16 June 1836 § 35. P. L. 737.

II. That no purchase or assignment of the real estate of such insolvent, situate in any other county, made bonâ fide, and for a valuable consideration, before the Nor of real estate recording of the assignment to such trustees, in such other county, by or to any person not having actual notice or knowledge of such petition or assignment, shall be invalidated or impeached thereby.

in another county, before recording assignment.

Nor of personal

estate, without notice.

Nor bonâ fide pay

III. That no purchase or assignment of the personal property of such insolvent, made bona fide, and for a valuable consideration, by or to any person not having actual notice or knowledge of such petition or assignment, shall be invalidated or impeached thereby.

IV. That if any person indebted to such insolvent, or having possession of any ment of a debt, &c. of his property, shall bonâ fide pay the said debt, or deliver the said property to the said insolvent, before public notice given by the said trustees, as herein provided, and without having had actual notice or knowledge of such petition or assignment, he shall not be liable to pay or deliver the same to such trustees."

Insolvent to retain property exempt from execution.

Ibid. § 36.

Trustees may recover property

conveyed in fraud of creditors, &c.

Ibid. § 37.

Wife's choses in

V. That every insolvent shall be entitled to retain all such articles as may by law be exempted from levy and sale upon execution.(x)

44. If any insolvent as aforesaid shall, prior to such assignment, have conveyed or transferred any part of his real or personal estate to his wife and children, or either of them, or to any person in trust for them, or either of them, or shall have conveyed or transferred the same to any other person, with intent to defraud his creditors, the trustees aforesaid shall have power to recover and dispose of the same, as fully and effectually, as if the said insolvent had been actually seised or possessed thereof at the time of such assignment.(y)

45. Personal property of the wife of any such insolvent, which shall not have been reduced by him into possession, previously to his assignment as aforesaid, action not to vest shall not be deemed to vest in the said trustees, but the beneficial interest in the same shall remain to such wife; and it shall be lawful for the court, at the time of such assignment, or at any subsequent time, to appoint a suitable person to act in her behalf, as trustee, in whom such property shall vest for her use.

in the trustees.

Ibid. § 38. Nor property exempted from execution.

Ibid. § 39.

On satisfaction of the creditors, property to be

46. Every such debtor shall be entitled, notwithstanding his assignment, in conformity to this act, to retain for the use of himself and his family, all such articles as are or may be by law exempted from levy or sale on any execution, or from distress for rent, and the property in such articles shall not pass to his trustees.(z)

47. If any such debtor shall satisfy the claims of his creditors, (a) the court shall order his estate and effects not sold, to be restored to him, or his legal representatives, and he shall, by virtue of such order, be seised or possessed thereof as of his former estate and title thereto, (b) and if upon the final settlement of restored to debtor. accounts by the trustees, there shall be a surplus, after payment of all the claims presented and allowed, the same shall be paid to such debtor, or his legal representatives.

16 June 1836 § 40. P. L. 738.

After-acquired property to be liable to insolvent's debts.

Ibid. § 41.

Court may decree exemption from

execution for seven

years, on consent of a majority in number and value

of the creditors.

VIII. Of the after-acquired property of an insolvent.

48. The real and personal estate acquired by any debtor, after his discharge, as aforesaid, or in which he shall thereafter become entitled to any interest, legal or equitable (except such as may be by law exempted from execution), shall be subject to his debts, (c) engagements and other liabilities, in like manner, in all respects, as if such discharge had not taken place; and it shall be lawful for any of his creditors to issue and execute any new or other process against such real or personal estate, for the satisfaction of their respective claims, in the same manner as they might have done if such debtor had never been taken in execution.

49. Whenever a majority in number and value of the creditors of any insolvent, as aforesaid, residing within the United States, or having a known attorney therein, shall consent in writing thereto, it shall be lawful for the court by whom such insolvent shall have been discharged, upon the application of such debtor, and notice given thereof, in the manner hereinbefore provided for giving notice of his original petition, to make an order that the estate and effects which such insolvent may afterwards acquire, shall be exempted for the term of seven years thereafter from execution, for any debt contracted, or cause of action existing previously to such discharge; (d) and if after such order and consent, any execution shall be issued for such debt or cause of action, it shall be the duty of any judge of the court from which such execution issued, to set aside the same with costs.(e)

(x) See tit. "Execution."

