Assignees to give notice, within twelve make divi dends, &c. at which time creditors may prove their debts, &c. Assignees to produce fair and just accounts, &c. and may be examined on oath, &c. Assignees al lowed to retain their expenses, &c. vidend, &c. § 29. That every person who shall be chosen assignee of the estate and effects of a bankrupt, shall, at some time after the exmonths, of the piration of four months, and within twelve months from the tiine time and place of issuing the commission, cause at least thirty days' public noof meeting, to tice to be given, of the time and place the commissioners and as. signees intend to meet, to make a dividend or distribution of the bankrupt's estate and effects; at which time the creditors, who have not before proved their debts, shall be at liberty to prove the same, and upon every such meeting, the assignee or as signees shall produce to the commissioners and creditors then present, fair and just accounts of all his or their receipts and payments, touching the bankrupt's estate and effects, and of what shall remain outstanding, and the particulars thereof, and shall, if the creditors then present, or a major part of them, require the same, be examined upon oath or solemn affirmation, before the same commissioners, touching the truth of such accounts; and in such accounts the said assignee or assignees shall be allowed, and retain, all such sum and sums of money as they shall have paid or expended in suing out and prosecuting the commission, and all other just allowances on account of, or by reason of Commission- means of, their being assignee or assignees; and the said com. ers to order di- missioners shall order such part of the nett produce of the said bankrupt's estate, as by such accounts or otherwise shall appear to be in the hands of the said assignees, as they shall think fit, to be forthwith divided among such of the bankrupt's creditors as have duly proved their debts under such commission, in propor. tion to their several and respective debts; and the commissioners shall make such their order for a dividend in writing, under their hands, and shall cause one part of such order to be filed amongst the proceedings under the said commission, and shall deliver unto each of the assignees under such commission, a duplicate of such their order, which order of distribution shall conlain an account of the time and place of making such order, and the sum total, or quantum, of all the debts proved under the commission, and the sum total of the money remaining in the hands of the assignee or assignees to be divided, and how many per cent. in particular is there ordered to be paid to every cre The assignees ditor of his debt; and the said assignee or assignees, in pursu to make distri- ance of such order, and without any deed or deeds of distribubution, take tion, to be made for the purpose, shall forthwith make such divi. receipts, &c. dend and distribution accordingly, and shall take receipts, in a book to be kept for that purpose, from each creditor, for the part or share of such dividend or distribution which he or they shall make and pay to each creditor, respectively; and such order and receipt shall be a full and effectual discharge to such as signee for so much as he shall fairly pay, pursuant to such order as aforesaid. Second dividend within eighteen months, &c. in case, &c. § 30. That within eighteen months next after the issuing of the commission, the assignee or assignees shall make a second dividend of the bankrupt's estate and effects, in case the same were not wholly divided upon the first dividend, and shall cause due public notice to be given of the time and place the said commissioners intend to meet, to make a second distribution of the bankrupt's estate and effects, and for the creditors who shall not before have proved their debts, to come in and prove the same; and at euch meeting the said assignees shall produce, on oath or solemn affirmation, as aforesaid, their accounts of the bankrupt's estate and effects, and what, upon the balance thereof, shall appear to be in their hands, shall, by like order of the commissioners, be forthwith divided amongst such of the bankrupt's creditors as shall have made due proof of their debts, in proportion to their several and respective debts; which second Second dividividend shall be final, unless any suit at law, or equity, be de- dend final, unpending, or any part of the estate standing out, that could not less, &c. have been disposed of, or that the major part of the creditors shall not have agreed to be sold or disposed of, or unless some other or future estate or effects of the bankrupt shall afterwards come to, or rest in, the said assignees, in which cases the said assignees shall, as soon as may be, convert such future or other estate and effects into money, and shall, within two months after the same be converted into money, by like order of the commissioners, divide the same among such bankrupt's creditors as shall have made due proof of their debt under such commission. § 31. That in the distribution of the bankrupt's effects, there Every creditor shall be paid to every of the creditors a portion rate, according to be paid in to the amount of their respective debts, so that every creditor proportion, computing in having security for his debt by judgment, statute, recognisance, the dividends or specialty, or having an attachment under any of the laws of the amount of the individual states, or of the United States, on the estate of debt secured such bankrupt, (Provided, there be no execution executed upon by judgment, to any creditor any of the real or personal estate of such bankrupt, before the statute, recogtime he or she became bankrupts) shall not be relieved upon any nisance, &c. such judgment, statute, recognisance, specialty, or attachment, provided, &c. for more than a rateable part of his debt, with the other creditors of the bankrupt. account, &c. 32. That the assignees shall keep one or more distinct book, Assignees to or books, of account, wherein he or they shall duly enter all keep books of sums of money, or effects which he or they shall have received, to which credor got into his or their possession, of the said bankrupt's estate, itors who may to which books of account, every creditor, who shall have proved have