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shall by like order of the commissioners, be forthwith divided amongst such of the bankrupt's creditors as shall have made due proof of their debts, in proportion to their several and respective debts; which second dividend shall be final, unless any fuit at law, or equity, be depending, or any part of the estate standa ing out, that could not have been disposed of, or that the major part of the creditors shall not have agreed to be sold or disposed of, or unless some other or future estate or effects of the bankrupt shall afterwards come to, or rest in the said assignees, in which cases the said assignees shall, as soon as may be, convert such future or other estate and effects into money, and ihall, within two months after the same be converted into money, by like order of the commissioners, divide the same among such bankrupt's creditors as shall have made due proof of their debt under such commission.
Sec. 31. And be it further enacted, That in the distribution of the bankrupt's effects, there
Bankshall be paid to every of the creditors a por. Dit tion-rate, according to the amount of their tate to be respective debts, so that every creditor having proportisecurity for his debt by judgment, statute, onally di
vided recognizance, or speciality, or having an at
! without tachment under any of the laws of the indi- regard to vidual states, or of the United States, on the creditor's estate of such bankrupt, (Provided there be security. no execution executed upon any of the real or personal estate of such bankrupt, before the time he or she became bankrupts) shall not be relieved upon any such judgment, statute, recognizance, speciality, or attachment, for more than a rateable part of his debt, with the other creditors of the bankrupt.
hihink this be it in
Sec. 32. And be it further crafted, That the Alignees aflignees shall keep one or more distinct book, thall keep or books of account, wherein he or they shall books of
* duly enter all sums of money or effects, which open to he or they shall have received, or got into his the credi- or their poffeffion, of the said bankrupt's eftors'. in- tate, to which books of account, every cre.
ditor who shall have proved his or her debt, fhall, at all reasonable times, have free resort, and infpect the fame as often as he or she fhall think fit.
Sec. 33. And be it further enacted, That every Bankrupt bankrupt, not being in prison or custody, bound to fhall, at all times after his surrender, be bound attend the to attend the assignees, upon every reasonable
is notice, in writing, for that purpose, given or when re- Oce,
left at the usual place of his or her abode, in order to aflist in making out the accounts of the said bankrupt's estate and effects, and to attend any court of record, to be examined touching the same, or such other business, as the said assignees shall judge necessary, for which he shall receive three dollars per day.
Sec. 34. And be it further enacted, That all and every person and persons who shall be
come bankrupt as aforesaid, and who shall, ance to within the time limited by this act, surrender the bank- him or herself to the commissioners, and in all rupt out thir
things conform as in and by this act is direcof his ef
ted, shall be allowed five per cent. upon the tate.
nett produce of all the estate that shall be recovered in and received, which shall be paid unto him or her by the assignee or aflignees, in case the nett produce of such estate, after such allowance made, shall be sufficient to pay the creditors of said bankrupt, who shall have proved their debts under such commiffion, the amount of fifty per cent. on their
faid debts, respectively, and so as the said five per cent. shall not exceed in the whole, the sum of five hundred dollars; and in case the nett produce of the said estate shall, over and above the allowance hereafter mentioned, be sufficient to pay the said creditors seventy-five per cent. on the amount of their faid debts, respectively, that then the said bankrupt shall be allowed ten per cent, on the amount of such nett produce, to be paid as aforesaid, so as such ten per cent. shall not, in the whole, exceed the sum of eight hundred dollars; and every such bankrupt shall be discharged from He shall all debts by him or her due or owing, at the be diftime he or she became bankrupt, and all charged which were or might have been proved under from the said commission; and in case any such bankrupt shall afterwards be arrested, prose- might be cuted or impleaded, for or on account of any proved of the said debts, such bankrupt may appear under the
*** commifs without bail, and may plead the general issue, and give this act, and the special matter in evidence: And the certificate of such bankrupt's conforming, and the allowance thereof, according to the directions of this act, shall be, and shall be allowed to be sufficient evi. dence, prima facie, of the party's being a bankrupt within the meaning of this act, and of the commission and other proceedings precedent to the obtaining such certificate, and a verdict shall thereupon pass for the defendant, unless the plaintiff in such action can prove the said certificate was obtained unfairly, and by fraud, or unless he can make appear any concealment of estate or effects, by such bankrupt to the value of one hundred dollars: Provided, That no such discharge of a bankrupt, shall release or discharge any per
case, the band deducted, that
son who was a partner with such bankrupt, at the time he or she became bankrupt, or who was then jointly held or bound with such bankrupt for the fame debt or debts from which such bankrupt was discharged as afore.
said. If the Sec. 35. Provided always, and be it further bank- enacied, That if the nett proceeds of the bank. rupt’s ef- rupt's estate, so to be discovered, recovered tate does and received, shall not amount to so much as not pay
is will pay all and every of the creditors of the debts, said bankrupt, who shall have proved their what al. debts under the said commission, the amount
vance of fifty per cent. on their debts respectively, he Thall have.
after all charges first deducted, that then, and in such case, the bankrupt shall not be allowed five per centum on such estate as shall be recovered in, but shall have and be paid by the assignees so much money as the commilsioners Thall think fit to allow, not more than three hundred dollars, nor exceeding three per centum on the nett proceeds of the said bankrupt's estate.
Sec. 36. Provided also, and be it further en
acted, That no person becoming a bankrupt A certifin
- according to the intent and provisions of this cate of discharge act, shall be entitled to a certificate of difmay ne- charge, or to any of the benefits of the act, ceflary, unless the commisioners shall certify under and how their hands, to the judge of the district withit is to
in in which such commission issues, that such ed. bankrupt hath made a full discovery of his or
her estate and effects, and in all things conformed him or herself to the directions of this act, and that there doth not appear to them any reason to doubt of the truth of such discovery, or that the same was not a full discovery of the said bankrupt's estate and ef.
fects; or unless the said judge should be of opinion that the said certificate was unreasonably denied by the commissioners; and unless two-thirds, in number and in value, of the creditors of the bankrupt, who shall be creditors for not less than fifty dollars respectively, and who shall have duly proved their debts under the said commislion, shall sign such certificate to the judge, and testify their consent to the allowance of a certificate of difcharge, in pursuance of this act; which signing and consent shall be also certified by the commissioners; but the faid commissioners shall not certify the same till they have proof by affidavit or information, in writing, of such creditors, or of the persons respectively authorized for that purpose, figning the said certificate ; which affidavit or affirmation, together with the letter or power of attorney to sign, shall be laid before the judge of the district within which such commiflion issues, in order for the allowing the certificate of difcharge, and the said certificate shall not be allowed unless the bankrupt make oath or affirmation in writing, that the certificate of the commissioners, and consent of the creditors thereunto, were obtained fairly and without fraud; and any of the creditors of the said bankrupt are allowed to be heard, if they shall think fit, before the respective persons aforesaid, against the making or allowing of such certificates by the commissioners or judge.
Sec. 37. And be it further enacted, That if any creditor, or pretended creditor or any For what bankrupt, shall exhibit to the commissioners misconany fictitious or false debt, or demand, with duct of intent to defraud the real creditors of such bankrupt, and the bankrupt thall refuse to thalllos
der for the which such co judge of th