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ht make discovery thereof, and suffer the fair to a certi- creditors to be imposed upon, he shall lose all ficate,&c. title to the allowance upon the amount of his

effects, and to a certificate of discharge as aforesaid, nor shall he be entitled to the said allowance or certificate, if he has lost, ar any one time fifty dollars, or in the whole three hundred dollars, after the passing of this act, and within twelve months before he became a bankrupt, by any manner of gaming or wagering whatever.

Sec. 38. And be it further enacted, That if Bankrupt, any bankrupt, who thall have obtained his if arreitcertificate, shall be taken in execution or deed, may

dira tained in prison, on account of any debts charged owing before he became a bankrupt, by reaon an ha- son that judgment was obtained before such

cof- certificate was allowed, it shall be lawful for pus.

any of the judges of the court wherein judgment was so obtained, or for any court, judge, or justice, within the district in which such bankrupt shall be detained, having powers to award or allow the writ of Habeas Corpus, on such bankrupt producing his certificate so as aforesaid allowed, to order any fheriff or gaoler who shall have such bankrupt in cultody, to discharge such bankrupt without fee or charge, first giving reasonable notice to the plaintiff, or his attorney, of the motion for such discharge.

Sec. 39. And be it further enacted, That every Perfons person who shall have bona fide given credit to whole or taken securities, payable at future days, debts are from persons who are or shall become bankdue at a runt

a rupts, not due at the time of such persons futureday in

becoming bankrupt, shall be admitted to prove may prove then, their debts and contracts, as if they were pay

able presently, and shall have a dividend in

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proportion to the other creditors, discounting, where no interest is payable, at the rate of so much per centum per annum, as is equal to the lawful interest of the state where the debt was payable; and the obligee of any Obligees bottomry or respondentia bond, and the af- of certain

bonds, & sured in any policy of insurance, shall be admitted to claim, and after the contingency or red in a loss, to prove the debt thereon, in like man- policy of ner as if the same had happened before iffu- inlurance

11 may claim ing the commission; and the bankrupt shall no be discharged from such securities, as if such commifmoney had been due and payable before the fion, &c. time of his or her becoming bankrupt; and such creditors may petition for a commission, or join in petitioning.

Sec. 40. And be it further enacted, That in case any person, committed by the commis- Proc sioner's warrant, shall obtain a habeas corpus, an habeas in order to be discharged, and there shall ap- corpus, pear any insufficiency in the form of the war. brought rant, it shall be lawful for the court or judge ay a perbefore whom such party hall be brought by nitted

2 fon conghabeas corpus, by rule or warrant, to commit by the such persons to the fame prison, there to re- commismain until he shall conform as aforesaid, un- lioners. less it shall be made to appear that he had fully answered all lawful queitions put to him by the commissioners; or in case such person was committed for not signing his examination, unless it shall appear that the party had good reason for refusing to sign the same, or that the commissioners had exceeded their authority in making such commitment; and on the in case the gaoler to whom such person shall gaoler be committed, shall wilfully or negligently suffering suffer such person to escape, or to go without

ane or to co without such per

us fou to go · the doors or walls of the prison, such gaoler at large.

VOL. V. :

1

Prisoner shall, for such offence, being convided thereto be pro-of, forfeit a fum not exceeding three thousand

Y dollars for the use of the creditors. the gaoler on de. Sec. 41. And be it further enacted, That the mand of a gaoler (hall, upon the request of any creditor, creditor, having proved his debt, and shewing a certi

ficate thereof, under the hands of the commissioners, which the commissioners shall give without fee or reward, produce the person so committed ; and in case such gaoler shall refuse to shew such person to such creditor, requesting the same, such person shall be considered as having escaped, and the gaoler or sheriff fo refusing, fhall be liable as for a wilful escape.

Sec. 42. And be it further enacted, That where Off-fets it shall appear to the said commissioners that to be al- thore bo lowed.

there hath been mutual credit given by the bankrupt, and any other person, or mutual debts between them at any time before such person became bankrupt, the assignee or afsignees of the estate shall state the account between them, and one debt may be set off against the other, and what shall appear to be due on either side on the balance of such account after such set off, and no more, shall be claimed or paid on either side respectively.

Sec. 43. And be it further enacted, That it Allignees shall and may be lawful to and for the assignee may: with or assignees of any bankrupt's estate and efcontent of the fects, under the direction of the commission. commifs ers, and by and with the consent of the mafioners, jor part in value of such of the said bank.

Ce agree rupt's creditors, as shall have duly proved to a refer

their debts under the commission, and shall ence or compro. be present at any meeting of the said credimise. tors, to be held in pursuance of due and pub

lic notice for that purpose given, to submit

any difference or dispute for, on account of, or by reason or means of, any matter, cause or thing whatsoever, relating to such bankrupt or to his or her estate or effects, to the final end and determination of arbitrators to be chosen by the said commissioners, and the major part in value of such creditors as shall be present at such meeting as aforesaid, and the party or parties with whom they shall have such difference or dispute, and to perform the award of such arbitrators, or otherwife to compound and agree the matter in difference and dispute as aforesaid, in such manner as the said assignee or assignees under the direction and with the consent aforesaid, shall think fit and can agree; and the same shall be binding on the several creditors of the said bankrupt, and the said assignee or assignees are hereby indemnified for what they shall fairly do according to the directions aforesaid.

BankSec. 44. And be it further enacted, That the rupt's efassignees shall be, and hereby are vefted with tate may full power to dispose of all the bankrupt's be dispo

fed of at estate real and personal at public auction or

public vendue, without being subject to any tax, auction, duty, impofition, or restriction, any law to without the contrary notwithstanding.

paying Sec. 45. And be it further enacted, That if duty, &c. after any commission of bankruptcy, sued what is forth, the bankrupt happen to die before the to be done commissioners shall have distributed the ef- if the fects, or any part thereof, the commissioners

bankrupt

die, penda shall, nevertheless, proceed to execute the ing the commiffion, as fully as they might have done proceedif the party were living.

ings. Sec. 46. And be it further enaĉied, That where any commission of bankruptcy shall be deli

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ir vered to the commissioners, therein named, to tioners be executed, it shall and may be lawful for may de- them before they take the oath or affirmation mand le- of qualification, to demand and take from the curity for the ex

creditor or creditors profecuting such compenfes of mission, a bond with one good security, if the com- required, in the penalty of one thousand dolmission. lars, conditioned for the payment of the costs,

charges, and expenses, which shall arise and accrue upon the prosecution of the said commission : Provided always, that the expenses, so as aforesaid to be secured and paid by the petitioning creditor or creditors, shall be repaid to him or them by the commissioners or assignees, out of the first monies arising from the bankrupt's estate or effects, if so much be received therefrom.

Sec. 47. And be it further enacted, That the District district judges, in each district respectively, judge to shall fix a rate of allowance to be made to the fix the commissioners of bankruptcy, as compensacompen

tion of services to be rendered under the comthe com- mission, and it shall be lawful for any credimissioners tor, by petition to the district judge, to ex

cept to any charge contained in the account of the commissioners : And the said judge, after hearing the commissioners, may in a fummary way decide upon the validity of such exception.

Sec. 48. And be it further enacted, That all Penalties penalties, given by this act for the benefit of how reco- the creditors, shall be recovered by the af

“ signee or affignees by action of debt, and the appropriated.

money so recovered, the charges of suit being deducted, shall be distributed towards pays ment of the creditors.

Sec. 49. And be it further enacted, That if any action shall be brought against any commissioner, or assignee, or other person, having

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