the Creditors to bring in their Claims and prove their Debts: At the end of which Time limited as aforefaid, fuch Commiffioners fhall make their Report, and prefent a Lift of all Claims to fuch Judge, who fhall order them a meet Recompence out of the Eftate for their Care and Labour in that Affair. commiffioners 3. And if on the Report of the Commiffioners, fuch Eftate fhall appear to be infolvent, the Judge of Probate to whom fuch Report is made, fhall order and fet out to the Widow of the Deceafed (if any be) fuch neceffary houfhold Goods as are mentioned in the Law, entitled," An Act for directing and regulating the lev ying and ferving Executions," to be exempted from Execution; If on report of which Goods fo fet out, fhall be her own Property. And the Judge fhall alfo order the Widow's Dower to be fet out accor- the estate ding to Law: And the Refidue and Remainder of faid Eftate, prove infelboth real and perfonal (including that fet out for the Widow's vent, how to Dower, and under the Incumbrance of her holding it for Life) proceed. the Judge of Probate fhall order and direct the Executor or Adminiftrator, or Executors or Adminiftrators appointed to adminifter on fuch Eftate, to fell in fuch Way and Manner as to the Judge fhall appear fafeft and moft for the Benefit of the Creditors. And fuch Executors and Adminiftrators, being fo ordered. and directed, fhall have full Power and Authority, and they are hereby authorized and empowered to make Sale thereof, and to make and execute legal and proper Conveyances to the Purchafers, which fhall be good Evidence in Law for their holding the fame accordingly. And fuch Sales being made, the faid Executors and Adminiftrators fhall render Account to the Judge of Probate of the Amount thereof, and the Monies arifing thereby. And the Judge fhall thereon order full Payment to be made of the Debts due to this State, and for Sickness, neceffary funeral Expences, and incident Charges of fettling and felling the Eftate: And the Refidue to be paid to the feveral Creditors who have made out and evidenced their Claims according to the Directions of this Act, as aforefaid, in Proportion to the Sums to them refpe&ively owing. Provided always, That nothwithstanding the Report of any fuck 172 Provifo. Eftates confifcated. Commiffioners, or Allowances thereof made by the Court of Probate, it fhall and may be lawful to, and for the Executors or Adminiftrators aforefaid, to conteft the Proof of any Debt at the common Law. 4. And no Process in Law (except for Debts due to this State, No fuit allow and for Sicknefs, and funeral Charges) fhall be admitted or allowed against the Executors or Adminiftrators of any infolvent Eftate, fo long as the fame fhall be depending as aforesaid. ed, &c. Execution to 5. And in Cafe Judgment fhall be rendered against any Executors or Adminiftrators of any infolvent Eflate, Execution thercon fhall be ftayed until fuch Estate can be fettled according to this A&t: And the judgment Creditor fhall take no more than be stayed, &c. his Proportion of the faid infolvent Eftate with the other Creditors; and in Cafe that be not paid on the Settlement of the Estate, fuch Creditor fhewing the fame, and producing a Certificate of his Proportion, the Court fhall order Execution on fuch Judgment for no more than the Proportion aforefaid. Creditors not bringing in their claims, 6. And whatsoever Creditor fhall not make out his or her Claims with fuch Commiffioners, before the full Expiration of the Time fet and limited for that Purpose, as aforefaid, fuch Creditor fhall forever after be debarred of his or her Debt; unless he &c. unless, &c. or fhe can fhew or find fome other or further Eftate of the Deceafed, not before discovered and put into the Inventory. to be debar'd, Confifcated eftates, how difpofed of. An Act directing certain confifcated Eftates to be fold. PAR. 1. BE E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That all Lands which are forfeited to this State, by any Perfons adjudged guilty of the Crime of having voluntarily put themfelves under the Protection and joined with the Enemies of the United States, which are not under Mortgage, or are not already efpecially ordered to be otherwife fold or difpofed of, fhall, after having been advertised in at least one of the common News Papers of this State for three Weeks fucceffively, be fold at public Vendue, for Spe cie, on one Year's Credit on Intereft, fecured by fufficient Sureties, or Notes which are or fhall be given by the Treasurer of this State to the Officers and Privates of the Connecticut Line of the Army, for Services rendered prior to the paffing of this Act, computing the Intereft arifen thereon to the Time of the Sale. Which Sales fhall be made under the direction of the feveral Judges of Probate, who are legally empowered to grant Administration upon any fuch forfeited Eftates. And it is hereby further ordered, that upon the Sale of any fuch Eftate, or any Part thereof, as fuch Judge fhall direct, he fhall tranfmit to the Treasurer of this State a general Defcription of the Eflate fo fold, together with the Avails of fuch Sales, diftinguifhing the Specie from the Notes received thereby, and alfo the Name of the Perfon or Perfons to whom the fame has been fold; and fhall also tranfmit a fimilar Account to the Committee of Pay-Table; each of which faall make proper Entries thereof in their refpective Offices, in an Account with fuch Judge. And it is alfo ordered, that every fuch Judge, upon the Sale of any fuch Eftate, under his Direction, fhall tranimit a Deed of Sale thereof to the Treasurer, and indorse thereon a Request to him to execute it in Favour of the Purchaser; and thereupon the Treasurer fhall execute fuch