« ForrigeFortsett »
ly, illesai preference to any party rights or de assigned or con
ing more than three hundred dollars, or had assigned or con- Debtor gamveyed any part of his property, rights or credits, with intentarovancera to give a preference to any creditor or creditors, or any surety, the said court shall thereupon order notice of such allega. tion 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 is upon the answer of the said interrogatories, or upon the trial of the issue or issues, such debtor shall be found guilty of any fraud or deceit towards his creditors, or of having lost by gaming as aforesaid, or of having given any preference as aforesaid, he shall be precluded from any benefit under this act; and in case such debtor, or any other, testifying either for or against him, shall at any time ny or corrupt thereafter be convicted of falsely, wilfully and corruptly swear- swearing or
affirming. ing or affirming to any maller or thing in virlue of this act, he shall suffer as in the case of wilful perjury, and upon such con- How punishviction of the debtor, or any other person testifying for him, ed. he shall be forever precluded from any benefit under this act.
8. That every judge charged with the execution of this lowed a comact, may, in the respective cases which may be brought be- mission. fore him, allow the irustee a commission not exceeding eight per centum for his trouble, on the amount of debts paid by ... him ; and if any complaint shall be made to the said judge of be superseded the misconduct of any trustee by any creditor, or by the debt- for or, the said judge may call such trustee before them, and enquire into the cause of complaint, and may make such rules and orders as he may ihink proper for the accomplishment of the object of the trust, and may in his discretion remove such Trustee and appoint another in his place. $ 9. That the acting judge may by order, limit and appoint Exhibition of
claims to the a time for creditors to bring in and exhibit their claims to the trustee, and if the said trustee should inink proper to contest any claim exhibited against the debtor, it shall be his duty to Contested
hoooo claims how report the same 10 the judge having cognizance of the case, who may examine the creditor and debtor upon oath respecting the same, and may submit to a jury, such issues as shall be proper 10 settle the points in contest, or may appoint two indifferent persons to act as arbitrators between the parties, with a power, if they differ, 1o choose an umpire, and a decision thus made shall be final between the parties ; and the said justice may order any part of the debtor's estate to be set Provision for apart, and retained for the eventual satisfaction of any contested claim, or to be brought again into distribution; and if any creditor to whom a debt is due, shall collude with a debtor to gain an undue preference, or for the concealment of any part of the debtor's estate or effects, or shall contrive or con- Collusion forcert any acknowledgment of the debtor by parol, or in writing, to give false color to his claim, such creditor shall lose the whole of his debt.
feits the debt.
ed after being
Dobtor arrosto $ 10. That if any debtor who shall have been relieved un. relieved, how der this act, shall be arrested or imprisoned on any process to be dis. , sued out on any judgment or decree, obtained against him for charged, and in what cases, any debt, damages, or costs contracted, owing or growing due
before his discharge as aforesaid, the court before whom such process shall be returned or returnable, or any judge thereof, shall discharge such debtor ; and if any such debtor shall be arrested or imprisoned on any process for the recovery of any debt, damages or costs contracted, owing or growing due before his discharge as aforesaid, the court before whom such process shall be returned, or returnable, or any judge thereof, shall discharge such debtor out of custody, on his common appearance being entered, without special bail : Provided, and it is the true intent and meaning of this act, that no discharge whatever under this act shall be construed or taken as a discharge of any other person from any debt, contract or en
-gagement of any kind or nature soever. The judge SI1. That when the acting judge shall as above prescribed, shall lodge with the clerk give to the marshal an order for the discharge of a debtor, it shall of the county be the duty of the said judge to lodge with the clerk of the coun
ty in which the discharge shall take place, a certificate in the Certificate of following words, viz. “ I do hereby certify, that I have this day discharge. ordered the marshal of the district of Columbia, to discharge from
imprisonment A B, an insolvent debtor, agreeably to the act of the congress of the United States, entituled “ An act for the re
lief of insolvent debiors within the district of Columbia," which Copy of the said certificate shall be recorded by the said clerk, and a copy ficale evidence thereof under seal, shall be received in evidence, in any court of in law. law in the United States. Unfinished : $ 12. That if any judge before whom the operation of this acts of a judge how completo act in any particular case shall bave been commenced, shall ed.
