Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

within fix months after the act of bankruptcy committed.

tain a com

bankrupt

cy.

Sec. 2. And be it further enacted, That the judge of the district court of the United States, Proceedfor the diftrict where the debtor refides, or ings to obusually refided at the time of committing the million of act of bankruptcy, upon petition, in writing, against fuch perfon or perfons being bankrupt, to him to be exhibited by any one creditor, or by a greater number, being partners, whose single debt fhall amount to one thousand dollars, or by two creditors, whose debts fhall amount to one thoufand five hundred dollars, or by more than two creditors, whofe debts fhall amount to two thousand dollars, fhall have power, by commiffion under his hand and seal, to appoint such good and subftantial persons, being citizens of the United States, and refident in such district, as fuch judge fhall deem proper, not exceeding three, to be commiffioners of the faid bankrupt, and in case of vacancy or refusal to act, to appoint others from time to time as occafion may require: Provided always, that before any commiffion fhall iffue, the creditor or creditors petitioning fhall make affidavit or folemn affirmation before the faid judge, of the truth of his, her, or their debts, and give bond, to be taken by the faid judge, in the name, and for the benefit of the faid party fo charged as a bankrupt, and in such penalty, and with fuch furety as he shall require, to be conditioned for the proving of his, her or their debts, as well before the commiffioners as upon a trial at law, in cafe the due iffuing forth of the faid commiffion fhall be contested, and also for proving the party a bankrupt, and to proceed on fuch commiffion, in the

Commif

fioners to take an

manner herein prefcribed. And if fuch debt shall not be really due, or after fuch commifsion taken out it cannot be proved that the party was a bankrupt, then the said judge Thall, upon the petition of the party aggrieved, in case there be occafion, deliver fuch bond to the said party, who may sue thereon, and recover fuch damages, under the penalty of the fame, as, upon trial at law, he fhall make appear he has fuftained, by reason of any breach of the condition thereof.

Sec. 3. And be it further enacted, That before the commiffioners fhall be capable of acting, they fhall respectively take and subscribe the oath, and following oath or affirmation, which shall be administered by the judge iffuing the commiffion, or by any of the judges of the fupreme court of the United States, or any bankrupt. judge, juftice, or chancellor of any ftate

the mode of declaring the

party a

court, and filed in the office of the clerk of the diftrict court: "I, A. B. do fwear, or affirm, that I will faithfully, impartially, and honeftly, according to the best of my skill and knowledge, execute the several powers and trufts repofed in me, as a commiffioner in a commiffion of bankruptcy against

and that without favor or affection, prejudice or malice." And the commiffioners, who fhall be fworn as aforefaid, fhall proceed, as foon as may be, to execute the fame ; and upon due examination, and fufficient caufe appearing against the party charged, fhall and may declare him or her to be a bankrupt: Provided, That before fuch examination be had, reasonable notice thereof, in writing, fhall be delivered to the perfon charged as a bankrupt; or if he, or fhe be not found at his or her usual place of abode, to some

[ocr errors]

perfon of the family above the age of twelve years, or if no fuch perfon appear, fhall be fixed at the front or other public door of the house, in which he or she ufually refides, and thereupon it shall be in the power of such perfon, fo charged as aforefaid, to demand before, or at the time appointed for fuch examination, that a jury be empannelled to enquire into the fact or facts, alledged as the causes for iffuing the commiffion, and on such demand being made, the enquiry fhall be had before the judge granting the commiffion, at fuch time as he may direct, and in that cafe, such person shall not be declared bankrupt, unless, by the verdict of the jury, he or she fhall be found to be within the defcription of this act, and fhall be convicted of fome one of the acts described in the firft fection of this act: Provided alfo, that any commiffion which fhall be taken out as aforefaid, and which fhall not be proceeded in as aforefaid, within thirty days thereafter, may be fuperceded by the faid judge, who fhall have granted the fame, upon the application of the party thereby charged as a bankrupt, or of any creditor of fuch perfon, unless the delay fhall have been unavoidable, or upon a juft occafion.

