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or her books and writings, in the prefence of fome perfon to be appointed by the commiffioners, and to bring with him or her, for his or her affiftance, fuch perfons as he or fhe fhall think fit, not exceeding two at one time, and to make extracts and copies, to enable him or her to make a full difcovery of his or her effects; and the faid bankrupt fhall be free from arrefts, in coming to furrender, and free from after having furrendered to the faid commifarreft iu fioners, for the faid forty-two days, or such coming farther time as fhall be allowed for the finishto furrening his or her examination; and in cafe fuch bankrupt fhall be arrested for debt, or taken on any escape warrant or execution, coming to furrender, or after his surrender within the time before-mentioned, then on producing fuch fummons or notice under the hand of the commiffioners, and giving the officer a copy thereof, he or fhe fhall be difcharged; and in cafe any officer fhall afterwards detain fuch bankrupt, fuch officer fhall forfeit to fuch bankrupt, for his or her own use, ten dollars for every day he fhall detain the bankrupt.

der, &c.

On con

Sec. 23. And be it further enacted, That every Penalty perfon who fhall knowingly or wilfully recealing a ceive or keep concealed any bankrupt, fo as bankrupt. aforefaid fummoned to appear, or who fhall

Bank

affist such bankrupt in concealing him or her-
felf, or in abfconding, fhall fuffer fuch impri-
fonment, not exceeding twelve months, or
pay fuch fine to the United States, not ex-
ceeding one thoufand dollars, as upon con-
viction thereof fhall be adjudged.

Sec. 24. And be it further enacted, That the
rupt's wife faid commiffioners fhall have power to exa-
may be
examined, mine, upon oath or affirmation, the wife of

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any perfon lawfully declared a bankrupt, for the discovery of such part of his estate as may be concealed or difpofed of by fuch wife, or by any other perfon; and the faid wife fhall incur such penalties for not appearing before the faid commiffioners, or refufing to be fworn or affirmed, or examined, and to subscribe her examination, or for not difclofing the truth, as by this act is provided against any other perfon in like cafes.

Sec. 25. And be it further enacted, That in Caufe of cafe any person fhall be committed by the commitcommiffioners for refufing to anfwer, or for ment to not fully answering any queftion, or for any fed in the be exprefother caufe, the commiffioners fhall, in their commifwarrant, specify fuch question or other caufe fioner's of commitment.

warrant.

eftate.

Sec. 26. And be it further enacted, That if Bounty after the bankrupt fhall have finished his or for difcoher final examination, any other perfon or vering perfons fhall voluntarily make difcovery of bankany part of fuch bankrupt's eftate, before un- rupt's known to the commiffioners, fuch perfon or persons shall be entitled to five per cent. out of the effects fo difcovered, and fuch further reward as the commiffioners fhall think proper; and any trustee having notice of the Penalty bankruptcy, wilfully concealing the eftate of on trufany bankrupt, for the space of ten days after cealing the bankrupt fhall have finished his final ex- his proamination, as aforefaid, fhall forfeit double perty. the value of the estate so concealed, for the benefit of the creditors.

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Sec. 27. And be it further enacted, That if Goods of any person fhall become bankrupt, and at which the fuch time, by confent of the owner, have in bankrupt his or her peffeffion and difpofition, any puted goods whereof he or she fhall be reputed own-owner,

is the re

may be

er, and take upon him or herself, the fale, affigned. alteration, or difpofition thereof, as owner, the commiffioners fhall have power to affign the fame, for the benefit of the creditors, as fully as any other part of the eftate of the bankrupt.

on the

commit

fion, re

fatisfac

rupt:

