TITLE I. ARTICLE FOURTH. When creditor may petition. Contents of petition and affidavit. Order for appear, &c. Of Proceedings by Creditors, to compel Assignments by Debtors imprisoned on Execution in Civil Causes. SEC. 1. When creditor may petition to compel assignment of debtor's estate. 2. Petition what to state; to be accompanied by affidavit; contents of affidavit 3. Officer to make order requiring other creditors to appear, &c. 4. Notice of such order, how to be published. 5. Copy of order to be served on debtor or on jailer. 6. On the day appointed, officer to hear proofs and allegations of parties, &c. 7. When officer to order debtor to be brought before him for examination. 8. Debtor when brought up, to be examined on oath. 9. If debtor refuse to be examined, officer may commit him to close confinement. 10. Officer then to take other proof of the debts, &c. 11. When order to be made requiring debtor to deliver account of his creditors, &c. 12. If two-thirds of creditors have not united in petition, proceeding to be dismissed. 13. Duty of debtor, after service of order; effect of compliance therewith. 14. When creditor may demand that debtor's case be submitted to a jury; proceedings 15. Certain provisions of Article Third, extended to proceedings under this Article. 16. When officer is to grant debtor a discharge. 17. Effect of such discharge; how impeached, and when void. 18. If debtor do not comply with the order, &c. officer to execute assignment. 20. Such debtor not to be discharged, unless he and his creditors petition, &c. $1. When any person shall have been actually imprisoned for more than sixty days upon execution in any civil action, any creditor having a demand against such person to the amount of twenty-five dollars, for which a suit might then be brought, may apply by petition to any of the officers enumerated in the first section of the seventh Article of this Title, to compel an assignment of the estate of such debtor.38 $ 2. The petition shall state the nature and object of the application; and shall be accompanied by an affidavit of the creditor, stating, that such imprisoned debtor is justly indebted to him in a certain sum, therein to be specified, then due; that such debtor is imprisoned in a certain county therein to be named, under an execution against him in some civil action; that he has been so imprisoned for more than sixty days, and that such creditor is apprehensive, that the estate of such debtor will be wasted or embezzled.38 §3. Upon such application being made to such officer, he shall creditors to make an order requiring the creditors of such imprisoned debtor, to appear before him at a certain time and place to be specified in the order, and determine whether they will unite in a petition for an assignment of such debtor's estate. 38 Notice of order. $ 4. The creditor making such application, shall cause notice of such order to be published once in each week, for eight weeks successively, in the state paper, and in a newspaper printed in the county where such debtor is imprisoned, if there be any, and if there be (38) Laws of 1817, p. 41, § 1. none, then in a newspaper printed nearest to the place of such impri- ART. 4. sonment,39 served on $5. Such creditor shall also, within ten days after the granting of Copy to bu such order, serve a copy thereof on the debtor, or on the keeper of debtor. the jail where such debtor is imprisoned, who shall deliver the same to such debtor.$9 parties. 36. On the day appointed for showing cause, or on such subse- Hearing of quent days and times as the officer making the order shall direct, upon proof being made to him of the due publication of such notice and of the service of such order, such officer shall proceed to hear the proofs and allegations of the parties. 89 ordered to be 37. If at the time of such hearing, any of the creditors of such im- When debtor prisoned debtor shall unite in a petition for the assignment of such examined, debtor's estate, and shall accompany such petition with the same affidavit of each creditor, as is required in the fourth section of Article third of this Title, (except that such affidavits respectively shall state, that the sums therein specified, were due from such debtor, at the time of granting the order for publication of notice to creditors, as herein before required,) the officer to whom the same may be presented, may order such imprisoned debtor to be brought before him, to be examined touching his debts. examined. $ 8. Upon such debtor being brought before the said officer, he flow to be shall be examined on oath, concerning his creditors, the sums of money due to them respectively, and the places of their residence. fusing to be $9. If the debtor refuse to be so examined, or shall not give full Debtor reinformation concerning the matters so inquired of him, the officer examined, to be commit shall, by order in writing, commit him to close confinement in the ted. jail of