prisoned or

civil suit for

tract may

of this act

specified.

sent an in

its and

fects.

A. D. 1811. or hereafter shall be imprisoned on any civil process isInsolvent suing out of any court within and under the authority debtors im- of this state, or who now is, or hereafter may be prosesued in a cuted in any such court for debt, or on contract express debt or con- or implied, to present a petition to the recorder of the petition for city of New-York, or of the city of Hudson, or of the the benefit city of Albany, or to any one of the commissioners hereas the per- in after specified, praying that the estate of such person son threin so petitioning may be assigned, and he or she be discharged according to this act; and that every person s Must pre- petitioning, shall, at the time of presenting such petiventory of tion, cause to be delivered to the said recorder or com debts, cred-missioner, a true account of the suit or suits in which he shall be then imprisoned and impleaded, the names of the several plaintiffs in such suits, and their place or places of residence respectively, designating, as near as may be, the nature of such suits and the amount due in each, and also a full, just and true account or list of all his or her creditors, and of the monies due or to become due and owing to them respectively by such petitioner; and also an inventory and account of all the estate, both real and personal, of such petitioner, and of all books, vouchers and securities relating to the same; and the said recorder or commissioner shall thereupon administer to such petitioner an oath to the following effect: "I, do solemnly swear, in the presence of Almighty God, (or affirm, as the case may be) that the account herewith delivered is a just and truc account of all my creditors, and of all the monies owing by me to them respectively, according to the best of my knowledge and remembrance; and that the inventory or account also herewith delivered, is a just and true inventory or account of all my estate, real and personal, both in law and equity, in possession, reversion or remainder; and that I have not directly or indirectly sold, leased, or otherwise disposed of, or made over in trust for myself or otherwise (except as is set forth in the same account or inventory) any part of my estate, real or personal, for my future benefit, or for the benefit of any other person or persons, in order to defraud my creditors; nor have I since I was imprisoned or impleaded in either of the suits mentioned in my

Must take an oath.

Form thereof.

A. D. 1811.

tion must

ed 6 weeks

account, paid any money or other thing to any of my creditors in preference to others of my creditors; nor have I, since I was impleaded or imprisoned as aforesaid, either directly or indirectly, secured any creditor in preference to any other creditor; nor have I aided, assisted or abeted from the time aforesaid, any one of my creditors in procuring any mortgage, judgment, or other lien upon any of my estate; nor have I been impleaded or imprisoned by any creditor in any suit now existing against me, upon any understanding, either express or implied, that I should be enabled thereby to apply for the benefit of the act entitled "An act for the benefit of insolvent debtors and their creditors," which oath being taken and subscribed by such petitioner, he Applica or she shall cause a notice to be personally served on be publishthe prosecuting creditor or creditors of said insolvent, in certain or their attornies or agents lawfully authorised; and the papers. recorder or commissioner to whom the application shall be made, shall direct such other notice to be given in the newspaper published by the printer of this state, and in a newspaper printed in the city of New-York, and in a newspaper published in the county where such application shall be made; and if no newspaper be printed in such county, then the notice shall be published in a newspaper of the nearest county; and the said notice shall be published for six weeks successively, which said notice or notices shall require him or them to appear on such day and at such place as shall be appointed by such recorder or commissioner, or any other subsequent day that the said recorder or commissioner may deem proper to appoint, not less than sixty days from the time of publishing such notice, to shew cause If no cause why the prayer of the petitioner ought not to be grant- and ed; and if no sufficient cause shall appear, and the said fraudshewn recorder or commissioner shall be satisfied that the pe- er, &c. to titioner hath conformed to the matter required of him direct asby this act, and that there is no collusion between the debtors essaid debtor and the prosecuting creditor or creditors, ing wearhe shall direct a grant or assignment of all such peti- ing appar el, bedding tioner's estate, both in law and in equity, in possession, tools of reversion or remainder, to three discreet and sufficient trade, &c. persons, being creditors of said insolvent, to be named,

is shewn

no

the Record

signment of

tate except

of 3 months

A. D. 1811. by the said recorder or commissioner, excepting such articles of wearing apparel and bedding, and such tools of trade as, in the opinion of the said recorder or commisioner, shall be reasonable for such petitioner and his family to retain, and also the arms and accoutreResidence ments of such petitioner required by law to be provior impris ded by any citizen enrolled in the militia: Provided always, That no such petition shall be presented, or creditor notified to appear, in any city or county other than that of which such petitioner shall have been an inhabitant for the space of three months next preceding the presenting of such petition, or in which he shall have Not allow been imprisoned. And provided further, That if any preference such debtor shall, after his imprisonment aforesaid, or after suit after he shall be impleaded or prosecuted as aforesaid,

onment reof

quired or

debtor.

ed to give

to creditors

brought.

pay any one debt due from him in preference to any other debt or debts due from him, or shall secure upon property, real or personal, any one debt due from him in preference to any other debt or debts due from him, then and in such case the said debtor shall not be entitled to the privileges and relief granted by this act; as to per- but this proviso shall not extend to any debtor who shall have been imprisoned, impleaded or prosecuted as aforesaid before the passing of this act, nor shall such debtor be required to take that part of the oath which relates to a preference among creditors.

