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A. D. 1811. the insolvent shall afterwards vest in the said assign Future div-ees; in which cases the assignees shall as soon as may when to be be convenient, convert such future and other estate inmade. to money, and shall within two months thereafter, divide the same among such creditors as shall have proved their debts.

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XV. And be it further enacted, That the assignees shall be under the direction and control of the recortrol of re-, der or commissioner, which recorder or commissionmay be re- er, on complaint of the debtor, or of any creditor, and good cause shewn, shall have power to displace the said assignees, or either of them, and to name others in their stead if the said assigneess, or either of them, have accepted of their said trust, and shall neglect or refuse to exhibit their accounts, or to perform their said trust as herein is before required and directed, compelled the said recorder or commissioner shall have power, and is hereby required to issue an attachment against their trust him or them, to compel him or them to exhibit the and exhibit said accounts, and to perform their said trusts as

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XVI. And be it further enacted, That if any person may com- who now is or hereafter may be committed to prison pel imprisoned debt- on execution, or against whose goods and chattels, lands tain cases and tenements, execution shall be issued, and be returned unsatisfied, shall not within sixty days after due notice had of such return, present his petition and conform to the directions of this act, it shall and may be lawful for the person or persons at whose suit such person is imprisoned, or execution issued, being a creditor to the amount of one hundred dollars, to prefer a petition to such recorder or commissioner, praying that such debtor may be compelled to make a discovery and assignment of all his property ings therein for the benefit of his creditors; whereupon the said recorder or commissioner, if it shall be made to appear by affidavit to his satisfaction, that such debtor is justly and truly indebted to such petitioner as aforesaid, that the execution issued by such creditor against such debtor is returned unsatisfied; or that such debtor is charged in execution by such creditor

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or creditors, and hath so remained for the space of A. D. 1811. sixty days, shall notify and require such debtor to shew cause, before the said recorder or commissioner, at a certain day to be appointed by the said recorder or commissioner, why the estate of such debtor should not be assigned for the benefit of his creditors; and every sale, gift, bargain or contract made by such debtor, except such as shall be made to or with the prosecuting creditor of said debtor, in the manner and for the purpose declared in the proviso to this section; and payments made to such debtor after such notice, and previous to his discharge, shall be void, and the said recorder or commissioner shall, by warrant under his hand and seal, direct the sheriff or keeper of the gaol of the county in which such debtor may be, to bring such debtor before him the said recorder or commissioner, at the said day, and at some convenient place in the said warrant to be specified; and if it shall appear to the said recorder or commissioner that the said imprisoned debtor is justly indebted as aforesaid, and that he is insolvent, or that he doth wilfully withhold the payment of his just debts, then the said recorder or commissioner shall direct the said debtor to exhibit and deliver at a day and place therefor to be named, such inventory, and under such oath as is required by the first section of this act, at which day the said debtor shall again be brought up in manner aforesaid; and if he shall then, or at such further day as the said recorder or com- when dis charged & missioner shall see proper to appoint, conform to the when not. requisitions of this act, such further proceedings shall be had as is herein before directed; but if the said Assignees debtor shall neglect or refuse to exhibit such invento-pointed. ry or account, and to make such assignment, the said recorder or commissioner shall proceed to appoint assignees, who are hereby declared to be by virtue of such appointment, forthwith vested with all the estate, real and personal, of the said debtor, in the same manner as if he had made such assignment, and may lawfully seize his money, books, papers and effects wheresoever to be found; and the said recorder or com

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A. D. 1811-missioner shall have the same power and authority to examine and interrogate the said debtor, and any other person or persons, on oath touching the estate of such debtor; and shall in all things proceed as in and by this act is directed in case of the voluntary application and petition of such debtor; and the said Debtor, or debtor, or any other person, who shall refuse or negperson,may lect, when required and summoned to come before ed on oath. the said recorder or commissioner for examination,

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and upon oath or affidavit of the service of the said summons, shall be apprehended by warrant under his hand and seal, directed to the sheriff or other proper officer as aforesaid; and if any such person shall recious, com fuse to be examined, or to answer on oath or affirmation to such questions as shall be put to him or her by the said recorder or commissioner, touching the estate of the said insolvent, or the disposition thereof, such person shall and may be committed until he or she shall submit to be sworn or affirm to answer false or fran as aforesaid; or if any such person shall be guilty or dulent con- suspected to be guilty of any false representation, or punished. any other false or fraudulent conduct in the premises, he or she shall be bound over, prosecuted and punished in the same manner as is herein above providDebtor may ed: Provided always, That if at any time before amicable such assignment or appointment of assignees, the said btor shall make an amicable settlement with such creditor so petitioning, and such creditor shall acknowledge satisfaction of his demand, all proceedings against such debtor shall cease.

