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In its judgement, fulfillment of the order would involve violation of the copyright law. Author: New York (State). Laws, statutes, etc. Title: New insolvent law Place: [Albany?] Date: [1811] MASTER NEGATIVE * COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED - EXISTING BIBLIOGRAPHIC RECORD « 229 N48 New York (State) La^s, statutes, etc. Now insolvent law; an act for the relief of insolvent debtors and their creditors. Passed April 3a, 1811, {Albany? J J, Frary tlQUj 16, (4] p. o RESTRICTIONS ON USE: TECHNICAL MICROFORM DATA RLM SIZE: '?5'mm REDUCTION RATIO: Q". I IMAGE PLACEMENT: lA (jlA^ IB IIB DATE RLMED: S~9~^il TRACKING # : INITIALS: MSN dofts-n FILMED BY PRESERVATION RESOURCES, BETHLEHEM. PA. BIBLIOGRAPHIC IRREGULARITIES MAIN ENTRY: New York (State) Laws, statutes, etc New insolvent law Bibliographic Irregularities in the Original Document: List all volumes and pages affected; include name of institution if filming borrowed text. ,Page(s) missing/not available: ,Volume(s) missing/not available:. Illegible and/or damaged page(s):_ ,Page(s) or volume(s) misnumbered Bound out of sequence: Page(s) or volume(s) fl from copy borrowed from X ^Other : Pace 5 - page number printed upside down TRACKINGS: MSH00850 '^A 3 3 cr a -.m 3 X o ^ '^£ N CO I— »__! en CT>X OOM o %/ CJl 3 > Q) o o m (DO 0(/) :::d X N X M c^J^. ^% ^, .*^i '^ ^J^ -\^^ '3^. Ui o 3 3 V <^ <^ <^" ^v o o 3 3 V f.^ ^o ^^ O r«i5i;Eij|!|r 00 o 00 b to In 1.0 mm 1.5 mm 2.0 mm ABCOEFGHIJKLMNOPQRSTUVWXYZ abcde o o ■0 30 "0 ^ > c Ci> ■0 z 3D ■0 ^% o 00 o 0) ^ ^ m ^ > 3D O m 2.5 mm ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 1234567890 '/M^ ,^v ^CP ^fp « en 3 3 A6 3 3 &2 or Him FGH jkIm 3l IJKLMN nopqrst IJKLMN nopqrst < O OPQR uvwxy ?i<5 r^c N (/) **< cnx ^-< oo^^l 8 oi< a>x ^-< OOM vo o V 4^*^^^. ¥ ► f -.' THE LIBRARIES SCHOOL OF BUSINESS 'iii 11' *i ' r>: Jj H ■'-i. IP? I'll?- NEW INSOLVENT LAW, m \ i. An ACT J FOR THE MELIEF OF INSOLVENT DEBTdRS ' .* AND THEIR •..* •• * ;. ,' •,• • t • >!• • » • • • • • ; *' •- *• • '•' *• ' *•' i^^ASSED APRIL 3d, ISU. I • . • t • • • I ^ J^UBLISHED AND SOLD, A* By j. FRARY, ^T TJTE BALAMVE PRI^rrmG^OFFlCE, No. 80, State-Stheet. JHLl_ ■I 1 M4i%:'*i.i ITII |-T»i»i«1Ma |Jr • • • • • • , • • • • • • • • » 1 1 I • • • • • • • « • • • • 'M 1 f t Ililllliiii-iii a Mliii Mi!! ' l ' i "» iiiiiiiiii i i i|| i|iiiii ii l i p ii g i.ii An ACT for the Benefit of Insolvent Debt- ors and their Creditors. Passed April 3d, 1811. ^[ I, 13 E it enacted by the People of the State of New- Tork^ fj represented in Senate a?id Assembly, That it shall be lawful for any insolvent debtor, who now is or hereafter shall be imprisoned on any civil process issuing out of any court within and under the authority of this state, or who now is or hereafter may be prosecuted in any such court for debt, Q or on contract express or implied, to present a petition to ^ the recorder of the city of New- York , or of the city of Hudson, or of the city of Albany, or to any one of the commissioners *:!• herein after specified, praying that the estate of such person 22 so petitioning may be assigned, and he or she be dischar- t^ ged according to this act ; and that every person so peti- ^ tioning shall at the time of presenting such petition, cause ?5 to be delivered to the said recorder or commissioner, a true •^ account of the suit or suits in v/hich he shall be then im. prisoned and impleaded, the names of the several plaintiffs \ in such suits, and their place or places of residence respect- po ively , designating, as near as may b^ the nature of such suits ":: and the amount, due in eaoh^ pinci.dso a full, just and true account or list of all liis pr hero creditors, and of the monies due or to bec6n\e 'dii^e , aid: i)\ving tQ them respectively by such petitioner; and* also an inventory and account of all the estate, both rekt and pfeVsortaU of such petitioner, and of all books, voucher^ and Securities relating to the same ; and the said recorder or commissioner shall thereupon ad- minister 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 true account of all my creditors, and of all the monies owing by me to them re- spectively, according to the best of my knowledge and re- estate, real IndTrZVZn'-''?''''