« PreviousContinue »
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
Petition when to be dismissed.
Duty of debt
or on service of order. Proceedings if debtor comply.
Creditor may demand a
Debtor may be examined, &c.
S 12. If it shall not appear that two-thirds of the creditors of such imprisoned debtor, as aforesaid, have united in the said petition, all further proceedings thereon shall cease, and such petition shall be dismissed. 40
Debtor when to be discharged.
§ 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
15. Such debtor may be examined in the same manner, and with '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.
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.
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.
$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.11
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.4 41
$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
except on certain proceedings.
$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 precluded from obtaining any discharge from his imprisonment, in 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
if he and his
$21. 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.
$22. Whenever any assignment shall be executed by any officer
vest in offi
cer's assign as herein provided, in consequence of the refusal or neglect, of an im
Schedule and affidavit.
prisoned 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.
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
$ 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 :
"I, 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.
have not, at any time, or in any manner whatsoever, disposed of, or ART. 5.
33. Upon receiving such petition, schedule and affidavit, the offi- Order to cer shall make an order requiring the creditors of such insolvent, to show cause before the said officer, at a time and place to be specified in the order, why the prayer of the petitioner should not be granted.4
$4. Notice of the contents of such order, shall be published for Notice of the like time and in the like manner, as directed in Article third of this Title, respecting notices upon the application of an insolvent in conjunction with two-thirds of his creditors.43
$5. Every creditor opposing the discharge of an insolvent under Demand of a this Article, may demand a jury to determine upon the matter; and shall be entitled thereto, on filing with the officer to whom the petition was presented, at or before the first hearing on such petition, a specification in writing of the grounds of his objections.44
36. The same proceedings shall be had for the summoning and Proceedings. impannelling a jury who shall hear the proofs and allegations of the parties, and render their verdict, in the same manner and with the like effect, as prescribed in the third Article of this Title; and the jury may be discharged in the same case therein specified, and in such case, the officer before whom the proceedings shall be had, shall in like manner decide upon the application.44
$7. The petitioner may be examined before the jury or officer, in Ib. Debtor the same manner as prescribed in the said third Article; and may in mined, &c. like manner be required to pay or secure the payment of any debt collected by him, or the value of any property assigned by him, after the presentation of his petition, excepting such as shall appear to have been necessarily expended in the support of himself and his family; and if it shall appear, that he has preferred any creditors, as in the said Article specified, he shall in like manner be precluded from obtaining any discharge, under the provisions of this Article.
38. If the jury shall find in favor of the petitioner; or in case of Assignment their disagreement, or of no jury being required, if the officer before when to be whom the hearing is had, shall be satisfied that such petitioner is unable to pay his debts, that his account and inventory presented with his petition, are true, that he has not been guilty of any fraud or concealment in violation of the provisions of this Article, but has in all things conformed thereto; in either case, such officer shall di
(43) Laws of 1819, p. 115, § 2. (44) Ib. § 7.
TITLE 1. rect an assignment to be made to such assignee or assignees, as such officer shall appoint, of all the estate of such debtor, excepting such articles, as are by law exempt from execution.45
Discharge when to be granted.
$10. Upon producing and proving a certificate of the assignees and of the county clerk, as prescribed in the said third Article, of the execution and recording of such assignment, and of the delivery of the property assigned, or so much as shall be capable of delivery, with the books and papers relating to the same, the officer before whom the proceedings were had, shall grant a discharge under his hand and It's terms and seal; declaring, and such shall be its effect, that the person of such insolvent shall forever thereafter be exempted from imprisonment, by reason of any debt due at the time of his making such assignment, or contracted for before that time, though payable afterwards; and by reason of any liabilities incurred by him, by making or endorsing any promissory note or bill of exchange; or incurred by him in consequence of the payment by any party to such note or bill, of the whole or any part of the money secured thereby, whether such payment be made prior, or subsequent, to the execution of his assignment.46
Debts not affected, &c.
S 9. The insolvent shall execute an assignment, with the like effect as declared in the third Article of this Title, respecting the assignment of a debtor petitioning in conjunction with two-thirds of his creditors, and shall cause the same to be recorded in the same man
$ 11. If such insolvent be in prison, in any suit or proceeding, founded upon any contract or liability, as to which he is exempted from imprisonment according to the last section, he shall be discharged therefrom, on producing his discharge granted pursuant to the provisions of this Article, and upon endorsing his appearance on any mesne process upon which he may be imprisoned.47
S 12. No debt, demand, judgment or decree, against any insolvent discharged under this Article, shall be affected or impaired by such discharge, but shall remain valid and effectual against all the property of such insolvent, acquired after the execution of his assignment; and the lien acquired by any judgment or decree, upon any property of such insolvent shall not be, in any manner, affected by such discharge. 48
13. Every discharge granted to an insolvent under this Article, shall be void in the same cases, so far as they are applicable, in which a discharge granted under the third Article of this Title, is therein. declared to be void.49
(45) Laws of 1819, p. 116, § 2. (46) Ib. p. 118, § 11. (47) Ib. p. 116, § 3. (48) Ib. p. 117, § 6. (49) Ib. § 5.
file proudys with County Atte page 39 (2)