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XVII. And be it further enacted, That a majority Majority of assignees of the assignees in any case to be appointed, as in and by this act is directed, shall have power and authority to do all acts and perform all duties required of such assignecs.

paid.

XVIII. And be it further enacted, That all sheriffs and What fees jailer's fees, and other fees, becoming payable prveious to be first to the assignment above mentioned, shall be advanced and paid in the first instance by the party on whose application and at whose request such service shall be performed, such person or persons to be reimbursed, as above provided, out of the estate of such insolvent.

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XIX. And be it further enacted, That the record. A. D. 1811. er or commissioner before whom any such proceeding Fees of reshall be had, shall be entitled to receive the sums fol- cerder or lowing, to wit: on receiving any petition, the sum of er. two dollars; on deciding on the propriety of directing such assignment, the sum of two dollars, to be paid by the person presenting such petition; and for any attendance where his presence shall be required at a meeting of creditors, the sum of two dollars per day, to be first paid out of the insolvent's estate, and one dollar for signing the discharge.

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XX. And be it further enacted, That in case the If recorder, recorder or commissioner to whom a petition may be presented or application made as in this act is before his succes provided, shall at any time die, be absent, removed from office, or unable to attend to the execution of the duties required of him by this act, then and in every such case it shall and may be lawful for any other recorder or commissioner authorised by this act to do and per-' form the duties herein before mentioned, to proceed on such petition or application, and to perform all the duties and things which in such case the said recorder or commissioner to whom such petition was first presented or such application first made, might have done and performed by virtue of this act.

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XX. And be it further enacted, That from and after Certain aets the passing of this act, the act entitled "an act for giv- acts repealing relief in cases of insolvency," passed the 3d day of ed. April, 1801; the first section of an act, entitled, "an act to amend an act entitled "an act for giving relief in cases of insolvency," passed 25th February, 1805; the first, second, third, fourth, fifth, sixth and eighth sections of the act entitled "an act to amend an act entitled "an act for giving relief in cases of insolvency, and to provide for bailing prisoners, and for other purposes," passed the 8th April, 1808; and the act entitled " an act to amend an act entitled "an act for the relief of debtors with respect to the imprisonment of their persons," be and they are hereby repealed: Pro- Except as vided always, That where applications are now pending to applica for the benefit of any of the said acts, the said acts shali pending. be considered as in full force and operation in respect

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A. D. 1811. to such applications, and until a decision shall be had thereon.

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XXII. And be it further enacted, That it shall be Documents the duty of the recorder or commissioner, immediately &c. to be fil-after a final hearing and decision on each and every apCoun. clerk. plication, to cause to be lodged with the clerk of the county in which such hearing shall be had, all the documents exhibited on such hearing, together with a true description of the proceedings; and it shall be the duty of such clerk to file such documents and proceedings in his office, there to remain of record. And it shall also be the duty of such insolvent debtor to procure to be recorded in the office of such clerk, his discharge as aforesaid obtained, which it shall be the duty of such clerk forthwith upon being presented with the same to record at full length in a book to be provided by him and kept for that purpose, and for every such record the said clerk shall be entitled to receive from such debtor fifty cents.

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XXIII. And be it further enacted, That if any perthis act de son who shall be legally sworn or affirmed by virtue of clared per- this act, shall upon such oath or affirmation be guilty of punished as any wilful false swearing, or false affirmation, he or she

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shall be deemed guilty of wilful and corrupt perjury, and shall be prosecuted and punished in the same manner as wilful and corrupt perjury is now or shall be prosecuted and punished by the laws and statutes of this state.

XXIV. And be it further enacted, That the comsioners au- missioners appointed or to be appointed under the act, execute this entitled "an act to appoint a commissioner to perform certain duties of a judge of the supreme court," passed April 10th, 1805, and the act, entitled "an act to ap. point commissioners in the county of Ontario, to per form certain duties of a judge of the supreme court, passed April 2d, 1810, shall be and are hereby respectively authorised and required to execute and perform all and singular the powers and duties authorised and required by this act, within the counties in which they respectively reside.

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XXV. Andbeit further enacted, That it shall and may be lawful for the person administering the government

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