the county in which he shall be imprisoned, in which order the cause of such commitment shall be particularly specified; and such debtor shall thereupon be closely confined without being entitled to the liberties of the jail, until he shall consent to such examination, and give such information.. to be taken, $10. Upon any debtor being so committed, the said officer shall other proof proceed to take other proof, of the debts owing by such debtor, and the names and residence of his creditors, and of the sums due to them respectively. When debtor deliver ac 3 11. If it shall appear by the examination of the debtor or by other proof, satisfactorily to the said officer, that creditors residing with- required to in the United States, having debts due to them, amounting to two- count, &e. thirds of all the debts owing by such imprisoned debtor to creditors within the United States, have petitioned in the manner herein before (39) Laws of 1817, p. 41, § 1. VOL. II. TITLE 1. directed, for an assignment of such debtor's estate, and no good cause to the contrary appear, the officer shall make an order, requiring such debtor, by a certain day to be therein specified, to deliver an account of his creditors and an inventory of his estate to such officer, upon oath, and to execute an assignment of his estate; or that he shew cause why such an assignment should not be made by such officer. 40 $ 12. If it shall not appear that two-thirds of the creditors of such dismissed. imprisoned debtor, as aforesaid, have united in the said petition, all further proceedings thereon shall cease, and such petition shall be dismissed.40 Petition when to be Duty of debt or on service of order. Proceedings if debtor comply. Creditor may demand a jury. Debtor may &c. $13. Within ten days after service of the order requiring the assignment, such imprisoned debtor shall deliver to the officer making such order, an account of all his creditors, and an inventory of his estate, with the books, vouchers and securities relating to the same, in all respects conformable to the account and inventory required of an insolvent debtor, in the preceding third Article of this Title; and shall take and subscribe the oath in that Article required of a debtor petitioning for his discharge, and shall execute an assignment of his estate, and produce the evidence thereof, in the same manner, and with the like effect, as prescribed in that Article. 40 14. Any creditor of such imprisoned debtor, may, at the time of such debtor's rendering his account and inventory, demand that the case of such debtor be submitted to a jury; and shall be entitled thereto, on filing with the officer before whom the proceedings shall be had, a specification of the grounds of his objections to such debtor's discharge; and the same proceedings shall be had in all respects, for the summoning of such jury, and for their determination of the matter, and with the like effect, as prescribed in the said third Article. $ 15. Such debtor may be examined in the same manner, and with be examined, the like effect, as is prescribed in the said third Article; and may in like manner be required to pay, or secure the payment of, any debts collected by him, or the value of any property assigned by him, after the first publication of the notice to his creditors to appear, with the same exceptions as in that Article are specified; and if it shall appear that he has preferred any creditor as in the said Article specified, he shall in like manner be precluded from obtaining a discharge under this Article. Debtor when to be dis charged. $ 16. If such imprisoned debtor shall in all respects comply with the order of the said officer, and with the provisions of the preceding sections of this Article, and if the jury shall determine in favor of such debtor; or in case no jury shall be demanded, or they disagree, if the (40) Laws of 1817, p. 41, § 2. officer before whom the proceedings shall be had, shall be satisfied of ART. 4. the fairness of the proceedings of such debtor, and that he has made a full disclosure of his property, of the securities relating thereto, and of his creditors, the officer shall grant to such debtor a discharge from bis debts and from imprisonment.41 charge. $17. Every such discharge shall have the like effect in all re- Effect of disspects, both in regard to the debts of such debtor, and the exonerating of his person from arrest or imprisonment, as if the same had been granted upon the application of such debtor and two-thirds of his creditors, according to the provisions of the third Article of this Title; and the same may in like manner be impeached, and shall become When void. void, in the same cases, so far as they are applicable, in which a discharge granted under the said third Article, would be void.41 if debtor do $18. If such imprisoned debtor shall not comply with the order of Proceedings the officer, requiring an account, inventory and assignment as afore- not