(y) See Tams v. Bullitt, 35 P. S. 308. (z) See tit. Execution."

(a) After the lapse of fourteen years, the court will presume payment. Ross v. McJunkin, 14 S. & R. 369. Sailor v. Hertzog, 4 Wh. 266. Power v. Hollman, 2 W. 218. Commonwealth v. Lelar, 13 P. S. 22.

(b) See Wiltbank v. Scattergood, 7 W. N. C. 147, as to notice of the application.

(c) Unless barred by the statute of limitations. Gest v. Heiskill, 5 R. 136.

(d) Such order suspends the running of the statute of limitations. Eckstein v. Shoemaker, 3 Wh. 15. Gest v. Heiskill, 5 R. 136. See Bank v. Frederickson, Ing. 276-7. Miller v. Ripka, 4 Phila. 309. (e) See Boyer v. Rees, 4 W. 201.

IX. Of criminal proceedings against insolvents.

50. If it shall appear to the court upon the hearing of any petition in insolvency, 31 March 1860 § 131. either by the examination of the petitioner, or other evidence, that there is just ground to believe either

P. L. 414. Petitioner to be

I. That the insolvency of the petitioner arose from losses by gambling, or by committed. the purchase of lottery tickets; or

If his insolvency arose from gam

II. That such petitioner had embezzled (g) or applied to his own use (h) any bling, &c. money, or other property with which he had been entrusted, either as bailee, or if he has em agent, (i) or depositary, and to the prejudice of the opposing creditors; or

bezzled trust

III. That he has concealed any part of his estate or effects, or colluded or con- moneys. Or concealed any trived with any person for such concealment, or conveyed the same to any person part of his estate. for the use of himself, or any of his family or friends, or with the expectation of receiving any future benefit to himself or them, and with intent to defraud his creditors; (k) in every such case, it shall be the duty of the court to commit such person for trial.

51. If such debtor shall, upon trial, be convicted (1) of any of the acts mentioned in the preceding section, he shall be adjudged guilty of a misdemeanor, and shall be sentenced as follows:

Ibid. § 132.

Punishment.

I. If found guilty of embezzlement or concealment of property, as aforesaid, For embezzlement he shall be sentenced to undergo an imprisonment, by separate or solitary confine- or concealment. ment at labor, not exceeding seven years.

caused by gambling.

Ibid. § 133.

II. If it shall appear, by the verdict of the jury on such trial, that the insol- For insolvency vency of the petitioner was caused by gambling or the purchase of lottery tickets, as aforesaid, he shall be sentenced to an imprisonment not exceeding three years. 52. If no bill shall be presented to the grand jury at the next sessions, or if the bill shall not be found, or if the indictment shall not be tried at the second session after the commitment of such petitioner, unless the postponement of the trial If indictment be take place at the instance of such petitioner, or if, upon trial, such debtor be ac- second term, petiquitted, it shall be the duty of the court of common pleas to discharge him from tioner to be disimprisonment upon his proceeding as is provided by the insolvent laws.

not tried at the

charged

con

53. If any person, with intent to defraud the creditors of an insolvent debtor, Ibid. § 134. or any of them, shall collude or contrive with such insolvent debtor for the con- Punishment for cealment of any part of his estate or effects, or for giving a false color thereto, or colluding with an shall contrive or concert any grant, sale, lease, bond or other instrument or pro- insolvent for co ceeding, either in writing or by parol, or shall become a grantee, purchaser, lessee, effects, &c. obligee or other like party, in any such instrument or proceeding, with the like intent, or shall act as broker, scrivener, agent or witness, in regard to such instrument or proceeding, with the like intent, such person shall be guilty of a misdemeanor, and on conviction thereof, be sentenced to pay a fine not exceeding ten thousand dollars, and to undergo an imprisonment not exceeding two years, and shall forfeit all claim which he may have to any part of the estate of such debtor.

P. L. 740.

debtor.

