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double

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authority under the commiffion, for any thing General done or performed by force of this act, the iffue and defendant may plead the general iffue, and give this act and the fpecial matter in evi- vided for dence; and in case of a non-fuit, discontinu- defendance, or verdict or judgment for him, he fhall ants who recover double costs.

acted un

der the

Property

obtains a

Sec. 50. And be it further enacted, That if commifany eftate real or perfonal fhall defcend, re- fion. vert to, or become vested in any person, after he or the shall be declared a bankrupt, and coming to before he or fhe fhall obtain a certificate, the bankfigned by the judge as aforefaid, all fuch ef- rupt, betate fhall, by virtue of this act, be vested in fore he the faid commiffioners, and fhall be by them affigned and conveyed to the affignee or af fignees in fee fimple, or otherwife, in like be vested manner as above directed, with the eftate of in the the faid bankrupt, at the time of the bankruptcy, and the proceeds thereof fhall be divided among the creditors.

certif

cate, to

commif

fioners.

Proceed

fice of the

Sec. 51. And be it further enacted, That the faid commiffioners fhall, once in every year, ings of carefully file, in the clerk's office of the dif- the comtrict court, all the proceedings had in every miffioners cafe before them, and which fhall have been to be filed finished, including the commiffions, exami- in the ofnations, dividends, entries, and other deter- clerk of minations of the faid commiffioners, in which the dif office, the final certificate of the faid bank- trict, &c. rupt may also be recorded; all which proceedings fhall remain of record in the faid office, and certified copies thereof fhall be admitted as evidence in all courts, in like manner as the copies of the proceedings of the faid district court are admitted in other cafes.

Sec. 52. And be it further enacted, That it fhall and may be lawful for any creditor of fuch bankrupt, to attend all or any of the

examina

tions of

the certi

ficate.

jury may

Creditors examinations of faid bankrupt, and the almay at lowance of the final certificate, if he fhall tend the think proper, and then and there to propofe interrogatories, to be put by the judge or the bank. commiffioners to the faid bankrupt and others, rupt and and alfo to produce and examine witneffes the allow- and documents before fuch judge or comance of miffioners, relative to the fubject matter before them. And in cafe either the bankrupt or creditor fhall think him or herself aggrieved by the determination of the faid judge or commiffioners, relative to any material fact, in the commencement or progrefs of the said Trial by proceedings, or in the allowance of the certificate aforefaid, it fhall and may be lawful for be had in either party to petition the faid judge, fetting relation forth fuch facts and the determination thereon, with the complaint of the party, and a prayer for trial by a jury to determine the fame, and the faid judge fhall, in his difcretion, 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 faid petition, notice whereof fhall be given to the commiffioners and creditors concerned in the fame; at which time the faid trial fhall be had, unless, on good caufe fhewn, the judge shall give farther time, and judgment being entered on the verdict of the jury, fhall be final, on the faid facts, and the judge or commiffioners fhall proceed agreeably thereto.

to certain facts.

Allow

Sec. 53. And be it further enacted, That the commiffioners before the appointment of asance to fignees, and the affignees after fuch appointthe bank- ment, may, from time to time, make fuch alrupt, pen- lowance out of the bankrupt's eftate until he ding the shall have obtained his final discharge, as in proceedings. their opinion may be requifite for the necef

fary support of the faid bankrupt and his family.

the mo

ney fhall

Sec. 54. And be it further enacted, That it Creditors fhall be lawful for the major part in value may diof the creditors, before they proceed to the rect where choice of affignees, to direct in what manner, with whom, and where the monies arifing by, be depofiand to be received from time to time out of ted. the bankrupt's eftate, fhall be lodged, until the same shall be divided among the creditors, as herein provided; to which direction every fuch affignee and affignees fhall conform as often as three hundred dollars fhall 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 commiffioners of any bankrupt, commitfhall be valid to all intents and purposes, if performed by a majority of them.

fioners

may act.

evidence

of the par

Sec. 56. And be it further enacted, That in The comall cafes where the affignees fhall profecute mission any debtor of the bankrupt for any debt, duty shall be or demand, the commiffion, or a certified copy thereof, and the affignment of the commifty being fioners of the bankrupt's eftate, fhall be con- a bankclufive evidence of the iffuing the commif- rupt, &c. sion, and of the perfon named therein, being a trader and bankrupt, at the time mentioned therein.

under a

Sec. 57. And be it further enacted, That every perfon obtaining a discharge from his debts, Effect of a by certificate as aforefaid, granted under a difcharge commiffion of bankruptcy, fhall not, on any fecond future commiffion, be entitled to any other commifcertificate than a discharge of his person only; fion. unless the nett proceeds of the estate and effects of fuch perfon fo becoming bankrupt a fecond time, shall be sufficient to pay feventy

Claims of

may be

tried by

jury.

five per cent. to his or her creditors on the amount of their debts refpectively.

Sec. 58. And be it further enacted, That any creditors creditor of a perfon, against whom a commiffion of bankruptcy fhall have been fued forth, and who fhall lay his claim before the commiffioners appointed in purfuance of this act, may at the fame time declare his unwillingness to submit the fame to the judgment of the faid commiffioners, and his with that a jury may be impannelled to decide thereon: And in like manner the affignee or affignees of fuch bankrupt may object to the confideration of any particular claim by the commiffioners, and require that the fame should be referred to a jury. In either cafe, fuch objection and requeft fhall be entered on the books of the commiffioners, and thereupon an iffue fhall 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 fuch bankrupt has ufually refided. The verdict of fuch jury fhall be fubject to the controul of the court, as in fuits originally inftituted in the faid court, and when rendered, if not fet afide by the court, fhall be certified to the commiffioners, and fhall ascertain the amount of any fuch claim, and fuch creditor or creditors fhall be confidered in all refpects as having proved their debts under the commiffion.

Bank

rupt's ef

tate may

Sec. 59. And be it further enacted, That the lands and effects of any perfon 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.

credit.

Creditors

or com

execution

Sec. 60. And be it further enacted, That if any perfon becoming bankrupt, fhall be in prison, it shall be lawful for any creditor or miffioners creditors, at whofe fuit he or she fhall be in may reexecution, to discharge him or her from cuf- leafe the bankrupt tody, or if fuch creditor or creditors fhall refrom prifufe to do so, the prifoner may petition the fon, and commiffioners, to liberate him or her, and the formthereupon, if, in the opinion of the commif- er may if fioners, the conduct of fuch bankrupt fhall 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 not obfuch certificate might be given, it fhall be tain a dislawful for them to direct the discharge of charge. fuch prisoner, and to enter the fame in their books, which being notified to the keeper of the gaol in which such prifoner may be confined, shall be a fufficient authority for his or her discharge: Provided, That in either case, fuch discharge shall 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 fubfequent imprisonment of fuch bankrupt by order of the commiffioners, in conformity with the provifions of this act.

this act

fhall af

Sec. 61. And be it further enacted, That this act shall not repeal or annul, or be conftrued How far to repeal or annul the laws of any state now in force, or which may be hereafter enacted, for the relief of insolvent debtors, except fo infolvent far as the fame may respect perfons, who are, laws of or may be clearly within the purview of this the ftates. act, and whose debts shall amount in the cafes specified in the fecond fection thereof to the fums therein mentioned. And if any perfon within the purview of this act, fhall be imprifoned for the space of three months, for any debt, or upon any contract, unless the crediVOL. V.

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