Deed in Behalf of this State; which Deed, together with the Indorsement thereon, fhall be recorded in the proper Office. Always provided, That no Sale fhall be made of any fuch forfeited Eftate until a Return of the Commiffioners appointed to ex- Provifo. amine the Claims of the Creditors thereof, has been made and accepted; and that no fuch Judge fhall transmit more of the Avails of fuch Eftate to the Treafurer than the Surplus of the Debts which remain unpaid, and Charges of Administration and Cofts attending the Negociation of fuch Sale and Transfer; all which are to be liquidated and allowed by fuch Judge; who shall direct the Payment thereof to the Perfons to whom they are due. Provided alfo, That all Proceedings refpecting the Debts, Sales, and Allowance of Cofts, and every other Matter relative to the Settlement of any fuch Eftate, fhall be entered in the Registry of the Office of fuch Judge. any Provifo. 2. And be it further enacted, That every fuch Judge of Probate be directed and empowered to authorize fome proper Perfon to how recovered If mortgaged inftitute Suit in Behalf of this State, for the Recovery and and difpofed Sefin of any fuch Eftate, which had been mortgaged to the Per- of. fon or Persons adjudged guilty as aforefaid, before fuch Eftate had been adjudged forfeited as aforefaid; and upon any fuch Recoverý, fuch Judge fhall, in Cafe the Debt for which fuch Estate was inortgaged, and the Cofts for the Recovery thereof shall not be paid within fix Months after fuch Recovery, order the fame to be fold, and fhall otherwife be proceeded with as is directed by this Act; and in that Cafe the Mortgagor or Mortgagors fhall thereafter be forever debarred from obtaining any Recovery therefor, either in Law or Equity, except for the Surplus that fuch Eftate fhall fell for, more than the Debt and Coft as aforefaid. Provided always, That if fuch Eftate fhall be under any Mort- Provifa. gage to any other Perfon or Perfons than to him or them who fhall have been adjudged guilty as aforefaid, previous to such Adjudication, the fame fhall be fold under fuch Incumbrance. tled. 3. Be it further enacted, That the faid Judges of Probate fhall Perfonal ef tate how fesproceed to fettle the perfonal Eftates forfeited as aforesaid, accor-ding to Law, and fhall transmit the Avails thereof to the Treasu-rer, and duplicate Accounts of their Proceedings relative thereto, to the Treasurer, and Committee of Pay-Table, in the Manner heretofore directed by this A&t; fo that a complete Settlement may be made of such Eftates, as foon as the Circumstances thereof - will admit. 174 523. Executions. An Act for directing and regulating the levying and ferving of Executions. PAR. 1. E it enacted by the Governor and Council, and Houfe of B Reprefentatives, in General Court affembled, That when any Judgment is recovered, and Execution is taken out thereon, the Sheriff or other Officer to whom the Execution is Officers duty to repair to the directed, fhall repair to the place of the Debtor's ufual Abode, if debtor's abode within his Precinct, and there make Demand of the Debt or Sum and make de- due on fuch Execution, with all neceffary Charges of executing mand, &c. Goods to be posted, &c. the fame; and upon refusal or neglect of Payment of the fame, the Officer fhall levy the Execution upon any of the perfonal or moveable Eftate of the Debtor; except neceffary Apparel, Bedding, Tools, Arms or Implements of his Houfhold, neceffary for upholding his Life; and upon fuch Goods alfo, if they fhall be presented by the Debtor. 2. And the Officer fhall forthwith draw an Account of the Particulars of the Goods or Eftate he fhall fo feize and take, and fet up the fame on the Sign Poft of the Town wherein he fhall feize the fame: And the Officer, with the Account of the faid Goods, fhall fet up a Declaration, that the faid Goods fo pofted, are to be fold at the Place where pofted, at public Vendue, at the End of twenty Days after naming the Day of the Month. 3. And in Cafe the Debtor fhall not within the faid twenty Days, pay the Debt, and all the Coft and Charges arifen thereon, To be fold af- the Officer fhall caufe a Drum to be beaten at the Sign-poft to. ter twenty give Notice to Customers to come; and fhall fell the faid Goods days, &c. (or as many of them as fhall be neceffary) there, at an Out-cry to the higheft Bidders; and of the Effects thereof fhall pay the Debt and Charges due to the Creditor, and fatisfy himself for his own Fees and Charges, and the Overplus (if any be) fhall return, to the Owner thereof. For want of perfonal eftate Copy of execution fufficient warrant for commitment, &c. 4. That in Cafe moveable or perfonal Eftate of the Debtor, fufficient to fatisfy the Debt and Charges, cannot be found, and the Creditor fhall not agree to accept or take the Debtor's Lands, the Officer fhall levy the Execution on the Debtor's Body, and him commit to the common Gaol in the County in which the Execution is levied, where the Debtor fhall remain until he fhall pay the Debt and Charges, with the Officer's and Prisonkeeper's Fees. 5. And every Officer who fhall commit any Perfon to Prison by Virtue of Diftrefs or Execution, fhall deliver a Copy of the Writ or Execution figned by fuch Officer to the Gaoler or Prifon-keeper; which Copy, fo figned and delivered, fhall be a fufficient Warrant or Order to the Gaoler to receive fuch Person or Perfons, and him or them to hold in fafe Cuftody, till delivered by Law. 6. And be it further enacted, That all Lands and Tenements belonging to any Perfon in his own proper Right in Fee, fhall stand charged with all the juft Debts owing by fuch Perfon as well as his perfonal Eftate, and fhall be liable to be taken in Execution |