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within six months after the act of bankruptcy committed.
Sec. 2. And be it further enacted, That the judge of the district court of the United States, Proceedfor the district where the debtor resides, or in
V tain a comusually resided at the time of committing the million of act of bankruptcy, upon petition, in writing, bankruptagainst such person or persons being bank
icy. rupt, to him to be exhibited by any one creditor, or by a greater number, being partners, whose single debt shall amount to one thousand dollars, or by two creditors, whose debts shall amount to one thousand five hundred dollars, or by more than two creditors, whose debts shall amount to two thousand dollars, shall have power, by commission under his hand and seal, to appoint such good and substantial persons, being citizens of the United States, and resident in such district, as such judge shall deem proper, not exceeding three, to be commissioners of the said bankrupt, and in case of vacancy or refusal to act, to appoint others from time to time as occasion may require: Provided always, that before any commission shall issue, the creditor or creditors petitioning shall make affidavit or solemn affirmation before the said judge, of the truth of his, her, or their debts, and give bond, to be taken by the said judge, in the name, and for the benefit of the said party so charged as a bankrupt, and in such penalty, and with such surety as he shall require, to be conditioned for the proving of his, her or their debts, as well before the commissioners as upon a trial at law, in case the due issuing forth of the said commission shall be contested, and also for proving the party a bankrupt, and to proceed on such commission, in the
manner herein prescribed. And if such debt shall not be really due, or after such commiffion taken out it cannot be proved that the party was a bankrupt, then the said judge fhall, upon the petition of the party aggrieved, in case there be occasion, deliver such bond to the said party, who may sue thereon, and recover such damages, under the penalty of the same, as, upon trial at law, he shall make appear he has sustained, by reason of any breach of the condition thereof.
Sec. 3. And be it further enacted, That before Commif- the commissioners shall be capable of acting, lioners to they shall respectively take and subscribe the take an oath, and following oath or affirmation, which shall be the mode administered by the judge issuing the comof declaring the
mission, or by any of the judges of the suparty a preme court of the United States, or any bankrupt.
judge, justice, or chancellor of any state court, and filed in the office of the clerk of the district court: “ I, A. B. do swear, or affirm, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me, as a commissioner in a commission of bankruptcy against
and that without favor or affection, prejudice or malice.” And the commissioners, who shall be sworn as aforesaid, shall proceed, as soon as may be, to execute the same; and upon due examination, and sufficient cause appearing against the party charged, shall and may declare him or her to be a bankrupt: Provided, That before such examination be had, reasonable notice thereof, in writing, shall be delivered to the perfon charged as a bankrupt; or if he, or she be not found at his or her usual place of abode, to some
person of the family above the age of twelve years, or if no such person appear, shall be fixed at the front or other public door of the house, in which he or she usually resides, and thereupon it shall be in the power of such person, so charged as aforesaid, to demand before, or at the time appointed for such examination, that a jury be empannelled to enquire into the fact or facts, alledged as the causes for issuing the commission, and on such demand being made, the enquiry shall be had before the judge granting the commission, at such time as he may direct, and in that case, such person shall not be declared bankrupt, unless, by the verdict of the jury, he or she -shall be found to be within the description of this act, and shall be convicted of some one of the acts described in the first section of this act: Provided also, that any commission which shall be taken out as aforesaid, and which shall not be proceeded in as aforesaid, within thirty days thereafter, may be superceded by the said judge, who shall have granted the same, upon the application of the party thereby charged as a bankrupt, or of any creditor of such person, unless the delay shall have been unavoidable, or upon a just occasion.
Sec. 4. And be it further enacted, That the commissioners so to be appointed, shall have tioners power forthwith, after they have declared may cause such person a bankrupt, to cause to be ap- the bankprehended, by warrant under their hands and rupt to be
* arrested. seals, the body of such bankrupt, wheresover to be found, within the United States: Provided, they shall think, that there is reason to apprehend that the said bankrupt intends to abfcond or conceal him or herself, and in case it be necessary, in order to take the body of
the said bankrupt, shall have power to cause the doors of the dwelling-house of such 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 shall shall be the duty of the commissioners so to
be appointed, forthwith, after they have detheir poffellion the clared such person a bankrupt, and they shall bank- have power to take into their poffeffion, all rupt's pro- the estate, real and personal, of every nature
and description to which the said bankrupt papers.
may be entitled, either in law or equity, in any manner whatsoever, and cause the same to be inventoried and appraised to the best value, (his or her neceffary wearing apparel, and the necessary wearing apparel of the wife and children, and necessary beds and bedding of such bankrupt only excepted) and also to take into their poffeffion, and secure, all deeds and books of account, papers and writings belonging to such bankrupt; and shall cause the same to be safely kept, until assignees shall be chosen or appointed, in manner hereafter provided.
Sec. 6. And be it further enacted, That the
said commissioners shall forthwith, after they Notice of have declared such person a bankrupt, cause the bank- due and sufficient public notice thereof to be ruptcy,
t given, and in such notice shall appoint some ment of convenient time and place for the creditors aflignees, to nieet, in order to choose an assignee or proof of , affignees of the said bankrupt's estate and efdebts, and
"fects ;-at which meeting the said commifalign: ment of fioners shall admit the creditors of such bank. the bank- rupt to prove their debts ;--and where any rupt’s el creditor "shall reside at a distance from the late.
place of such meeting, hall allow the debt of such creditor to be proved by oath or af.
firmation, made before some competent authority, and duly certified, and shall permit any person duly authorized by letter of attorney from such creditor, due proof of the execution of such letter of attorney being first made, to vote in the choice of an aslignee or assignees of such bankrupt's estate and effects, in the place and stead of such creditor: And the said commissioners shall assign, transfer or deliver over, all and singular the said bankrupt's estate and effects, aforesaid, with all muniments and evidences thereof, to such person or persons as the major part, in value, of such creditors, according to the several debts then proved, shall choose as aforesaid : Provided always, that in such choice, no vote shall 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 shall be lawful for the said commissioners, as often as they shall fee cause, for the better preserving and securing the bankrupt's estate, before assignees shall be chosen as aforesaid, immediately to appoint one or more assignee or assignees of the estate and effects aforesaid, or any part thereof; which assignee or assignees aforesaid, or any of them, may be removed at the meeting of the creditors, so to be appointed as aforesaid, for the choice of assignees, if such creditors, entitled to vote as aforesaid, or the major part, in value, of them, shall think fit; and such assignee or assignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come to his or their hands or poffefsion, unto such other affignee or assignees as shall be chosen by the creditors