^ °'" ''"'^°""' °f ^» ^y indi;ectly sdd easeT or ;h'"'' • ''"'i- '^"^^ "°^ ''''•^^'Jy o^ over intrust for mSff ° ''^™■s^d>sposed of, or made in the sanJalrnfo^lTe^to^T^V;:^^^^^^^ nor have I Ice I v-^- '" ■°'■^'=^'° defraud my creditors; the suit:m:Sdl^ry':crut Zj?^''^^ '" -'her of thing to any of my cSrs in n '"'^ ""^ '"°"'^>' "•■ o'^^"- creditors- nor blvoJ.- i P''^;"'^"*^'^ to others of mv as aforesa d, eTther SiJecdro -'h' '"T'^^''^'^ °' i-^l-soncd tor in Dreferenrf . ""^^"-^ o indirectly, secured anv credi- insolvent debtors and fc.r c edhors^ VVhTh'^' ^^f- ''^ or creditors nf'-'?"'"^','"''"'^ °" '^" P'««ecuting creditor ^vljom the applicatip'n shall bT m X'^ha^l^drt-'S'X of hTs s^i -T'^"' '" *''" ne^vspaper published by the prh er York . ^ ' '^ '" ''' "<^*^sp^5ec.|,inted.ia the citv of New •u,nlt\r '",' "^rP''P^"''f*"*'^'fi"^^'^^> i'^^''^''^<>"'"y where such application shall be made,; a«d.ifr^ newspaper b frimel nnhr^ /r^ "^*''"' county^, ajid jV k.id-natice s If b^ LSin''reT • "r ^ ^-.^?-^Vyei,^;:*.hich said „S or nonces slidU lequire him or tfiem (o appear bii such A^v ■„, i at such place as shall be appointed bv Tic! recoSe or Ion missioner. or any other subsec,i,ent day that the s'id recor" der or commissioner may deeni proper to ipoint .Kt lei; than sixty days from the time of serving- or pul 1 1^ "^ such no Er med "ai;^y T "'^ S^-''">'^'- ^^"'"^ P«'-io.S ou^lit ouo oe granted , and if no sufficient cause shall appear and the s ,irl recorder or commissioner shall be satislied'^L the pedd<,ne? -bath conformed to the matters required of him by this a^^ aiS 1' 4|i that there is no collusion between the said debtor and the prosecuting creditor or creditors, he shall direct a -rSt or ^..ssignment of all such petitioner's estate, both in law and in equity, in possession, reversion or remainder to three dl creet and sufficient persons, being cred tors ;f saidTnir vent, to be named by the said reLder o commissioned excepting such articles of wearinj? apparel and bedd^fi' and such tools of trade as, in thihl» ll ' f i| live to the estate, debts and credits of the said petitioner ; and for that purpose such recorder or commissioner is here- by required to 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 sum* mons, then it shall be lawful for the said recorder or com- missioner to issue his warrant, under his hand and seal, com- mar.diiig 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 lime and place as shall in such war- rant be mentioned, to answer such questions as shall be ask- ed of him, her or them, touching the estate of the petition- and if such person or persons, being served with such er summons or warrant, shall duly appear and refuse to answer upon oath all questions touching the matter aforesaid, then it shall be lawful for such recorder or commissioner, by war. rant under his hand and seal, to commit such person or per* sons to prison, there to remain till he or she submit to an* swer as aforesaid ; and in every such warrant shall be speci* fied not only the cause of commitment, but also the terms of discharge therefrom. IV. And be it further enacted^ That upon such petitioner producing a certificate under the hands and seals of the as- signees, or any two of them, executed in the presence of two witnesses, that such petitioner hath granted, conveyed, as- signed a: J delivered, tor the use of his or her present credi- tors, 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 possession, reversion or remainder, except as aforesaid, and all the books, vouchers and securi- ties relating to the same, the recorder or commissioner be- fore whom such petiiion shall be depending, shall give a discharge under his hatid and seal to such petitioner, which discharge, or the transcript cf the record thereof, certified under the hand of the clerk of the county, in whose office such discharge shall be filed, and the seal of the court of said county, shall