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Mode of

attend

ance of

Sec. 15. And be it further enacted, That if any of the aforefaid perfons fhall, after legal compelsummons to appear before the commiffioners ling the or judge, to be examined, refufe to attend, or fhall not attend at the time appointed, having witneffes: no fuch impediment as fhall be allowed of by the commiffioners or judge, it shall be lawful for the faid commiffioners or judge, to direct their warrants to fuch perfon or perfons as by them shall be thought proper, to apprehend such persons as fhall refuse to appear, and to bring them before the commiffioners or judge, to be examined, and upon their refufal to come, to commit them to prifon, until they fhall fubmit themfelves to be examined, according to the directions of this act: Provided, That fuch witneffes as fhall be so sent for, fhall be allowed fuch compenfation as the fation. commiffioners, or judge fhall think`fit, to be rateably borne by the creditors; and if any perfon, other than the bankrupt, either by Punishfubornation of others, or by his or her own ment of act, fhall wilfully or corruptly commit per- perjury jury on fuch examination, to be taken before and fuborthe commiffioners as aforefaid, the party fo offending, and all perfons who fhall procure any person to commit fuch perjury, fhall, on conviction thereof, be fined, not exceeding four thousand dollars, and imprisoned, not exceeding two years, and moreover fhall, in either cafe, be rendered incapable of being a witness in any court of record.

Their

compen

nation

thereof.

Penalty

on mak

Sec. 16. And be it further enacted, That if any perfon or perfons fhall fraudulently, or collufively claim any debts, or claim or de- inga frautain any real or perfonal eftate of the bank- dulent rupt, every fuch perfon fhall forfeit double claim. the value thereof, to and for the use of the creditors.

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Commiftioners

nay af fign pro

Sec. 17. And be it further enacted, That if any perfon, prior to his or her becoming a bankrupt, fhall convey to any of his or her children, or other perfons, any lands or goods, perty or transfer his or [her] debts or demands into fraudulently other perfon's names, with intent to defraud conveyed his or her creditors, the commiffioners fhall have power to affign the fame, in as effectual a manner as if the bankrupt had been actually feifed or poffeffed thereof.

away.

rupt to

Sec. 18. And be it further enacted, That if Duty of any person or perfons who fhall become bankthe bank- rupt within the intent and meaning of this furrender act, and against whom a commiffion of bankhimfelf ruptcy fhall be duly iffued, upon which comand beex- miffion fuch perfon or perfons, fhall be deamined, clared bankrupt, fhall not within forty-two

&c.

days after notice thereof, in writing, to be left at the ufual place of abode of fuch perfon or perfons, or perfonal notice in cafe fuch person or persons be then in prison, and notice given in fome gazette, that fuch commiffion hath been iffued, and of the time and place of meeting of the commiffioners, furrender him or herself to the faid commissioners, and fign or fubfcribe fuch furrender, and submit to be examined, from time to time, upon oath or folemn affirmation, by and before fuch commiffioners, and in all things conform to the provifions of this act, and alfo upon fuch his or her examination, fully and truly disclose and discover all his or her effects and estate, real and perfonal, and how and in what manner, to whom and upon what confideration, and at what time or times he or the hath difpofed of, affigned or transferred, any of his or her goods, wares, or merchandize, monies, or other effects and eftate,

and of all books, papers and writings relating thereunto, of which he or he was poffeffed, or in or to which he or she was any ways interested or entitled, or which any perfon or perfons fhall then have, or shall have had in trust for him or her, or for his or her ufe, at any time before or after the iffuing of the faid commiffion, or whereby fuch bankrupt, or his or her family then hath, or may have or expect any profit, poffibility of profit, benefit or advantage whatfoever, except only such part of his or her estate and effects as shall have been really and bona fide before fold and difpofed of, in the way of his or her trade and dealings, and except fuch fums of money as fhall have been laid out in the ordinary expenses of his or her family, and also upon fuch examination, execute in due form of law, fuch conveyance, affurance, and affignment of his or her eftate, whatsoever and wherefoever, as fhall be devised and directed by the commiffioners, to veft the fame in the affignees, their heirs, executors, administrators, and affigns forever, in truft for the use of all and every the creditors of fuch bankrupt, who fhall come in and prove their debts under the commiffion; and deliver up unto the commiffioners, all fuch part of his or her the said bankrupt's goods, wares, merchandizes, money, effects and eftate, and all books, papers, and writings relating thereunto, as at the time of fuch examination fhall be in his or her poffeffion, cuftody or power, 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, then he or fhe the faid bankrupt, upon the conviction of any wilful default, or omiffion in any of the matters or