die, resign his office, or become disqualified, the proceedings may be completed by any other judge of the said court, in the same manner as if they had been originally commenced before
him. What papers § 13. That the application of the debtor, the appointinent are to be recorded by the of a trustee, the deed from the debtor to the trustee, the sevecounty clerk. ral claims exhibited to the trustee and the amount of sales of
the debtor's property shall be transmitted to and recorded by
the clerk of the county in which the debtor was confined at Copies of the the time of his application; copies of which, under seal, shall record legal evidence. be received as evidence in any court of law in the United
States, and the clerk shall receive the same fees as are fixed by Clerk's fees law for the like services in other cases, to be paid by the trustee how payable.
out of the first proceeds of the debtor's estate that may come into
his hands. Limitation to . 8 14. That no discharge of an insolvent debtor under this this dischargo. act shall have a greater effect in any particular state than if such
debtor had been discharged under the insolvent debtor's law of
the effect of
any other state. Circuit court shall deter § 15. That the circuit court of the district of Colu:nbia, mine the al- shall, by a general order to be entered on the records of the lowance of prisoners in said court, fix the daily allowance for the support and main
be detaine 1
in the di:
tenance of prisoners in execution for debt or damages in civil suits, which allowance the said court may, by a like general order, increase or diminish from time to time, as circuinstances may require. And no person taken in execution for debt or Who shall not damages in a civil suit, shall be detained in prison therefor, unless the creditor, his agent or attorney, shall, after demand there- ed for—by
With prison of by the marshal, pay or give such security, as he may require, fees to pay such daily allowance, and the prison fees : Provided, Proviso, That a release from prison for want of such payment or security, shall not discharge the debt; but the body of the debtor shall never be again taken in execution therefor.
$ 16. That the said court may cause to be marked and laid Prison bounds out, reasonable bounds of the prisons in the said district, to "" be recorded in the same court; and from time to time, may renew, enlarge, or diminish the same. And every prisoner Liberty of the not committed for treason or felony, giving such 'security to ber approved keep within the said bounds, as any judge of the said court security. shall approve, shall have liberty to walk therein, out of the prison, for the preservation of his health ; and keeping continually within the said bounds, shall be adjudged in law a true prisoner.
$ 17. That the provisions of this act shall not be construed Public deblors to extend to any debtor who is or shall be imprisoned at the dents a year, suit of the United States, nor to alter, lessen, or impair the excluded the right of the United States, to be first satisfied out of the es- this act. tales of persons indebted to them ; nor 10 any debtor who has not resided in the district of Columbia one year next preceding his said application. (Approved, March 3, 1803.]
an i non resi
[The following section has in substance been inserted in the late general Appropriation acts annually passed, and may therefore be considered as a standing provision.)
Id to any
Sect. 2. And be it further enacted, That the several sums Money to be hereby appropriated, shall be paid out of any money in the pre treasury not otherwise appropriated : Provided, however, that Proviso ; no
money to be no money appropriated by this act shall be paid to any person, pard for his compensation, who is in arrears to the United Siates, person who is
m arrears to until such person shall have accounted and paid into the trea- the U. States. sury all sums for which he may be liable: Provided, also, that Proviso ; no
thing in this nothing in this section contained shall be construed to extend section cooto balances arising solely froin the depreciation of treasury tained to be
construed so notes, received by such person to be expended in the public as to extend to service ; but in all cases where the pay or salary of any person bal
any rerson balances aris.
ing solely from is withheld, in pursuance of this act, it shall be the duty of the depreciathe accounting officer, if demanded by the party, his ageni, or to attorney, to report, forthwith, to the agent of the treasury department, the balance due: and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent, and his sureties.
tion of treasu