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acted under the coinmir
obtains a certif
authority under the commission, for any thing General done or performed by force of this act, the iffue and defendant may plead the general issue, and give this act and the special matter in evi- vided for dence; and in case of a non-suit, discontinu- defendance, or verdict or judgment for him, he shall ants who recover double costs.
Sec. 50. And be it further enacted, That if any estate real or personal shall descend, re- sion. vert to, or become vested in any person, after
Property he or she shall be declared a bankrupt, and
coming to before he or she shall obtain a certificate, the banksigned by the judge as aforesaid, all such ef- rupt, betate shall, by virtue of this act, be vested in fore he the said commissioners, and shall be by them assigned and conveyed to the assignee or afsignees in fee fimple, or otherwise, in like be ve ted manner as above directed, with the estate of in the
commifthe said bankrupt, at the time of the bankruptcy, and the proceeds thereof shall be divided among the creditors.
Sec. 51. And be it further enacted, That the faid commissioners fhall, once in every year,
Proceedcarefully file, in the clerk's office of the diftrict court, all the proceedings had in every missioners cafe before them, and which shall have been to be filed finished, including the commissions, exami- in the ofnations, dividends, entries, and other deter- Clerk of minations of the said commissioners, in which the difoffice, the final certificate of the said bank- trict, &c. rupt may also be recorded; all which proceedings Thall remain of record in the said office, and certified copies thereof shall be admitted as evidence in all courts, in like manner as the copies of the proceedings of the said district court are admitted in other cases.
Sec. 52. And be it further enacted, That it shall and may be lawful for any creditor of such bankrupt, to attend all or any of the
fice of the ance of the certi. ficate.
to certain facts.
Creditors examinations of said bankrupt, and the almay at- lowance of the final certificate, if he shall tend the think proper, and then and there to propose examina- interrogatories, to be put by the judge or the bank- commissioners to the faid bankrupt and others, rupt and and also to produce and examine witnefses the allow- and documents before such judge or com
missioners, relative to the subject matter before them. And in case either the bankrupt or creditor shall think him or herself aggriev
. ed by the determination of the said judge or commissioners, relative to any material fact,
in the commencement or progress of the said Trial by proceedings, or in the allowance of the certijury may
ficate aforesaid, it shall and may be lawful for be had in either party to petition the said judge, setting relation forth such facts and the determination there.
on, with the complaint of the party, and a prayer for trial by a jury to determine the fame, and the faid judge shall, in his discretion, make order thereon, and award a venire facias to the marshal of the district, returnable within fifteen days before him, for the trial of the facts mentioned in the said petition, notice whereof shall be given. to the commissioners and creditors concerned in the fame; at which time the said trial Ahall be had, unless, on good cause shewn, the judge shall give farther time, and judgment being entered on the verdict of the jury, shall be final, on the said facts, and the judge or commissioners shall proceed agreeably thereto.
Sec. 53. And be it further enacted, That the commissioners before the appointment of af
fignees, and the assignees after such appointthe bank- ment, may, from time to time, make such alrupt, pen- lowance out of the bankrupt's estate until he ding the
shall have obtained his final discharge, as in proceedings.
their opinion may be requisite for the necef
sary support of the said bankrupt and his family.
Sec. 54. And be it further enacted, That it shall be lawful for the major part in value may diof the creditors, before they proceed to the rect where choice of assignees, to direct in what manner, with whom, and where the monies arising by, be deposiand to be received from time to time out of ted. the bankrupt's estate, shall be lodged, until the same shall be divided among the creditors, as herein provided ; to which direction every such assignee and assignees shall conform as often as three hundred dollars shall be received.
Sec. 55. And be it further enacted, That every Majority matter and thing by this act, required to be of the done by the commissioners of any bankrupt, shall be valid to all intents and purposes, if performed by a majority of them.
Sec. 56. And be it further enacted, That in the comall cases where the assignees shall prosecute mission any debtor of the bankrupt for any debt, duty hall be or demand, the commission, or a certified copy thereof, and the assignment of the commis
ty being fioners of the bankrupt's estate, shall be con- a bankclusive evidence of the issuing the commif- rupt, &c. fion, and of the person named therein, being a trader and bankrupt, at the time mentioned therein.
Sec. 57. And be it further enacted, That every person obtaining a discharge from his debts, Effect of a by certificate as aforesaid, granted under a commission of bankruptcy, shall not, on any fecond future commission, be entitled to any other commifcertificate than a discharge of his person only ; fion. unless the nett proceeds of the estate and effects of such person fo becoming bankrupt a fecond time, shall be sufficient to pay seventy
of the para
discharge under a
five per cent. to his or her creditors on the amount of their debts respectively.
Sec. 58. And be it further enacted, That any creditors creditor of a person, against whom a commis
fion of bankruptcy shall have been sued forth, tried by and who shall lay his claim before the comjury.
missioners appointed in pursuance of this act, may at the same time declare his unwillingnefs to submit the fame to the judgment of the said commissioners, and his wilh that a jury may be impannelled to decide thereon : And in like manner the assignee or assignees of such bankrupt may object to the confideration of any particular claim by the commissioners, and require that the same should be referred to a jury. In either case, such objection and request' shall be entered on the books of the commissioners, and thereupon an iffue shall be made up between the parties, and a jury shall be impannelled, as in other cafes, to try the fame in the circuit court for the district in which such bankrupt has usually resided. The verdict of such jury shall be subject to the controul of the court, as in suits originally instituted in the said court, and when rendered, if not set aside by the court, shall be certified to the commiffioners, and shall ascertain the amount of any such claim, and such creditor or creditors shall be considered in all respects as having proved their debts under the commission.
Sec. 59. And be it further enacted, That the Bank
lands and effects of any person becoming
bankrupt may be fold on such credit, and on be fold on such security, as a major part in value of the
creditors may direct: Provided, nothing herein contained shall be allowed fo to operate, as to retard the granting the bankrupt's certificate.
Sec. 60. And be it further enacted, That if any person becoming bankrupt, shall be in prison, it shall be lawful for any creditor or missioners creditors, at whose fuit he or she fhall be in may reexecution, to discharge him or her from cuf- lease the tody, or if such creditor or creditors shall re
bankrupt fuse to do so, the prisoner may petition the lon, and commissioners, to liberate him or her, and the formthereupon, if, in the opinion of the commis- er may fioners, the conduct of such bankrupt shall fue a new have been fair, fo as to entitle him or her in if he does their opinion, to a certificate, when by law 110t obsuch certificate might be given, it shall be tain a diflawful for them to direct the discharge of charge. such prisoner, and to enter the same in their books, which being notified to the keeper of the gaol in which such prisoner may be confined, shall be a sufficient authority for his or her discharge : Provided, That in either case, such discharge shall be no bar to another execution, if a certificate shall be refused to such bankrupt: And provided also, that it shall be no bar to a subsequent imprisonment of such bankrupt by order of the commissioners, in conformity with the provisions of this act.
Sec. 61. And be it further enacted, That this act shall not repeal or annul, or be construed How far to repeal or annul the laws of any state now this act in force, or which may be hereafter enacted, felt the for the relief of insolvent debtors, except so insolvent far as the same may respect persons, who are, laws of or may be clearly within the purview of this the states. act, and whose debts shall amount in the cases specified in the second section thereof to the fums therein mentioned. And if any person within the purview of this act, shall be imprisoned for the space of three months, for any debt, or upon any contract, unless the crediVOL. V.