comply. said, and with the provisions of this Article, and if no sufficient cause be shown by him to the contrary, the said officer, upon proof being made of the service of the said order, and of the neglect of the debtor to comply therewith, shall execute an assignment of all the estate of Assignment such debtor to the assignees nominated by the petitioning creditors, for the benefit of all the creditors of the debtor.41 by officer. signment. $19. The assignment so executed by such officer, shall be equally Effect of asvalid, and have the like effect, upon all the real and personal property, which such imprisoned debtor had, on the first day of the publication of the notice to his creditors, herein before required, as if such assignment had been executed by such debtor, voluntarily on that day.41 cluded from certain pro $20. Every such imprisoned debtor, who shall refuse or neglect to Debtor prerender such account and inventory, and to execute such assignment, discharge, pursuant to any order made as herein directed, shall thereafter be ex precluded from obtaining any discharge from his imprisonment, in ceedings. any other manner than upon a petition by himself, and by so many of his creditors who were such at the date of the order for publication of notice to the creditors, as are required by the preceding sections of this Article, to unite in a petition to compel an assignment.11 tition. 321. Upon any such imprisoned debtor making an application for Proceedings his discharge, in conjunction with his creditors, as in the last section creditors pe specified, the same proceedings in all respects shall be had thereon, as are prescribed in the preceding third Article of this Title; except that any assignment which shall be executed by such debtor pursuant to such application, shall be made to the same assignees, to whom (41) Laws of 1817, p. 41, § 4. TITLE 1. any assignment of such debtor's estate shall have been made by any officer under the provisions of this Article, or to such of them, as shall be alive and competent to act; and if there be none, to such assignees as the officer entertaining the proceedings shall appoint. Property to vest in offi ees. $22. Whenever any assignment shall be executed by any officer cer's assign as herein provided, in consequence of the refusal or neglect, of an imprisoned debtor to execute the same, all property, except such as shall be by law exempt from execution, which such debtor shall acquire during his imprisonment and after the first publication of the notice to creditors, shall be deemed to vest in the assignees appointed by such officer, by virtue of the assignment so by him executed. Petition, &c. affidavit. ARTICLE FIFTH. Of voluntary Assignments by an Insolvent, for the purpose of exonerating his Person from imprisonment. SEC. 1. Insolvent's petition to whom to be presented; its contents. 2. Petition to be accompanied by schedule and affidavit; their contents. 3. Officer to make order requiring creditors to show cause, &c. 4. Notice of such order how published. 5. Opposing creditor may demand a jury; when to be entitled thereto. 6. Jury to be summoned, &c., as prescribed in Article third. 7. Certain provisions of Article third, extended to proceedings under this Article. 8. When officer is to direct an assignment of insolvent's estate. 9. Assignment how to be executed, and its effect; to be recorded. 10. When officer to grant insolvent a discharge; its terms and effect. 11. Insolvent to be discharged from imprisonment, &c., on producing discharge, &c. 12. Debts not affected by discharge; after-acquired property liable; lien preserved. 13. When discharges granted under this Article shall be void. $1. Every insolvent debtor may present a petition to any of the officers mentioned in the first section of the seventh Article of this Title, or to any judge of a county court, praying that his estate may be assigned for the benefit of all his creditors, and that his person may thereafter be exempted from arrest or imprisonment, by reason of any debts arising upon contracts previously made, and if in prison, that he may be discharged from his imprisonment.42 Schedule and $ 2. On presenting such petition, the insolvent shall deliver therewith a schedule containing an account of his creditors and an inventory of his estate, similar in all respects to the account and inventory required of an insolvent by the third Article of this Title; and shall annex to the said petition and schedule the following affidavit, which shall be taken and subscribed by him, before the officer to whom such petition is presented, and shall be certified by such officer : do swear, (or affirm, as the case may be) that the account of my creditors, with the places of their residence, and the inventory of my estate, with the evidences of my title thereto, which are herewith delivered, are in all respects just and true; and that I (42) 1 R. L. 463, § 6: Laws of 1819, p. 115, § 1 & 4. |