Exceptions

before this

act.

If assignee, &e, be sick

another

recorder, &c.

II. And be it further enacted, That in case of the absent, &c. refusal to serve, death, absence or incapacity, by reamay be ap- son of sickness or otherwise, of any person so named as assignee, the said recorder or commissioner shall and may appoint another in his stead; and so from time to time, as often as any vacancy shall happen from any of the causes before mentioned, such vacancy being sufficiently suggested and made appear to such recorder or commissioner.

Insolvent and others

may be ex

amined as witnesses

and com

pelled to testify.

III. And be it further enacted, That it shall and may be lawful for the recorder or commissioner before whom such petition shall be depending, upon application of any creditor of such petitioner, to examine such petitioner, and any other person or persons upon oath, touching every matter relative to the estate, debts and credits of the said petitioner; and for that purpose,

such recorder or commissioner is hereby required to A. D. 1811. summon such person or persons personally to attend before such recorder or commissioner at such time and place as shall be in such summons mentioned; and in case such person or persons shall refuse or neglect to attend, and upon the oath or affidavit of the due service of such summons, then it shall be lawful for the said recorder or commissioner to issue his warrant, under his hand and seal, commanding the sheriff, or other proper officer, to apprehend such person or persons as shall in such warrant be named, and to bring him, her or them before the said recorder or commissioner, at such time and place as shall in such warrant be mentioned, to answer such questions as shall be asked of him, her or them, touching the estate of the petitioner; and if such person or persons, being served with such summons or warrant, shall duly appear and refuse to answer upon oath all questions touching the matter Or if contuaforesaid, then it shall be lawful for such recorder or shall be commissioner, by warrant under his hand and seal, to committed. commit such person or persons to prison, there to remain till he or she submit to answer as aforesaid; and in every such warrant shall be specified not only the cause of commitment, but also the terms of discharge therefrom.

melious

Upon pro

upon such pe- ducing as

tificate

IV. And be it further enacted, That titioner producing a certificate, under the hands and signees cerseals of the assignees, or any two of them, executed in the presence of two witnesses, that such petitioner hath granted, conveyed, assigned and delivered, for the use of his or her present creditors, or of those who may become creditors by reason of any contract then existing, all his or her estate, real and personal, both in law and equity, in possesion, reversion or remainder, except as aforesaid, and all the books, vouchers and securities relating to the same, the recorder or commissioner before whom such petition shall be depending, shall give a discharge under his hand and seal to such petitioner, which discharge, or the transcript of the re- Insolvent cord thereof, certified under the hand of the clerk of charged. the county, in whose office such discharge shall be filed, and the seal of the court of said county shall be a suf

may be dis

A. D. 1811. ficient authority to the sheriff or jailer for setting such prisoner or prisoners at large, and shall be also conclusive evidence in all courts of this state of the facts therein contained, and shall be construed to discharge such insolvent from all debts due from him at the time of the assignment, or contracted for before that time, though payable afterwards; and no person so discharged shall be thereafter sued, prosecuted, impleaded, arrested or imprisoned for any debt due at the time of said discharge, or contracted for before that time, though payable afterwards; and if sued, prosecuted, impleaded, arrested or imprisoned, may plead the genAnd if sued eral issue, and give the special matter in evidence upon plead the and under a notice given with said plea, in which nogeneral is- tice he shall be required to state, that he has been dis

after may

'sue.

Fraud, cases of.

charged under this act, the recorder or commissioner who signed the discharge, of the city or county in which said discharge was obtained, and the date thereof.

V. And be it further enacted, That in case any such petitioner shall dispose of or convey his or her estate or effects in trust or otherwise, with intent to defraud his or her creditors, or shall fraudulently conceal his or her estate or effects, or shall, after the assignment of his or her estate by virtue of this act, receive any debt or debts due to him or her before such assignment, or if he or she shall secrete any part of his or her estate, or any books or writings relative thereto, with an intent to defraud his or her creditor, or shall with like intent procure any person to appear to be named as creditor for any sum not bona fide due, or for any larger sum than is really and bona fide due, then and in every such case discharge. the discharge of the said insolvent under this act shall be absolutely void, and the said insolvent shall be deemed guilty of a public offence; and further, that in all such cases aforesaid, or in any other case wherein any fraud shall appear, or wherever the said recorder or commissioner before whom such proceedings are had shall have good cause to suspect that the said insolvent, in any of the said proceedings, hath been guilty of any fraudulent concealment, or other false or fraudulent conduct, with intent to defraud his just creditors, the said recorder or commissioner shall have power, and

Avoids the