within fix 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 refides, or ings to obusually refided at the time of committing the miflion of act of bankruptcy, upon petition, in writing, bankruptagainst such person or persons being bank-cy. 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 feal, to appoint such good and fubstantial persons, being citizens of the United States, and refident in such district, as such judge shall 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 commission shall issue, the creditor or creditors petitioning shall 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 said judge, in the name, and for the benefit of the said party so 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 commissioners as upon a trial at law, in cafe the due issuing forth of the faid commission shall be contested, and also for proving the party a bankrupt, and to proceed on such commiffion, in the

manner herein prescribed. And if such debt shall not be really due, or after fuch commiffion taken out it cannot be proved that the party was a bankrupt, then the said judge shall, upon the petition of the party aggrieved, in cafe there be occafion, deliver fuch bond to the faid party, who may fue thereon, and recover fuch damages, under the penalty of the fame, 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 commiffioners shall be capable of acting, they shall respectively take and subscribe the following oath or affirmation, which shall be administered by the judge ifsuing the commiffion, or by any of the judges of the fupreme court of the United States, or any bankrupt. judge, justice, or chancellor of any ftate 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 trufts reposed in me, as a commiffioner in a commission of bankruptcy against

person of the family above the age of twelve years, or if no fuch perfon appear, shall be fixed at the front or other public door of the house, in which he or she usually refides, 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 fuch demand being made, the enquiry shall be had before the judge granting the commiffion, at fuch time as he may direct, and in that cafe, fuch 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 fome 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 faid judge, who shall have granted the fame, upon the application of the party thereby charged as a bankrupt, or of any creditor of such perfon, unless the delay shall have been unavoidable, or upon a just occafion.

Commif

arrested.

Sec. 4. And be it further enacted, That the commissioners so to be appointed, shall have fioners power forthwith, after they have declared maycause such person a bankrupt, to cause to be ap- the bankprehended, by warrant under their hands and rupt to be feals, the body of fuch 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 neceffary, in order to take the body of VOL. V.

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their pof

the said bankrupt, shall have power to cause the doors of the dwelling-house 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 shall shall be the duty of the commissioners so to take into be appointed, forthwith, after they have defeffion the clared such person a bankrupt, and they shall bank- have power to take into their possession, all rupt'spro- the estate, real and personal, of every nature perty, and description to which the said bankrupt

books and

papers.

ruptcy,

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 fuch bankrupt only excepted) and alfo to take into their poffeffion, and fecure, all deeds and books of account, papers and writings belonging to such bankrupt; and shall cause the fame to be safely kept, until affignees shall be chofen or appointed, in manner hereafter provided.

Sec. 6. And be it further enacted, That the said commiffioners shall 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 fuch notice shall appoint some ment of convenient time and place for the creditors affignees, to meet, in order to choose an assignee or proof and affignees of the faid bankrupt's estate and efaffign- fects;-at which meeting the faid commifment of fioners shall admit the creditors of fuch bank

of

firmation, made before some competent authority, and duly certified, and shall permit any person 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 estate and effects, in the place and stead of fuch creditor: And the faid commiffioners shall affign, transfer or deliver over, all and fingular the faid 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 fuch 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 faid commiffioners, as often as they shall fee cause, for the better preferving and fecuring the bankrupt's estate, before affignees shall be chofen as aforesaid, immediately to appoint one or more affignee or affignees 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 affignees, if fuch creditors, entitled to vote as aforesaid, or the major part, in value, of them, shall think fit; and such affignee or affignees as shall be so removed, shall deliver up all the estate and effects of fuch bankrupt, which shall have come to his or their hands or poffeffion, unto such other affignee or assignees as shall be chofen by the creditors