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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 loft, 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 arrett- certificate, shall be taken in execution or de
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 beas cor. certificate was allowed, it shall be lawful for
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 sheriff 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 Persons person who shall have bona fide given credit to
or taken securities, payable at future days, debts are from persons who are or shall become bank
rupts, not due at the time of such persons futureday
becoming bankrupt, shall be admitted to prove their debts and contracts, as if they were payable presently, and shall have a dividend in
due at a
may prove theni.
proportion to the other creditors, discount-
Sec. 40. And be it further enacted, That in case any person, committed by the commif- Proceed
ings on 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 by a pera before whom such party shall be brought by nitted habeas corpus, by rule or warrant, to commit by the such persons to the same prison, there to re- commismain until he shall conform as aforesaid, unless it shall be made to appear that he had fully answered all lawful questions 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
Penalty authority in making such commitment; and 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 the doors or walls of the prison, such gaoler at large. VOL. V.
such pero fou to go
Prisoner shall, for such offence, being convided there. to be pro-of, forfeit a fum not exceeding three thousand duced by dollars for the use of the creditors. the gaoler
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 fhew such person to such creditor, requesting the same, such person shall be considered as having escaped, and the gaoler or sheriff fo refusing, hall be liable as for a wil
Sec. 42. And be it further enacted, That where Off-sets it shall appear to the said commissioners that to be al
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 assignees 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 fet off, and no more, shall be claimed or paid on either side respectively.
Sec. 43. And be it further enacted, That it Alligne: fhall and may be lawful to and for the assignee
or assignees of any bankrupt's estate and ef
fects, under the direction of the commissioncommif- ers, and by and with the consent of the malioners, jor part in value of such of the said bankEcc. agree rupt's creditors, as shall have duly proved to a refer
their debts under the commission, and shall compro- be present at any meeting of the said credi
content of the
tors, to be held in pursuance of due and public 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 faid commissioners, and the major part in value of such creditors as fhall 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 otherwise 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 er assignees shall be, and hereby are vested with tate may full power to dispose of all the bankrupt's be dispoestate real and personal at public auction or
public vendue, without being subject to any tax, auction, duty, imposition, or restriction, any law to without the contrary notwithstanding.
paying Sec. 45. And be it further enacled, 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 bankrups
die, pendshall, nevertheless, proceed to execute the commission, 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.
fed of at
vered to the commissioners, therein named, to
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
creditor or creditors prosecuting such compenses of mission, a bond with one good security, if the com- required, in the penalty of one thousand dolmiflion. 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 ihe bankrupt's estate or effects, if so much be received therefrom.
Sec. 47. And be it further enacted, That the
district judges, in each district respectively, judge to shall fix a rate of allowance to be made to the
commissioners of bankruptcy, as compensa
tion of services to be rendered under the comthe com- mission, and it shall be lawful for any credi- . missioners 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 seco, the creditors, shall be recovered by the af
signee or assignees by action of debt, and the appropri
money fo recovered, the charges of suit being deduéted, shall be distributed towards payment 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
fix the compensation to