proved his or her debt, shall, at all reasonable times, have free resort, may resort,&c. and inspect the same as often as he or she shall think fit. their debts on notice, &c. § 33. That every bankrupt, not being in prison or custody, The bankrupt, shall, at all times after his surrender, be bound to attend the as- not being in prison, bound signees, upon every reasonable notice, in writing, for that pur- to attend aspose given, or left at the usual place of his or her abode, in or- signees, &c. der to assist in making out the accounts of the said bankrupt's for which he estate and effects, and to attend any court of record, to be exa- is to receive 3 mined touching the same, or such other business as the said as- dolls. per day. signees shall judge necessary, for which he shall receive three dollars per day. § 34. That all and every person and persons who shall be- Allowance to come bankrupt as aforesaid, and who shall, within the time limit- bankrupts ed by this act, surrender him or herself to the commissioners, to the proviand in all things conform as in and by this act is directed, shall sions of this who conform act, &c. &c. Bankrupt to be discharged from all debts, &c. 5 per cent. on be allowed five per cent. upon the nett produce of all the estate nett produce, if the dividend that shall be recovered in and received, which shall be paid unto amount to 50 him or her by the assignee or assignees, in case the nett produce. per cent. so as, of such estate, after such allowance made, shall be sufficient to pay the creditors of said bankrupt, who shall have proved their debts under such commission, the amount of fifty per cent. on their said debts, respectively, and so as the said five per cent. shall not exceed, in the whole, the sum of five hundred dollars; 10 per cent. on and in case the nett produce of the said estate shall, over and nett produce in case the divi- above the allowance hereafter mentioned, be sufficient to pay dends amount the said creditors seventy-five per cent. on the amount of their to 75 per cent. said debts, respectively, that then the said bankrupt shall be allowed ten per cent. on the amount of such nett produce, to be paid as aforesaid, so as such ten per cent. shall not, in the whole, exceed the sum of eight hundred dollars; and every such bank. rupt shall be discharged from all debts by him or her due or owing, at the time he or she became bankrupt, and all which were or might have been proved under the said commission; and in case any such bankrupt shall afterwards be arrested, prosecuted, or impleaded, for or on account of any of the said debts, such bankrupt may appear without bail, and may plead the general issue, Certificate of bankrupt to and give this act, and the special matter, in evidence: And the be prima facie certificate of such bankrupt's conforming, and the allowance evidence, &c. thereof, according to the directions of this act, shall be, and shall be allowed to be, sufficient evidence, prima facie, of the party's being a bankrupt within the meaning of this act, and of the commission, and other proceedings precedent to the obtain ing such certificate, and a verdict shall thereupon pass for the defendant, unless the plaintiff in such action can prove the said certificate was obtained unfairly, and by fraud, or unless he can make appear any concealment of estate or effects, by such Proviso: dis- bankrupt, to the value of one hundred dollars: Provided, That charge of no such discharge of a bankrupt shall release or discharge any person who was a partner with such bankrupt, at the time he or she became bankrupt, or who was then jointly held or bound with such bankrupt, for the same debt or debts from which such bankrupt was discharged as aforesaid. bankrupt not cent.the bank If the nett pro§ 35. That if the nett proceeds of the bankrupt's estate, so to ceeds, &c. will be discovered, recovered, and received, shall not amount to so not pay 50 per much as will pay all and every of the creditors of the said bankrupt not to be rupt, who shall have proved their debts under the said commis allowed more sion, the amount of fifty per cent. on their debts, respectively, than 300 dolls. after all charges first deducted, that then, and in such case, &c. the bankrupt shall not be allowed five per centum on such estate as shall be recovered in, but shall have and be paid by the assignees so much money as the commissioners shall think fit to allow, not more than three hundred dollars, nor exceeding three Bankrupts not per centum on the nett proceeds of the said bankrupt's estate. entitled to cer- 36. That no person becoming a bankrupt according to the tificate of dis- intent and provisions of this act, shall be entitled to a certificate charge unless of discharge, or to any of the benefits of the act, unless the comsioners certify, missioners shall certify under their hands, to the judge of the &c. or unless district within which such commission issues, that such bankrupt the judge, &c. the commis hath made a full discovery of his or her estate and effects, and in all things conformed him or herself to the directions of this a cr, and that there doth not appear to them any reason to doubt of the truth of such discovery, or that the same was not a full discovery of the said bankrupt's estate and effects; or unless the said judge should be of opinion that the said certificate was unreasonably denied by the commissioners: and unless two thirds, in number and in value, of the creditors of the bankrupt, who shall be creditors for not less than fifty dollars, respectively, and who shall have duly proved their debts under the said commission, shall sign such certificate to the judge, and testify their consent to the allowance of a certificate of discharge, in pursuance of this act; which signing and consent shall be also certified by the commissioners: but the said commissioners shall not Commission. certify the same till they have proof, by affidavit or information, ers not to certify until in writing, of such creditors, or of the persons respectively au- proof of signthorized for that purpose, signing the said certificate; which ing certificate affidavit or affirmation, together with the letter or power of at- by creditors, torney to sign, shall be laid before the judge of the district within which such commission