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receipt shall be a full and effectual discharge to such assignee for so much as he shall fairly pay, pursuant to such order as aforesaid.
30. SECT. XXX. Within ei yhteen months, next after the issuing of the commission, the assi:nce or assignees shall make a second dividend of the bankrupe'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 con missioners intend to meet, to make a second distribution of the bankrupt's estate and efects, and for the creditors who shall nct before have proved their debts, to come in and prove the same; and at such meeting, the said assignees shall produce, on oath or solemn aflirmation as aforesaid, thoir 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 forinwith divided amongst such of the bankrupt's creditors as shall have made due proof of their debts, in proportion to their suveral and respective debts ; which second dividend shall be final, unless any suit at law, or equity, be depending, or ant part of the estate sianding ont, ihat could not have been disposed of, or that the major part of the creditors shall not have agreed to be soli or disposeil of, or unless some other or future estate or effects of Le bankrupt shall afterwards come to, or rest in the said assignees, ia lich cases the sail 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 amon, such bankrupt's creditors as shall have made due proof of their debt under such commission.
51. SECT. XXXI. In the distribution of the bankrupt's effects there s'ali be paid to every of the creditors a portion-rate, according to the amount of their respective debts, so that every creditor having security for his debt, by judgment, statute, rccognizance, or speciaity, or having an attachment under any of the laws of the individual states, or of the united states, on the estate of such bankrupt, (Provided there be no exccution executed upon any of the real or personal estate of such bankrupt, before the time he or she became bankrupts) shall not be relieved upon any such judgment, statutc, recognizance, specialty, or aitachment, for more than a rateable part of liis debt, with the other creditors of the bankrupt.
52. Sect. XXXII. The assignees shall keep one or more distinêt book, or books of account, wherein he or they shali duly enter all sums of money or effects, which he or they shall have receivel, or got into his or their possession, of the said bankrupt's estate, to which books of account, every creditor who shall have proved his or her debt, shall, at all reasonable times, have free resort, and inspect the same as often as he or she shall think fit.
33. Sect. XXXIII. Every bankrupt, not being in prison or cusiody, shall, at all times after }iis surrender, be bound to attend tie assignees, upon every reasonable notice, in writing, for that purpose, given or left at the usual place of his or her alode, in order to assist in making out the accounts of ine said bankrupi's estate and effects, and to attend
any court of recorı, to be examined touching the same, or such other business, as the said assignees shall judge necessary, for which he shall receive three dollars per day.
34. Sect. XXXIV. All and every person and persons who shall become bankrupt as aforesail, and who shall, within the time limited by this act, surrender him or herself to the commissioners, and in all things conform as in and by this act is directed, shall be allowed five per cent. upon the neit produce of all the estate that shall be recovered in and received, which shall be paid unto him or her by the assignee or assignces, in case the nett produce of such estate, after such allowance made, shall be suficient 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 ; and in case the nett produce of the said estate shall, over and above the allowance hereafter mentioned, be suficient to pay the said creditors seventy-tive per cent. on the amount of their said siebts, respectively, that then the said bankrupt shall be ailowed 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, cxceed the suin of eight hundred dollars ; and every such bankrupt 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 impicaded, for or on account of any of the said debts, such bankrupt may appcar without bail, and may plcad the general issue, and give this act, and the special matter in evidence : And the certificate of such bankrupt's conforming, and the allowance thercos, according to the directions of this act, shall be, and shall be allowed 10 be suficient evidence, prima facie, of the the party's being a bankrupt within the meaning of this act, and of the commission and other proceedings precedent to the obtaining such certiicate, and a verdict shall thereupon pass for the defendant, uniess the plaintiff in such action can prove the said curtificate was obtained unfairiy, and by fraud, or unless he can make appear any concealment of estate oretrects, by such bankrupt to the value of one lundred dollars : Provided, That 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 becaine bankrupt, or who was then jointly held or bou:d with such bankrupt fur the same debt or debts fram which such bankrupt was discharged as aforesaid.
35. Sect. XXXV. Provided always, That is the nettproceeds ofthe bank rupt's estatus so to be discovered, recovered and received, shall not amount to so much as will pay alland every of the creditors of the said bani rupt, who shall have proved their debts under the sudcommission, the amount of fiftv per ceni. on their debis respectively, after all charges first deducto. that then, and in such case, the bankrupt shall not be allowed five per centum on such estate as shall be recovered in, lut shall have and be paid by the assignees so much money as the conmissioners shail think fit to allow, not more than three hundred doilars, nor exceeding three per centum on the nett proceeds of the said bunkrupt's estate.
36. Szct. XXXVI. Provided also, That no person becoming a bankrupt according to the intent and provisionsofthisatt, shall be entitled to a certificate of discharge, or to any of the benefits ofthe act, unless the commissioneis shall certify under their hands, to the judge of the district within which such commission issues, that such bankrupt 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 aci, 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 iffects; or unless the said judge should be of opinion that the said certificate was unreasonably denied by the commissioners; and unless two thirds, in pumber 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 ihe said commissioners shall not certify the same till they have proof by afidavit or affirmation, in writing, of such creditors, or of the persons Trspectively authorized for that purpose, signing the said certihcate ; which affidavit or affirmation, together with the letter or power of attorDey 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 allowed unless the bankrupa make oath or affirmation in writing, that the certificate of the commissioners, and consent of the creditors thereunto, were obtained fairly and witholit fraud ; and any of the creditors of the said bankrupt are allowed to be heard, if they shall think fit, before the respective persons aforesaid, against the making or allowing of such certificates by the commissioners or judge.
