Page images
PDF
EPUB

when the

military

ment; until the first day of January, eighteen hundred and six, to make their third instalment; and until the first day of January, eighteen hundred and seven to make their fourth and last instalment; any thing in the acts aforesaid, to the contrary notwithstanding.

Sec. 8. And be it further enacted, That Land pawhere any warrants granted by the state of tents how to Virginia, for military services, have been surbe obtained veyed on the north west side of the river Ohio, between the Sciota and the little Miami riwarrants are vers, and the said warrants, or the plats and lost or des- certificates of survey made thereon, have been troyed. lost or destroyed, the persons entitled to the said land may obtain a patent therefor, by producing a certified duplicate of the warrant from the land office of Virginia, or of the plat and certificate of survey from the office of the surveyor in which the same is recorded, and giving satisfactory proof to the Secretary of War, by his affidavit, or otherwise of the loss or destruction of said warrant, or plat and cèrtificate of survey.

NATH. MACON,

Speaker of the House of Representatives.
STEPHEN R. BRADLEY,

President of the Senate, pro tempore.

March 3, 1803.

APPROVED.

TH: JEFFERSON.

CHAPTER LXXXIV.

An ACT for the relief of Insolvent Debtors within the District of Columbia.

B

E it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any

jail of the

debtor who is now, or may hereafter be, in Debtorsconactual confinement in jail, in the district of fined in the Columbia, at the suit of any creditor, may ap- district of ply by petition in writing, to any one of the Columbia judges of the circuit court of the district of may petition Columbia, and offer to deliver up, for the use for relief. of his creditors, all his property, real, personal In what and mixed, to which he is in any manner en- manner. titled, a schedule whereof, on oath or affirmation, together with a list of his creditors, as far as he can ascertain them, shall be annexed to and exhibited with his petition; and thereupon the said judge shall direct notice of such application to be published in some of the public newspapers, for such time as he may think proper, which notice shall likewise require the attendance of the creditors at the court-house of the county, in which the petitioning debtor is confined, and at such time. as the said judge may appoint; and it shall be the duty of the said judge, and of the clerk, of the county, to attend at the time and place appointed; and on the appearance of the creditors, either in person or by attorney, agreeably to the notification, or on their neglect to appear, the said judge shall administer to the debtor the following oath: "I, A. B. do swear Oath or affir(or solemnly, sincerely and truly declare and mation of affirm,) that I will deliver up, convey and the debtor. transfer, for the use of my creditors, all my property that I have any title to or claim any interest in, whether in possession, remainder or reversion, and all claims, rights and credits that I have or am in any manner entitled to; and that I have not at any time given, sold, conveyed, lessened or disposed of for the use or benefit of myself, or any other person or persons, any part of my money or other property, claims, rights or credits, thereby

Trustee appointed.

Who shall give bond

by.

to defraud my creditors, or any of them, or to secure the same with a view or expectation to receive any profit, benefit or advantage thereby," and the said judge shall thereupon appoint such person, as a majority of the creditors in value, their agents or attornies, then present, shall recommend, to be a trustee, for the benefit of the creditors of the petitioning debtor; or in case of non-attendance of the creditors, or of their not making a recommendation, the said justice shall name such person as he shall think proper, to be a trustee as aforesaid.

Sec. 2. And be it further enacted, That before the said trustee shall proceed to act, he and securi- shall give bond to the United States in such penalty and with such security as the said judge shall approve, conditioned for the faithful performance of his trust, which shall be recorded in the clerk's office of the county in which the proceedings are had; and a certified copy thereof shall be received as evidence in any court of law in the United States; and the said bond may be sued in the name of the United States, for the use of any person or persons who may conceive him or themselves In case of aggrieved by the negligence or misconduct of death or re- the trustee. And in case of the death or refusal to act, fusal to act of any trustee, the said judge may another ap- appoint another in his place, who shall give

pointed.

The petitioning debtordis

char ged,

and how.

bond in manner as aforesaid.

Sec. 3. And be it further enacted, That upon the petitioning debtor's executing a deed or deeds to the said trustee, conveying all his property, real, personal and mixed, and all his claims, rights and credits, agreeably to the oath or affirmation of the said debtor, and on delivering all his said property which he shall have in his possession, together with his

books, papers and evidences of debts of every
kind, to the said trustee, and the said trustee's
certifying the same to the said judge in
writing, it shall be lawful for the said
judge to make an order to the marshal,
jailor. or keeper of the prison, in which
said debtor is then confined, command-
ing that the said debtor shall be thence-
forth discharged from his imprisonment;
and he shall be immediately discharged, and
the said order shall be a sufficient warrant there.
for: Provided, That no person who has Proviso.
been guilty of a breach of the laws, and who
has been imprisoned for or on account of the
same, shall be discharged from imprison-
ment And provided likewise, That any pro-
perty which the debtor may afterwards ac-
quire, (except the necessary wearing apparel
and bedding for his family, and his tools if a
mechanic or manufacturer,) shall be liable to
the payment of his debts, any thing herein to
the contrary notwithstanding.

Sec. 4. And be it further enacted, That Wearing apthe said judge may allow such petitioning parel, beddebtor and his family, to retain their neces- ding & tools sary wearing apparel and bedding, and if of trade althe said debtor, be a mechanic or manufacturer, he may likewise retain the tools of his trade.

lowed.

how sold.

Sec. 5. And be it further enacted, That Property of the said judge may direct the trustee to sell the debtor and convey the property of the petitioning debtor, at such time, and on such terms and conditions as he shall deem most to the advantage of the creditors, and the product Product thereof, after satisfying all incumbrances and thereof how liens, shall be divided among the creditors in proportion to their respective claims and no process against the real or personal property of the debtor shall have any effect or Vol. VI.

2Q

divided.

What pro- operation, except process of execution, and cesses only attachments in the nature of executions, can take efwhich shall have been put in the hands of the marshal antecedent to the application.

fect..

Trusteemay sue in his

own name.

Fraud or deceit towards creditors.

Sec. 6. And be it further enacted, That every trustee may sue for, in his own name, any property or chose in action assigned to him by virtue of this act.

Sec. 7. And be it further enacted, That if any creditor, at any time within two years after the application of such debtor, shall allege in writing, to the circuit court of the district of Columbia, or at any other court of the United States, within whose jurisdiction such debtor may be found, that such debtor had at the time of his application as aforesaid, directly or indirectly conveyed, lessened or disposed of any part of his property, rights or credits, with intent to defraud his creditors, or had at any one time within twelve months next preceding Debtorgam- said application, lost by gaming more than ing to a cer- three hundred dollars, or had assigned or tain extent. conveyed any part of his property, rights or

credits, with intent to give a preference to any creditor or creditors, or any surety, the said court shall thereupon order notice of such allegation to be given in writing to the debtor, and upon his appearance before them, or on his neglect to appear, after proof that notice has been served, the said court shall, within a reasonable time examine the debtor or any other person, upon interrogatories on oath, touching the substance of the said allegations, or may direct an issue or issues to be tried in a summary way, without the form of an action, to determine the truth of the same; and if upon the answer to the said interrogatories, or

« PreviousContinue »