issues, in order for the allowing the certificate of discharge; and the said certificate shall not be al- Bankrupt to lowed, unless the bankrupt make oath or affirmation, in writing, that the certithat the certificate of the commissioners, and consent of the cre- ficate of the ditors thereunto, were obtained fairly and without fraud; and commissionany of the creditors of the said bankrupt are allowed to be heard, ers, and the if they shall think fit, before the respective persons aforesaid, creditors, were against the making or allowing of such certificates by the com- fairly obtainmissioners or judge. &c. make oath consent of the ed, &c. § 37. That if any creditor, or pretended creditor, of any The bankrupt bankrupt, shall exhibit to the commissioners any fictitious or refusing to discover false or false debt, or demand, with intent to defraud the real creditors fictitious of such bankrupt, and the bankrupt shall refuse to make disco- claims exhibitvery thereof, and suffer the fair creditors to be imposed upon, his allowance, ed, &c. loses he shall lose all title to the allowance upon the amount of his certificate, &c. effects, and to a certificate of discharge as aforesaid; nor shall Bankrupt not he be entitled to the said allowance or certificate, if he has lost, entitled to cerat any one time, fifty dollars, or, in the whole, three hundred charge, &c. if dollars, after the passing of this act, and within twelve months he has lost, &c. before he became a bankrupt, by any manner of gaming or wa- by gaming,&c. gering whatever. ficate of dis § 38. That if any bankrupt, who shall have obtained his cer- Bankrupt,havtificate, shall be taken in execution or detained in prison, on ac- ing obtained certificate, if count of any debts owing before he became a bankrupt, by rea- arrested to be son that judgment was obtained before such certificate was al- discharged, &c. lowed, it shall be lawful for any of the judges of the court wherein judgment was so obtained, or for any court, judge, or justice, within the district in which such bankrupt shall be detained, having powers to award or allow the writ of habeas corpus, on such bankrupt producing his certificate so as aforesaid allowed, to order any sheriff or gaoler who shall have such bankrupt in custody, to discharge such bankrupt, without fee or charge, first giving reasonable notice to the plaintiff, or his attorney, of the motion for such discharge. Plaintiff to have reasona ble notice of motion to discharge, &c. Creditors pay days, &c. admitted to prove their tracts, &c. § 39. That every person who shall have, bona fide, given creable at future dit to, or taken securities, payable at future days, from persons who are, or shall become, bankrupts, not due at the time of such persons' becoming bankrupt, shall be admitted to prove their debts and con- debts and contracts, as if they were payable presently, and shall have a dividend in proportion to the other creditors, discounting, where no interest is payable, at the rate of so much per centum per annum, as is equal to the lawful interest of the state where the debt was payable; and the obligee of any bottomry or respondentia bond, and the assured in any policy of ensurance, shall be admitted to claim, and after the contingency or loss, to prove the debt thereon, in like manner as if the same had happened before issuing the commission; and the bankrupt shall be discharged from such securities, as if such money had been due and payable before the time of his or her becoming bankrupt; and such creditors may petition for a commission, or join in petitioning. Obligees of bottomry or respondentia bonds, the as sured, &c. ad mitted to claim, &c. and bankrupt to be discharged from such securities, &c. Persons committed by warrant of commissioners, and brought up on habeas corpus, if insufficiency in form of warrant, the judge may commit, &c. unless, &c. § 40. That in case any person, committed by the commis sioners' warrant, shall obtain a habeas corpus, in order to be discharged, and there shall appear any insufficiency in the form of the warrant, it shall be lawful for the court or judge before whom such party shall be brought by habeas corpus, by rule or war rant, to commit such persons to the same prison, there to remain until he shall conform as aforesaid, unless it shall be made to appear that he had fully answered all lawful questions put to him by the commissioners; or in case such person was committed for not signing his examination, unless it shall appear that the party had good reason for refusing to sign the same, or that the commissioners had exceeded their authority in making such Gaolers forfeit commitment. And in case the gaoler to whom such person shall 3,000 dolls. for be committed, shall wilfully or negligently suffer such person to suffering priescape, or go without the doors or walls of the prison, such gaoler shall, for such offence, being convicted thereof, forfeit a sum not exceeding three thousand dollars, for the use of the cre ditors. soners to es cape, &c. Gaoler, upon request of any creditor, &c.to produce the person committed, &c. § 41. That the gaoler shall, upon the request of any creditor, having proved his debt, and showing a certificate thereof, under the hands of the commissioners, which the commissioners shall give without fee or reward, produce the person so committed; and in case such gaoler shall refuse to show such person to such creditor requesting the same, such person shall be considered as having escaped, and the gaoler or sheriff so refusing, shall be liacommitted, lia- ble as for a wilful escape. Gaoler refus. ing to show the person ble as for es one debt al § 42. That where it shall appear to the said commissioners cape, &c. In cases where that there hath been mutual credit given by the bankrupt, and mutual credit any other person, or mutual debts between them, at any time behas been given fore such person became bankrupt, the assignee or assignees of lowed as an the estate shall state the account between them, and one debt offset against may be set off against the other, and what shall appear to be another, &c. due on either side, on the balance of such account, after such set off, and no more, shall be claimed or paid on either side, respectively. $43. That it shall and may be lawful to and for the assignee |