11. When order to be made requiring debtor to deliver account of his creditors. 12. If two-thirds of creditors have not united, proceeding to be dismissed. 13. Duty of debtor, after service of order; effect of compliance therewith. 14. When creditor may demand a jury. 15. Certain provisions of Article Third, extended to this Article. 16. When officer is to grant a discharge. 17. Effect of such discharge; how impeached, and when void. 18. If debtor do not comply with the order, officer to execute assignment. ART. 4 ditor may 20. Such debtor not to be discharged, unless he and his creditors petition. 21. Proceedings upon such petition; assignment to whom to be executed. 22. Property to vest in the persons to whom officer shall assign. S1. When any person shall have been actually imprisoned When crefor more than sixty days upon execution in any civil action, petition. 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. Laws of 1817, 41, § 1; 2 J. C. R., 431. affidavit. S2. The petition shall state the nature and object of the contents of application; and shall be accompanied by an affidavit of petition and 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. creditors to appear, &c. $ 3. Upon such application being made to such officer, he Order for shall 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. S4. The creditor making such application, shall cause Notice of 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 none, then in a newspaper printed nearest to the place of such imprisonment. order. [25] served on $ 5. Such creditor shall also, within ten days after the Copy to be granting of such order, serve a copy thereof on the debtor, or debtor. on the keeper of the jail where such debtor is imprisoned, who shall deliver the same to such debtor. parties. $6. On the day appointed for showing cause, or on such Hearing of subsequent days and times as the officer making the order shall direct, upon proof being made to him of the due publi TITLE 1. When debtor ordered to be examined. How to be examined. Debtor refusing to be to be com mitted. cation of such notice and of the service of such order, such officer shall proceed to hear the proofs and allegations of the parties. S7. If at the time of such hearing, any of the creditors of such imprisoned debtor shall unite in a petition for the assignment of such 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. $8. Upon such debtor being brought before the said officer, he shall be examined on oath, concerning his creditors, the sums of money due to them respectively, and the places of their residence. $9. If the debtor refuse to be so examined, or shall not examined give full information concerning the matters so inquired of him, the officer shall, by order in writing, commit him to close confinement in the 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. Other proof to be taken. When debtor required to deliver [26] S 10. Upon any debtor being so committed, the said officer shall 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. S11. If it shall appear by the examination of the debtor or by other proof, satisfactorily to the said officer, that creaccount, &c. ditors residing within the United States, having debts due to them, amounting to two-thirds of all the debts owing by such imprisoned debtor to creditors within the United States, have petitioned in the manner herein before 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. Petition when to be Laws of 1817, 41, § 2. S 12. If it shall not appear that two-thirds of the creditors dismissed. of such imprisoned debtor, as aforesaid, have united in the said petition, all further proceedings thereon shall cease, and such petition shall be dismissed. Duty of debtor on service of order. $ 13. Within ten days after service of the order requiring the assignment, such imprisoned debtor shall deliver to the ART. 4. Proceed or comply. officer making such order, an account of all his creditors, and an inventory of his estate, with the books, vouchers and ings if debtsecurities 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. $14. Any creditor of such imprisoned debtor, may, at the Creditor time of such debtor's rendering his account and inventory, mand a jury 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. may de be ex $ 15. Such debtor may be examined in the same manner, Debtor may and with the like effect, as is prescribed in the said third amined, &c. 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. when to be [27] $16. If such imprisoned debtor shall in all respects comply Debtor with the order of the said officer, and with the provisions of discharged. 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 officer before whom the proceedings shall be had, shall be satisfied of 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 his debts and from imprisonment. Laws of 1817, 41, § 4. discharge. $ 17. Every such discharge shall have the like effect in all Effect of respects, 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 void, in the When void. same cases, so far as they are applicable, in which a discharge granted under the said third Article, would be void. ings if debt $ 18. If such imprisoned debtor shall not comply with the Proceed. order of the officer, requiring an account, inventory and assign- or do not ment as aforesaid, and with the provisions of this Article, and comply. TITLE 1. 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, Assignment shall execute an assignment of all the estate of such debtor to the assignees nominated by the petitioning creditors, for the benefit of all the creditors of the debtor. by officer. Effect of assignment. Debtor precluded from except on ceedings. $19. The assignment so executed by such officer, shall be equally valid, 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. S 20. Every such imprisoned debtor, who shall refuse or discharge, neglect to render such account and inventory, and to execute certain pro- such assignment, 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. Proceedings, if he ditors peti tion. S21. Upon any such imprisoned debtor making an appliand his cre- cation for his discharge, in conjunction with his creditors, as in the last section 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 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. [28] Property to vest in offi ees. $22. Whenever any assignment shall be executed by any cer's assign officer 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. ARTICLE FIFTH. OF VOLUNTARY ASSIGNMENTS BY AN INSOLVENT, FOR THE PURPOSE OF SEC. 1. Insolvent's petition to whom to be presented. 2. Petition to be accompanied by schedule and affidavit. 3. Officer to make order requiring creditors to show cause. 4. Notice of such order how published. 5. Opposing creditor may demand a jury. SEC. 6. Jury to be summoned, as prescribed in Article third. 7. Certain provisions of Article third, extended to this Article. 9. Assignment how to be executed, and its effect. 10. When officer to grant a discharge. 11. Insolvent to be discharged from imprisonment. 12. Debts not affected by discharge; after-acquired property liable. 13. When discharges shall be void. &c. ART. 5. S1. Every insolvent debtor may present a petition to any Petition, 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. 1 R. L., 463, § 6; Laws of 1819, 115, § 1 & 4; 1 B., 301; 3 How. P. and affi $ 2. On presenting such petition, the insolvent shall deliver Schedule, therewith a schedule containing an account of his creditors davit. 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 have not, at any time, or in any manner whatsoever, disposed of, or made over, any part of my estate, for the future benefit of myself or my family, or in order to defraud any of my creditors; and that I have not paid, secured to be paid to, or in any way compounded with, any of my creditors, with a view that they, or any of them, should abstain or desist, from opposing my discharge." Laws of 1819, 115, § 2. [29] show cause. S3. Upon receiving such petition, schedule and affidavit, Order to the officer 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. order. S 4. Notice of the contents of such order, shall be published Notice of for 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. $5. Every creditor opposing the discharge of an insolvent Demand of under 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 a jury. |