54. If any such debtor shall be convicted of perjury, in respect to any oath or 16 June 1836 § 46. affirmation taken by virtue of this act, he shall be liable to arrest and committal, on mesne process, and to be charged in execution, in the same manner as if he Punishment of perhad not before been arrested or taken in execution, or as if he had not made jury by insolvent application for the benefit of this act; and moreover, such person shall never afterwards be entitled to his discharge as an insolvent debtor, by virtue of this act. 55. In any case where a petitioner for the benefit of the insolvent laws of this 13 Oct. 1840 § 11. commonwealth, heretofore has been or hereafter may be bound over or committed P. L. 4. for trial by any court of this commonwealth, under the provisions of the 42d and Where insolvent is 33d (43d) sections (m) of the act entitled "An act relating to insolvent debtors," bound over or conor where any such person has been, or shall be tried and convicted of any offence victed, receiver to be appointed. under the provisions of said sections, or of fraudulent insolvency under any other law of this commonwealth, it shall be the duty of the court of the proper county, on the application of any creditor, to appoint a receiver of all the estate which belonged to such insolvent debtor; which said receiver shall be appointed and Powers and duties removed in the same manner, invested with like powers, perform like duties, of receiver. subject to like control of the court, give like security in like form, and generally To give security. do and perform all the duties enjoined by law on the assignees of estates of insolvent debtors, and shall by force and virtue of such appointment become absolutely vested with all the estate, property and effects of such insolvents, as fully as assignees of insolvent debtors are by the laws of this commonwealth, and be able and capable in law to sue and be sued, in like manner, being in all cases styled and named receiver of such estates.

(7) See Er parte Hassinger, 2 Ash. 287. Ex parte Blumer, 86 P. S. 371.

(7) Since the passage of the act of 1836. Ely's Case, 4 Leg. Int. 202.

(i) A tax collector is such agent. Fisher's Case, Com. Pleas. Phila., December 1847. MS.

(k) See Respublica v. Tryer, 3 Y. 451.

(7) If acquitted, he must be discharged by the court. Ex parte Mercer, Com. Pleas, Phila., June 1820. MS. Er parte Auge, Ing. 114. But if convicted and pardoned, he may still be held in custody under the executions. Ex parte Bramson, 1 Ash. 84. (m) Supra 50-51.

X. When relief may be given to persons sentenced by a crim-
inal court.

16 June 1836 § 47. P. L. 740.

When insolvent criminals may be discharged.

24 Jan. 1849 § 6. P. L. 677.

56. The court of common pleas of any county in which any person may be confined by sentence or order of any court of this commonwealth, until he restore any stolen goods or chattels, or pay the value thereof, or in which any person may be confined for non-payment of any fine, or of the costs of prosecution, or upon conviction of fornication or bastardy, and for no other cause, shall have power to discharge such person from such confinement, (n) on his making application and conforming to the provisions hereinbefore directed in the case of insolvent debtors: Provided, That where such person shall have been sentenced to the payment of a fine, or after a conviction of fornication and bastardy, he shall not be entitled to make such application until after he shall have been in actual confinement, in pursuance of such sentence, for a period not less than three months.(0)

57. Any applicant for the benefit of the insolvent laws, who is or may hereafter be in confinement under sentence of any criminal court, and who shall be May give bond in entitled to be released from such confinement, on a compliance with the provisions of existing acts of assembly, shall be released on giving bond,(p) as in civil cases.(q)

certain cases.

16 June 1836 § 48. P. L. 741.

Insolvent not to be

confined more than thirty days for debt not exceeding $15.

6 May 1887. P. L. 86. County commissioners may dis

58. Every person who shall be confined in any jail of this commonwealth, in execution or otherwise, for any debt, sum of money, fine or forfeiture, not exceeding in amount the sum of fifteen dollars, (r) exclusive of costs, and who shall have remained so confined for the space of thirty days, shall be discharged from such confinement, if there be no other cause of confinement, and shall not be liable to imprisonment again for the same cause: Provided, That the estate and effects of such person shall, notwithstanding such discharge, be liable for such debt or other cause of imprisonment, in like manner as before.