be a sufficient 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 iacts 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 be- fore that time, though payable afterwards ; and if sued, pros- ecuted, impleaded, arrested or imprisoned, may plead the general issue, and give the special matter in evidence upon and under a notice given with said plea, in which notice he $hall be required to state, that he has been discharged under this act, the recorder or commissioner who signed the dis- charge, of the city or county in which said discharge was ob- tamed, and the date thereof. V, And be it further enacted, That in case anv such peti- tioner shall dispose of or convey his or her estate or effects m trust or otherwise, with intent to defraud his or her credi- tors, 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 qreditor, or shall with like m tent procure any person to appear to be named as creditor for any sum not bona fide due, or for anv larger sum than is really and bona fide due, then and in every such case the discharge of the said insolvent under this act shall I>- abso lutely void, and the said insolvent shall be deemed -uikv of a public offence ; and further, that in all such cases aforesaid or in any other case wherein any fraud shall appear, or wherl ever the said recorder or commissioner before whom such prcxieedings are had shaU have good cause to suspect that the said insolvent, m any of the said proceedings, hath been guilty of any fraudulent concealment, or other false or frau clulent conduct, with intent to defraud his jast creditors, the said recorder or commissioner shall have powder, and herebv is required to bind him oi' her in a recognisance, in such penal sum, and with such sureties, as the said recorder or commissioner shall deem proper, to appear at the then next court of oyer and terminer and gaol delivery, or general ses- alTn .?II '?if P"'"^"' ^^T '^ '"'^'^' '^ '^'^ P^^P^^ ^^ ^hi^ state, o commit such petitioner to the gaol of the countv wherein tne said application may be made, and on convictiorr th^ » .^i kililL... Mnit ,u It 8 ■ court may sentence the offender to be confined in the state prison, to hard labor or solitude, for any term of time not exceeding four years ; and every person so convicted shall be deemed infamous, and forever thereafter be rendered inca- pable of holding any office ofprofit, honor or trust within this state, and shall not thereafter be sworn as a witness touching any matter or thing, or be entitled to maintain any action foV any debt, promise or contract, in any court within this state. VI. J?7dl?e it further enacted, That if it shall appear to the satisfaction of the said recorder or commissioner to whom any such petition is presented, by the oath of one or more credible witness or witnesses, that any person has accepted of such trust or trusts, or the possession of any estate of said petitioner, with intent to cover and convert the same for the purpose of defrauding the creditors of such insolvent, or if it shall appear in manner aforesaid that any person has knowingly aided and abetted the said petitioner in any attempt to defraud his or her creditors, then and in such case it shall be the duty of said record- er or commissioner to issue his warrant, under his hand and seal, to any proper officer, and to cause such person to be brought before him on such warrant for examination, touching the charge or charges contained in such oath or affirmation ; and if the said recorder or commissioner, upon such examination, shall be satisfied that such person is guil- ty, then it shall be his duty, and he is hereby required to bind him or her in a recognizance in such penal sum and with sureties as he may deem proper, to appear at the next court of oyer and terminer and gaol delivery or gene- ral sessions of the peace, there to answer to the people of this state as in all other criminal cases; and for want of such sureties to commit such person to the gaol of the county wherein the said application shall be made, and on conviction the court may sentence the offender to pay such fine as