Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

erfon, after Property

[ocr errors]

authority under the commission, for any thing General done or performed by force of this act, the iflue and defendant may plead the general issue, and

nd double

costs progive 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.

acted un

.pder the Sec. 50. And be it further enacted, That if commit any estate real or personal shall descend, re- fion. vert to, or become vested in any person, after he or she shall be declared a bankrupt, and before he or she shall obtain a certificate, the banksigned by the judge as aforesaid, all such ef- rupt, be. tate shall, by virtue of this act, be vested in fore he

o obtains a the said commissioners, and shall be by them assigned and conveyed to the assignee or af-cate, to fignees in fee fimple, or otherwise, in like be vested manner as above directed, with the estate of in the the said bankrupt, at the time of the bank..

fioners. ruptcy, and the proceeds thereof shall be divided among the creditors.

Sec. 51. And be it further enacted, That the said commissioners shall, once in every year,

Proceed

'ings of carefully file, in the clerk's office of the dis-th trict court, all the proceedings had in every missioners case before them, and which shall have been to be filed finished, including the commissions, exani- in the of

fice of the nations, dividends, entries, and other determinations 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 hall 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

om.

[ocr errors]
[ocr errors]

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 tions of

- interrogatories, to be put by the judge or

ank, commissioners to the said bankrupt and others, rupt and and also to produce and examine witnesses the allow- and documents before such judge or comance of missioners, relative to the subject matter bethe certificate.

*fore them. And in case either the bankrupt

or creditor shall think him or herself aggrieved by the determination of the said judge or commissioners, relative to any material fact,

in the commencement or progress of the said Trial hy 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 thereto certain facts.

on, with the complaint of the party, and a prayer for trial by a jury to determine the same, and the said 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 same; at which time the said trial shall 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 faid facts, and the judge or commissioners shall proceed agreeably thereto.

Sec. 53. And be it further enacted, That the ow. commissioners before the appointment of asance to signees, and the assignees after such appointthe bank- ment, may, from time to time, make such alrupt, pen- lowance out of the bankrupt's eltate until he ding the proceed.

I shall have obtained his final discharge, as in ings. their opinion may be requisite for the neces

fary support of the said bankrupt and his family.

Sec. 54. And be it further enacted, That it Creditors shall be lawful for the major part in value may diof the creditors, before they proceed to the rectwhere choice of assignees, to direct in what manner, the mo,

sney shall with whom, and where the monies arising by, h and 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 credi. tors, 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, commil

in lioners shall be valid to all intents and purposes, if may act. performed by a majority of them.

Sec. 56. And be it further enacted, That in the com all cases where the assignees shall prosecute million any debtor of the bankrupt for any debt, duty shall be or demand, the commission, or a certified co. er

édico evidence py thereof, and the assignment of the commis

of the parsioners of the bankrupt's estate, shall be con- a banko clusive evidence of the issuing the commis- 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 seconda

under a future commission, be entitled to any other commifs certificate than a discharge of his person only ; fion. unless the nett proceeds of the estate and effects of such person so becoming bankrupt a fecond time, shall be sufficient to pay seventy

K discharge

five per cent. to his or her creditors on the

amount of their debts respectively. Claims of Sec. 58. And be it further enacted, That any creditors creditor of a person, against whom a commismay be 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 unwillingness to submit the same to the judgment of the said commissioners, and his with 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 issue shall be made up between the parties, and a jury shall be impannelled, as in other cafes, to try the same 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 fuits originally instituted in the said court, and when rendered, if not set aside by the court, shall be certified to the commiftioners, 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

lands and effects of any person becoming rupt’s ef

as bankrupt may be sold on such credit, and on be fold on such security, as a major part in value of the credit. creditors may direct: Provided, nothing herein

contained shall be allowed so to operate, as to retard the granting the bankrupt's certificate.

tat

Sec. 6oon becoming ful for any thall be in the are the

Sec. 60. And be it further enacted, That if

bhuhe in Creditors any person becoming bankrupt, shall be in re

or comprison, it shall be lawful for any creditor or millioners creditors, at whose suit he or she shall be in may reexecution, to discharge him or her from cus- lease the tody, or if such creditor or creditors shall re- bankrupt

from prifuse to do so, the prisoner may petition the con, and commissioners, to liberate him or her, and the formthereupon, if, in the opinion of the commif. er may iffioners, the conduct of such bankrupt shall fue a new

execution have been fair, so as to entitle him or her in F their opinion, to a certificate, when by law not 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 fame 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 fhall be no bar to another execution, if a certificate shall be refused to fuch 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, the

shall af. for the relief of insolvent debtors, except fo 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 imprifoned for the space of three months, for any debt, or upon any contract, unless the credi

VOL. V.

« ΠροηγούμενηΣυνέχεια »