59. The commissioners of the several counties of this commonwealth shall be and they are hereby authorized, upon the order of the court of quarter sessions, or, in vacation, of a law judge thereof, in the exercise of its or his discretion, and upon such terms as said court or judge as aforesaid may impose, to discharge charge prisoners. from prison, without the delay and expense of any proceedings under the insolvent laws of this commonwealth, every convict who shall have served out his or her term of imprisonment, or who shall have been committed for non-payment of costs only, notwithstanding if he be a convict, and shall not have paid the costs of prosecution, fine, or made restitution, or paid the value of stolen goods Effect of discharge. or property: Provided, That in the opinion of said commissioners such person is unable to pay or restore the same; and, provided, that such discharge shall not prevent the commonwealth, or any person interested in such payment or restitution, from proceeding by action to recover the same from the property of such person; but no such person shall be so discharged until he or she shall have made, under oath or affirmation, duplicate schedules of all his or her property, real, personal or mixed, so far as he or she can ascertain the same, one of which shall be filed among the papers of the said prison, and the other with the clerk of the court of quarter sessions: Provided further, That nothing in said proceedings shall either add to or take from the liability of said county for costs, under existing laws of this commonwealth. (s)

Costs.

INSPECTION.

See CRIMES.

(n) The county commissioners have no power to discharge from prison a person convicted of a misdemeanor, and sentenced to pay a fine to the commonwealth, on taking security for the fine, although when collected, it would vest in the county. Schwamble v. Sheriff, 22 P. S. 18. But see infra 59. The discharge of a prisoner convicted of fornication and bastardy, does not relieve him from the order of maintenance, as to subsequently accruing instalments; payment thereof may be enforced by attachment. Commonwealth v. Miller, 3 W. N. C. 301. Commonwealth v. Faulkner, Ibid. 540: contrà, Commonwealth v. Cook, 4 Ibid. 333. Commonwealth v. Kyler, 17 Ibid. 123.

(0) A person who is in prison for non-payment of costs, exceeding $15, cannot be discharged under this section, until he has been in actual confinement for three months. Ex parte Woods, 1 Pitts. 17. Ex parte Fox, Ing. 47. Bright. Costs 338-9. And see Commonwealth v. Van Gorder, 10 L. Bar 205. Commonwealth v. Robinson, 3 Pitts. 346. Commonwealth v. Baum, 4 Luz. L. Reg. 285.

(p) After having been in actual confinement for three months. Ex parte Feehan, Bright. 462. Ez

parte Woods, 1 Pitts. 17. If the application be refused, and he surrender himself in discharge of the bond, he is in custody again under the original sentence. Commonwealth v. Keeper, 26 P. S. 279.

(q) This section is an exact transcript of the act 11 April 1848. P. L. 526. It is repealed as to Schuylkill county, by act 22 March 1850. P. L. 231. It was passed to meet the case of Henry v. Commonwealth, 3 W. 384.

(r) One confined for costs on several bills, which in the aggregate exceed $15, may be discharged under this section, provided the amount due on each bill does not exceed that amount. Commonwealth v. Blair, Ing. 47. Bright. Costs 339. And after remaining in confinement thirty days for the fine, he is entitled to be discharged, both as to fine and costs. Commonwealth v. Long, 5 Binn. 489. See Ex parte Fox, Ing. 47. Bright. Costs 388-9.

(s) This section is substantially a re-enactment of the act 13 June 1883, § 1, P. L. 99, which was declared unconstitutional in Casey's Petition, 34 L. I. 384, because it did not apply to Philadelphia. See Commonwealth v. Ross, 7 Lanc. 342.

84. Printed forms to be furnished by inspectors. 85. Compensation of inspector.

86. Notice of withholding or withdrawal of certificate.

87. Violation of act a misdemeanor. 88. Repealing clause.

89. Company liable for damages caused by explosion of boiler.

XV. FIRE AND MARINE INSURANCE. 90. Fire commissioner to calculate the reinsurance reserve for unexpired fire risks. Marine and inland.

91. When impairment of stock, company to be notified to make good their capital. Penalty. Assessments. Value of shares. New stock. Reduction of capital.

