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

ed, may

effects, and to a certificate of discharge as aforefaid, nor fhall he be entitled to the faid allowance or certificate, if he has loft, at any one time fifty dollars, or in the whole three. hundred dollars, after the paffing 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 fhall have obtained his if arreft certificate, fhall be taken in execution or debe dif- tained in prifon, on account of any debts charged owing before he became a bankrupt, by reaon an ha- fon that judgment was obtained before fuch beas cor- certificate was allowed, it shall be lawful for

pus.

whole

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

Sec. 39.

And be it further enacted, That every Perfons perfon who fhall have bona fide given credit to or taken fecurities, payable at future days, debts are from perfons who are or fhall become bankrupts, not due at the time of fuch perfons future day may prove becoming bankrupt, fhall be admitted to prove their debts and contracts, as if they were payable presently, and fhall have a dividend in

due at a

them.

proportion to the other creditors, discount-
ing, where no intereft is payable, at the rate
of fo 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 refpondentia bond, and the af- of certain
bonds, &
fured in any policy of infurance, fhall be ad- the affu-
mitted to claim, and after the contingency or red in a
lofs, to prove the debt thereon, in like man- policy of
ner as if the fame had happened before iffu- infurance
may claim
ing the commiffion; and the bankrupt shall
be discharged from fuch fecurities, as if fuch commif-
money had been due and payable before the fion, &c.
time of his or her becoming bankrupt; and
fuch creditors may petition for a commiffion,
or join in petitioning.

under the

Proceed

fon com

Sec. 40. And be it further enacted, That in cafe any perfon, committed by the commifings on fioner's warrant, fhall obtain a habeas corpus, an habeas in order to be discharged, and there fhall ap- corpus, pear any infufficiency in the form of the war- brought rant, it fhall be lawful for the court or judge by a perbefore whom fuch party fhall be brought by mitted habeas corpus, by rule or warrant, to commit by the such persons to the fame prifon, there to re- commifmain until he fhall conform as aforefaid, unlefs it fhall be made to appear that he had fully answered all lawful questions put to him by the commiffioners; or in cafe fuch perfon was committed for not figning his examination, unless it fhall appear that the party had good reason for refufing to fign the fame, or that the commiffioners had exceeded their

Gioners.

Penalty

authority in making fuch commitment; and on the
in cafe the gaoler to whom fuch perfon fhall gaoler
be committed, fhall wilfully or negligently fuffering
fuffer such person to escape, or to go without
the doors or walls of the prifon, fuch gaoler at large.

VOL. V.

K

fuch perfon to go

Prifoner fhall, for fuch offence, being convicted thereto be pro- of, forfeit a fum not exceeding three thousand duced by dollars for the use of the creditors.

the gaoler

on de

Sec. 41. And be it further enacted, That the mand of a gaoler fhall, upon the request of any creditor, creditor. having proved his debt, and fhewing a certificate thereof, under the hands of the commiffioners, which the commiffioners fhall give without fee or reward, produce the person so committed; and in cafe fuch gaoler fhall refuse to fhew fuch perfon to fuch creditor, requesting the fame, fuch perfon fhall be confidered as having escaped, and the gaoler or fheriff fo refufing, fhall be liable as for a wilful escape.

lowed.

Sec. 42. And be it further enacted, That where Off-fets it fhall appear to the faid commiffioners that to be al- there hath been mutual credit given by the bankrupt, and any other perfon, or mutual debts between them at any time before fuch perfon became bankrupt, the affignee or affignees of the eftate fhall ftate the account between them, and one debt may be fet off against the other, and what fhall appear to be due on either fide on the balance of such account after fuch fet off, and no more, fhall be claimed or paid on either fide respectively.

may, with confent of the

Sec. 43. And be it further enacted, That it Affignees fhall and may be lawful to and for the affignee or affignees of any bankrupt's eftate and ef fects, under the direction of the commiffioncommif- ers, and by and with the confent of the mafioners, jor part in value of such of the said bank&c. agree rupt's creditors, as fhall have duly proved their debts under the commiffion, and fhall be present at any meeting of the faid creditors, to be held in purfuance of due and public notice for that purpose given, to submit

to a refer

ence or

compromife.

any difference or difpute for, on account of, or by reafon or means of, any matter, cause or thing whatsoever, relating to fuch bankrupt or to his or her eftate or effects, to the final end and determination of arbitrators to be chofen by the faid commiffioners, and the major part in value of such creditors as fhall be prefent at fuch meeting as aforefaid, and the party or parties with whom they fhall have fuch difference or difpute, and to perform the award of such arbitrators, or otherwife to compound and agree the matter in difference and difpute as aforefaid, in such manner as the faid affignee or affignees under the direction and with the consent aforefaid, fhall think fit and can agree; and the fame fhall be binding on the feveral creditors of the said bankrupt, and the faid affignee or affignees are hereby indemnified for what they fhall fairly do according to the directions aforefaid.

Bank

rupt's ef

fed of at

Sec. 44. And be it further enacted, That the affignees fhall be, and hereby are vefted with tate may full power to difpofe of all the bankrupt's be difpoeftate real and perfonal at public auction or vendue, without being fubject to any tax, auction, duty, impofition, or reftriction, any law to without the contrary notwithstanding.

public

paying

Sec. 45. And be it further enacted, That if duty, &c. after any commiffion of bankruptcy, fued What is forth, the bankrupt happen to die before the to be done commiffioners fhall have diftributed the ef- if the

bankrupt

fects, or any part thereof, the commiffioners die, pend

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

Sec. 46. And be it further enacled, That where any commission of bankruptcy fhall be deli

ings.

fioners

Commif- vered to the commiffioners, therein named, to be executed, it fhall and may be lawful for may de- them before they take the oath or affirmation mand fe- of qualification, to demand and take from the curity for creditor or creditors profecuting fuch compenfes of miffion, a bond with one good fecurity, if the com- required, in the penalty of one thousand dolmiffion. lars, conditioned for the payment of the cofts,

the ex

Diftrict judge to

charges, and expenfes, which fhall arife and accrue upon the profecution of the faid commiffion: Provided always, that the expenfes, fo as aforefaid to be fecured and paid by the petitioning creditor or creditors, fhall be repaid to him or them by the commiffioners or affignees, out of the first monies arifing from the bankrupt's eftate or effects, if so much be received therefrom.

Sec. 47. And be it further enacted, That the district judges, in each diftrict respectively, fhall fix a rate of allowance to be made to the commiffioners of bankruptcy, as compenfation of fervices to be rendered under the comthe com- miffion, and it fhall be lawful for any credimiffioners tor, by petition to the diftrict judge, to ex

fix the compen

fation to

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

Sec. 48. And be it further enacted, That all Penalties penalties, given by this act for the benefit of how reco- the creditors, fhall be recovered by the af vered and fignee or affignees by action of debt, and the money fo recovered, the charges of fuit being deducted, fhall be diftributed towards payment of the creditors.

appropri

ated.

Sec. 49. And be it further enacted, That if any action fhall be brought against any commiffioner, or affignee, or other person, having