37. SECT. XXXVII. If any creditor, or pretended creditor of any bankrupt, stail exhibit to the commissioners any fictitious or false debt, er demand, with intent to defraud the real creditors of such bankrupt, and the bankrupt shall refuse to make discovery thereof, and suffer the fair creditors to be imposed upon, he shall lose all title to the allowance upon the amount ofhis cflects and to a certificate of discharge as aforesaid, fior shall he beentitled to the said allowance or curtificate, if he has lost, ut any che time fifty dollars, or in the whole three hundred dollars, after the passing of this act, and within twelve months before he became a bankrupt, by any manner of gaming or wagering whatever.
38. SECT. XXXVII. If any bankrupt, who shall have oltained his certificate, shall be taken in execution or detained in prison, on account of any debts owing before he became a bankrupt, by reason that judgment was obtained before such certificate was allowed, it shall be la ful for any of the judges of the court wherein judgment was so obtaimed, or for any couit, judge, or justice, wit.in ihe district in which such bankrupt shall be cetained, having powers to award or allow the Hirit of habeas corpus on such bankrupi 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 see or charge, first giving reasonable notice to the plaintiff, or his attorney, of the inotion for such discharge.
39. SECT. XXXIX. Every person who shall have bona fide given credit 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 admitied to prove their debts and contracts, as if they were payable prezently, and shall have a dividend in proportion to the other creditors, discounting, where no interest is pay. abie, at the rate of so much per centum per annum, as is equal to the jawfui intcrest of the state where the debt was payable; and the obligee of any bottomry or respondentia bond, and the assured in any policy of insurance, shall be admitted to clain, 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 sucii 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.
40. Sect. XL. In case any person, committed by the commissioner's warrant, shell obtain a habeas corpus, in order to be uischarged, and there shall appear any insufficiency in the form of the warrant, it shall be lawsul for the court or judge before wliom su h party shall be brought by. habeas corjus, by rule or warrani, to commit sich persons to the same prison, there to romain 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 cuse 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 commitment ; and in case the guoler to when sucis person shall be committed, shall wilfully or negligiatły sufier such person to escape, or to go without the doors or wills of the prison, such gaoler shall, for such offence, being convicted thereof, icrfeit a sum not exceeding three thousand dollars for thie ise of the creditors.
41. SECT. XLI. The gaoler shall, upon the request of any creditor, having proved his debt, and shewing a certiicate thereof, under the hands oi tie commissioners, which the commissioners shall give without fee or reward, produice the person so committed ; and in case such gaoler shall refuse to shew such person to such creditor, requesting the same, such person shall be considered as having escaped, and the gaoler or sherifi so refusing, shall be liable as for a wilial escape.
42. Secr. XLII. Where it shall appear to the said commissioners that there hath been muiual credit given by the bankrupt, and any other person, or muud aebts between them at any time before such person became bunkrupil, the assignee or assigaces of the estate shall state the account belnelis ihem, and one debt may be set oï' against the other, and what shall appear to be due on citliur side on the balance of such account after S!Kuset oil, and no more, shall be claimed or paid on cither side respectively.
43. Sicr. XLIII. It shall and may be lawful to and for the assignee or assigunts of any bankrupt's cstaie wnd effecis, under the direction of
the commissioners, and by and with the consent of the major part in value of such of the said bankrupt's creditors, as shall have duly proved their debts under the commission, and shall be present at any meeting of the said creditors, to be held in pursuance of due and public notice for that purpose given, to submit any difference or dispute for, on account of, or by reason or means of, any matter, causc or thing whatscever, relating to such bankrupt, or to his or her estatc or effects, to the final end and determination of arbitrators to be chosen by the said commiscioners, and the major part in value of such creditors as shall be present at such meeting asaforesaid, and the party or parties with whom they s'all huve such difference or (lispute, and to perform the award of such a bitrators, or otherwise to compound and agree the matter in difference and dispute as aforesaid, in such manner as the said assignee 0; assicness under the direction and with the consent aforesaid, shall think it and can agree ; and the same shall be binding on the several creditors of the said bankrupt, and the said assignee or assignces are hereuşindennified for what they shall fairly do according to the directicas aforesaid.
4. SECT. XLIV. The assignees shall be, and hereby are vested with full power to dispose of all the bankrupt's estate, real and personal, at public auction or vendue, without being subject to any tax, duty, imposition, or restriction, any law to the contrary notwithstanding.
45. SECT. XLV. If after any commission of bankruptcy, sued forth, the bankrupt happen to die before the commissioners shall have distributed the effects, or any part thereof, the commissioners shall, nevertheless, proceed to execute the commission, as fully as they might have done if the party were living.
46. Sect. XLVI. Where any commission of bankruptcy shall be delivered to the commissioners, therein named, to be executed, it shall and may be lawful for them before they take the oath or aflirmation of qualiñcation, to demand and take from the creditor or creditors prosecuring such commission, a bond with one good security, if required, in the penalty of one thousand dollars, conditioned for the payment of the costs, charges, and expenses, which shall arise and accrue upon the prosecution of the said commission : Provided always, that the expenses, so as aforesaid to be secured and paid by the petitioning creditor or creditors, shall be repaid to him or them by the commissioners or assignees, out of the first monics arising from the bankrupt's estate or effects, if so much be received therefrom.
47. Sect. XLVII. The district judges, in each district respeclively, shall fix a rate of allowance to be made to the commissioners of bankruptcy, as compensation of services to be rendered under the commission, and it shall be lawful for any creditor, by petition to the district judge, to except to any charge contained in the account of the commissioners : And the said judge, af er hearing the commissioners, may in a summary way decide upon the validity of such exception. (See antea 2, and Judiciary 90.]