119. Letters-patent to life companies.
120. Accident companies.

121. Reciprocity between states.
122. Annual statement.

123. Failure to make annual statement.

124. Proceedings to remove officers or dissolve. 125. Order to show cause why business should not be closed.

126. Court to order an assessment or decree a dissolution.

XX. FOREIGN INSURANCE COMPANIES. 127. Foreigners not to be insurers. Their policies to be void.

128. Indictment of agents.

129. Penalty for citizens affecting insurance with foreign company. Exception as to marine insurance

92. Act of 1 May 1876 not to apply to certain fire in foreign countries. associations.

93. Notice of loss by fire.

XVI. LIFE INSURANCE.

94. Commissioner to calculate the net value of policies. How reserve to be computed. Net value. 95. Proceedings when a life-insurance company falls below the standard.

96. When commissioner to accept valuations of commissioners of other states. Foreign companies to furnish certificates. Penalty.

97. Affairs of companies notified to cease business to be examined.

98. Valuation of policies of companies doing business in other states.

99. Policies to be valued on the net premium basis according to the actuaries or combined experienced table of mortality, with four per cent interest. 100. Discrimination between policy holders for

bidden.

101. Violation a misdemeanor.

XVII. INSURANCE AGAINST LIGHTNING OR

STORMS.

130. Foreign company not to transact business in this state without a paid-in capital of two hundred thousand dollars.

131. Certificates by insurance commissioner. 132. No person to act as agent of foreign companies until act be complied with. Reports. Tax.

133. Names of agents to be certified. Certificates. 134. Penalty for acting as agent for foreign company without authority.

135. Personal liability of agent.

136. Foreign companies to be licensed. Resident agent to be designated, or insurance commissioner to be deemed his attorney. Annual statement. Interrog atories. Revocation of license. Doubt as to solvency. Prohibition of business. Penalty. Exception as to fraternal societies.

137. Penalty for doing business without authority. 138. Transacting business for or with company not authorized.

139. Special license to procure insurance from unauthorized companies.

140. Duty of such licensee. Fees. license.

Extent of

141. Collection of fines and penalties.
142. When the act of 4 April 1873 to apply to

102. Fire and marine companies may insure against foreign companies. lightning or storms.

XVIII. LIVE-STOCK INSURANCE.

103. Powers of live-stock insurance companies..

XIX. MUTUAL INSURANCE.

XXI. INSURANCE BY OTHERS THAN

CORPORATIONS.

143. Policies by others than corporations prohibited. 144. Punishment.

104. Fifty per cent of guaranty-capital to be paid XXII. SERVICE OF PROCESS ON INSURANCE,

in and invested.

105. Subscription to guaranty-fund. Assessments. 106. Payment of interest. Retirement of guarantyfund.

107. Accumulation of reserve fund by existing mutual companies.

108. Creation of capital stock by existing mutual companies.

109. Certificates of assessments to be evidence. Exceptions.

110. Act not to apply to certain beneficial associations.

111. All policies to be supported by an insurable interest.

112. Guaranty-fund.

113. Annual statements.

114. Failure to make annual statement.

115. Act to apply to all assessment companies.

116. Organization of life insurance assessment companies.

117. License fees of agents.

COMPANIES.

145. Service on domestic companies.
146. Fees of officers.

147. Service on foreign companies.

XXIII. ANNUAL STATEMENT. 148. Publication of annual statement. 149. Annual statement to commissioner. 150. Business to stop on neglect.

151. Foreign company not required to report foreign business.

XXIV. TAXATION OF INSURANCE
COMPANIES.

152. Not subject to local taxation.

XXV. INSURANCE ON STATE NORMAL
SCHOOLS.

153. Insurance moneys to be held in trust for

118. Life and accident insurance companies on the repairing and rebuilding. assessment plan.

1. There is hereby established a distinct department, to be known as the insurance department, which shall be charged with the execution of the laws of this state in relation to insurance.

2. The chief officer of said department shall be denominated the insurance commissioner of Pennsylvania; he shall be appointed by the governor, with the advice and consent of the senate, within thirty days after the passage of this act, for the term of three years, and until his successor is duly qualified, and shall receive the annual salary of three thousand dollars: Provided, That the person first appointed