things aforefaid, fhall be adjudged a fraudulent bankrupt, and fhall fuffer imprisonment for a term not lefs than twelve months, nor exceeding ten years, and fhall not, at any time after, be entitled to the benefits of this act: Mcde of Provided always, that in cafe any bankrupt examina- fhall be in prifon or cuftody at the time of tion when iffuing fuch commiffion, and is willing to furrupt is in render and fubmit to be examined, according prifon. to the directions of this act, and can be brought

the bank

Days of

meeting

to be ap

mited for

before the faid commiffioners and creditors for that pupofe, the expenfe thereof fhall be paid out of the faid bankrupt's effects, and in cafe fuch bankrupt is in execution, or cannot be brought before the commiffioners, that then the faid commiffioners, or fome one of them fhall, from time to time, attend the faid bankrupt in prison or cuftody, and take his or her discovery as in other cafes, and the affignees, or one of them, or fome perfon appointed by them, fhall attend fuch bankrupt in prison or cuftody, and produce his or her books, papers and writings, in order to enable him or her to prepare his or her difcovery; a copy whereof the faid affignees fhall apply for, and the faid bankrupt fhall deliver to them or their order, within a reasonable time after the fame fhall have been required.

Sec. 19. And be it further enacted, That the faid commiffioners fhall appoint, within the pointed faid forty-two days, fo limited as aforefaid, within the for the bankrupt to furrender and conform as terin li aforefaid, not lefs than three feveral meetings the fur- for the purposes aforefaid, the third of which render, meetings fhall be on the laft of the faid fortytwo days: Provided always, That the judge of The term the diftri&t within which fuch commiffion ifmay be fues, fhall have power to enlarge the time fo enlarged.

&c.

5

limited as aforefaid, for the purposes afore-
faid, as he shall think fit, not exceeding fifty
days, to be computed from the end of the
faid forty-two days, fo as fuch order for en-
larging the time be made at least fix days
before the expiration of faid term.

broken

Sec. 20. And be it further enacted, That it Houfes, fhall be lawful for the commiffioners, or any doors, &c. other perfon or officers, by them to be ap- of the pointed, by their warrant, under their hands bankrupt and feals, to break open in the day time the may be houses, chambers, fhops, ware-houses, doors, open. trunks, or chefts, of the bankrupt, where any of his or her goods or eftate, deeds, books of account or writings, fhall be, and to take poffeffion of the goods, money, and other eftate, deeds, books of account or writings of fuch bankrupt.

ted for re

Sec. 21. And be it further enacted, That if the
bankrupt fhall refufe to be examined, or to Bankrupt
anfwer fully, or to fubfcribe his or her exa- may be
mination as aforefaid, it fhall be lawful for commit-
the commiffioners to commit the offender to fufal tobe
clofe imprisonment, until he or she fhall con- examin-
form him or herself; and if the said bankrupt ed, &c.
fhall fubmit to be examined, and upon his or
her examination, it fhall appear that he or Punish-
fhe hath committed wilful or corrupt perjury, ment of
he or the may be indicted therefor, and being his perju-
thereof convicted, fhall fuffer imprisonment

for a term not lefs than two years, nor ex-
ceeding ten years.

ry.

Sec. 22. And be it further enacted, That every bankrupt, having furrendered, fhall, at all fea- To have fonable times before the expiration of the faid accefs to forty-two days, as aforefaid, or of fuch fur- his books ther time as fhall be allowed to finifh his or her examination, be at liberty to infpect his

and wri

tings.

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