INSOLVENT DEBTORS |
INDEX TO THE LAWS.
from all debts, &c. contracted in his individual or
copartnership capacity, at the time of his application,
Provided that he shall not thereby be discharged
from the payment of any fine,
Provided also that any property which he shall
thereafter acquire by gift, descent, or in his own right
by bequest, devise, or in any course of distribution,
shall be liable,
And that the discharge of such debtor shall not
discharge any other person from such debt, &c.
The court empowered to allow such
debtor to retain
the necessary wearing apparel and bedding of himself
and family,
The court may direct the trustee to
sell the property
as they shall think most for the advantage of the creditors,
The produce (after satisfying all judgments, incumbrances
and liens,) to be divided among the creditors
according to their claims,
But no judgment to be rendered after this act, or
after the time of application, to be a lien on the real
property,
Nor shall any process against real or personal
property have any effect, except writs of fieri facias
actually and bona fide laid before this act, or
the time of
application,
Trustees empowered to sue in their
own names, and
to prosecute suits commenced by the debtors,
Proceedings directed, on allegation
of fraud by the
debtor, in disposing of his property, &c. to deceive
his
creditors,
Or of his losing more than $100 by gaming at
any time within three years,
Or of his having assigned his property, with intent
to give an undue preference to any creditor or security,
On proof of such allegations, the debtor to be
precluded from the benefit of the act,
On conviction of swearing or affirming falsely,
to suffer as in cases of perjury,
The trustee may be allowed a commission,
not exceeding
8 per cent.
On complaint by a creditor, or on his becoming
insolvent, the trustee may be called before the court,
the complaint inquired into, and orders made,
He may be punished as for a contempt in case of
not obeying such orders, or removed, and another appointed,
Provision made for the discharge of
the bodies of
petitioners imprisoned at the time, and for payment of
the fees, &c.
Such discharge not to operate as a discharge of
the debts,
Provided that the debtor, if required, shall give
bond, with security approved by the court or judge,
for his appearance to answer the allegations of his creditors,
or remain in confinement,
A time to be appointed for him to appear to answer
interrogatories by the creditors, on not less than three
months notice,
The court may limit a time for creditors
to bring in
their claims,
May examine them and the debtors on oath or
affirmation,
May direct issues on contested claims, and set
apart any part of the estate therefor,
Any creditor colluding with a debtor to gain an
undue preference, or for concealment of any part of
his estate, or concerning any acknowledgment of the |
Session. Ch. S.
1805 110
5
6
7
8
9
1807 150
2
1805 110
9
10
11
12
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