Sec. 28. And be it further enacted, That if Penalty any bankrupt, after the iffuing any commiffion against him or her, pay to the perfon perfon fu- who fued out the fame, or give or deliver to ing out a fuch perfon, goods or any other fatisfaction or fecurity for his or her debt, whereby fuch ceiving perfon fhall privately have and receive a greaan undue ter proportion of his or her debt than the tion from other creditors, fuch preference shall be a new the bank- act of bankruptcy, and on good proof thereof, fuch commiffion fhall and may be fuperProceed- ceded, and it fhall and may be lawful for ings either of the judges, having authority to grant thereon. the commiffion as aforefaid, to award any creditor petitioning another commiffion, and fuch perfon, fo taking fuch undue fatisfaction as aforefaid, shall forfeit and loose, as well his or her whole debts, as the whole he or she shall have taken and received, and shall pay back, or deliver up the fame, or the full value thereof, to the affignee or affignees who fhall be appointed or chofen under fuch commiffion, in manner aforefaid, in truft for, and to be divided among the other creditors of the faid bankrupt, in proportion to their respective debts.

Notice of

a dividend.

Sec. 29. And be it further enacted, That every person who fhall be chofen affignee of the estate and effects of a bankrupt, fhall, at fome time after the expiration of four months, and within twelve months from the time of iffuing the commiffion, caufe at least thirty days

the first

dividend.

public notice to be given, of the time and place the commiffioners and affignees intend to meet, to make a dividend or diftribution of the bankrupt's eftate and effects; at which time the creditors who have not before proved their debts, fhal be at liberty to prove the fame; and upon every fuch meeting, the af fignee or affignees fhall produce to the com- Mode of miffioners and creditors then prefent, fair and making juft accounts of all his or their receipts and payments, touching the bankrupt's eftate and effects, and of what fhall remain out standing, and the particulars thereof, and fhall, if the creditors then prefent, or a major part of them, require the fame, be examined upon oath or folemn affirmation, before the fame commiffioners, touching the truth of such accounts; and in fuch accounts, the faid affignee or affignees fhall be allowed and retain all fuch fum and fums of money, as they fhall have paid or expended in fuing out and profecuting the commiffion, and all other juft allowances on account of, or by reafon or means of their being affignee or affignees; and the faid commiffioners fhall order fuch part of the nett produce of the said bankrupt's ef tate, as by fuch accounts or otherwife fhall appear to be in the hands of the faid affignees, as they shall think fit, to be forthwith divided among fuch of the bankrupt's creditors as have duly proved their debts under fuch commiffion, in proportion to their feveral and refpective debts; and the commiffioners fhall make fuch their order for a dividend in writing, under their hands, and fhall cause one part of fuch order to be filed amongst the proceedings under the faid commiffion, and fhall deliver unto each of the affignees under fuch commiffion, a duplicate VOL. V. I

Second

of fuch their order, which order of diftribution fhall contain an account of the time and place of making fuch order, and the fum total or quantum of all the debts proved under the commiffion, and the fum total of the money remaining in the hands of the affignee or affignees to be divided, and how many per cent. in particular is there ordered to be paid to every creditor of his debt; and the faid affignee or affignees in pursuance of fuch order, and without any deed or deeds of diftribution, to be niade for the purpose, fhall forthwith make fuch dividend and distribution accordingly, and fhall take receipts, in a book to be kept for the purpose, from each creditor, for the part or fhare of such dividend or distribution, which he or they fhall make, and pay to each creditor respectively; and fuch order and receipt fhall be a full and effectual discharge to fuch affignee for fo much as he fhall fairly pay, pursuant to fuch order as aforefaid.

Sec. 30. And be it further enacted, That within eighteen months, next after the iffuing of and fub- the commiffion, the affignee or affignees hall fequent make a fecond dividend of the bankrupt's dividends. eftate and effects, in cafe the fame were not.

wholly divided upon the firft dividend, and fhall caufe due public notice to be given of the time and place the faid commiffioners intend to meet, to make a fecond diftribution of the bankrupt's eftate and effects, and for the creditors who fhall not before have proved their debts, to come in and prove the fame; and at fuch meeting, the faid affignees fhall produce, on oath or folemn affirmation as aforefaid, their accounts of the bankrupt's estate and effects, and what, upon the balance thereof, fhall appear to be in their hands,

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