Commif

arrested.

Sec. 4. And be it further enacted, That the commiffioners fo to be appointed, fhall have fioners power forthwith, after they have declared may caufe such person a bankrupt, to caufe to be ap- the bankprehended, by warrant under their hands and rupt to be feals, the body of such bankrupt, wherefover to be found, within the United States: Provided, they fhall think, that there is reason to apprehend that the faid bankrupt intends to abfcond or conceal him or herself, and in cafe it be neceffary, in order to take the body of VOL. V. G

take into

bank

books and

papers.

the said bankrupt, fhall have power to caufe the doors of the dwelling-houfe of fuch bankrupt to be broken, or the doors of any other house in which he or she shall be found.

Sec. 5. And be it further enacted, That it They hall fhall be the duty of the commiffioners fo to be appointed, forthwith, after they have detheir poffeffion the clared such person a bankrupt, and they shall have power to take into their poffeffion, all rupt's pro- the estate, real and perfonal, of every nature perty, and defcription to which the faid bankrupt may be entitled, either in law or equity, in any manner whatsoever, and caufe the fame to be inventoried and appraised to the best value, (his or her neceffary wearing apparel, and the neceffary wearing apparel of the wife and children, and neceffary beds and bedding of fuch bankrupt only excepted) and alfo to take into their poffeffion, and fecure, all deeds and books of account, papers and writings belonging to fuch bankrupt; and fhall cause the fame to be fafely kept, until affignees fhall be chofen or appointed, in manner hereafter provided.

ruptcy,

Sec. 6. And be it further enacted, That the faid commiffioners fhall forthwith, after they Notice of have declared such person a bankrupt, cause the bank- due and fufficient public notice thereof to be appoint- given, and in such notice shall appoint fome ment of convenient time and place for the creditors affignees, to meet, in order to choose an affignee or proof of affignees of the said bankrupt's estate and efdebts, and affign- fects;-at which meeting the faid commifment of fioners fhall admit the creditors of fuch bankthe bankrupt to prove their debts;-and where any rupt's ef- creditor fhall refide at a distance from the

tate.

place of fuch meeting, hall allow the debt of fuch creditor to be proved by oath or af

firmation, made before fome competent authority, and duly certified, and fhall permit any perfon duly authorized by letter of attorney from fuch creditor, due proof of the execution of fuch letter of attorney being first made, to vote in the choice of an affignee or affignees of such bankrupt's eftate and effects, in the place and ftead of fuch creditor: And the faid commiffioners fhall affign, transfer or deliver over, all and fingular the faid bankrupt's eftate and effects, aforefaid, with all muniments and evidences thereof, to fuch perfon or perfons as the major part, in value, of fuch creditors, according to the feveral debts then proved, fhall choose as aforefaid: Provided always, that in fuch choice, no vote fhall be given by, or in behalf of any creditor whose debt shall not amount to two hundred dollars.

Sec. 7. Provided always, and be it further enacted, That it fhall be lawful for the faid commissioners, as often as they fhall fee cause, for the better preserving and fecuring the bankrupt's estate, before affignees fhall be chofen as aforefaid, immediately to appoint one or more affignee or affignees of the eftate and effects aforefaid, or any part thereof; which affignee or affignees aforefaid, or any of them, may be removed at the meeting of the creditors, fo to be appointed as aforesaid, for the choice of affignees, if fuch creditors, entitled to vote as aforefaid, or the major part, in value, of them, shall think fit; and fuch affignee or affignees as shall be fo removed, fhall deliver up all the estate and effects of fuch bankrupt, which fhall have come to his or their hands or poffeffion, unto fuch other affignee or affignees as fhall be chofen by the creditors

« ΠροηγούμενηΣυνέχεια »