they shall deem proper, not exceeding one thou- sand dollars, and also to such imprisonment in the gaol of said county where the offender shall be convicted, in such manner and for such term of time as they mav deem proper, not exceeding twelve calender months, and in' default of pay- ment of such fine the offender to stand committed to i^uch gaol until such fine be paid, or until discharged by order of such court. Vn. And be it farther enacted, That any person or per- sons w^ho, at any time before or after the passing of this act, shall have accepted, or accept of any trust or trusts for any insolvent, or shall have in his, her or their possession, any estate real or personal, of any insolvent, and shall not forth- with after notice of such assignment, fully discover and dis- close such trust and estate to the said assignees, shall forfeit the sum of one hundred dollars, and double the value of the estate so conveyed in trust or concealed, to be recovered with cost, by action, in any court of record having cogni- zance thereof, in the name or names of the said assii^nees, for the use and benefit of the creditors of such insolvent. And in case such assignees shall neglect and refuse to pro- sccute for such penalty or penalties, then any creditor of the said insolvent may, at his own risque and expense, sue for and recover the same for his own benefit ;. and the creditor, who upon the neglect and refusal of the assignees as afore- said shall first sue for the same, shall be entitled to the said penalty or penalties. VIII. And be it further enacted, That all persons who have given credit to such insolvent on a valuable considera- tion, for any sum of money, or other matter, promise, con- tract or thing, which is or shall not be due or payable, or lia- ble to be performed at or before the time of presenting the petition, shall and may be admitted and considered as credi- tors whose debts are then due, and shall receive a dividend of such insolvent's estate in the same proportion as the other credito s, deducting thereout only a rebate of interest at the rate of seven per cent, per annum for what shall be received on such debts, (unless such debts shall be payable with in- terest) to be computed from the actual payment thereof to the time when they would have become due. IX. And be it further enacted^ That when it shall appear to the assignees that there hath been a mutual credit given by the insolvent debtor and any other person, or that mutual debts were subsisting between them before such petition was presented, the assignees shall state the account between them, and one debt may be set off against the other, and the balance due on either side after such set off,^andno more shall be claimed or paid. X. And be it further enacted, That such assignees shall have power and authority to dispose of all the real and per- sonal estate of such debtor or debtors, which shall by vir- tue of this act be assigned to them, and to convert the san\e into money, to execute good and sufficient deeds or conyey- i h ii^"^ Imiii hi iii 10 anccs for such real estate, to redeem all mortgages and con- ditional contracts, and satisfy all judgments, and to recover in their names all such real and personal estate of such insol- vent, and all deeds and books of account, and papers respect- ing the same, and shall have full power and authority to re- icr to arbitration, settle or compound, or agree with any per- son indebted to the insolvent in such manner as shall from time to time appear to such assignees most advantageous to the creditors of such insolvent ; and if on settling the estate, a surplus should remain in their possession after discharrine ♦he debts, the same shall be paid to the said debtor, his or iicr legal representative or representatives. XI. ^nrf ie it fur t Act enacted. That the said assignees shall before they enter upon the execution of the trust hereby reposed in them, take an oath honestly and truly, to the best of their ability, to observe and perform the dli! ties enjoined upon them by this act. f J"-.u"^"/ ^' " Z"'"'^^'' """'^'"^^ Tf'at the assignees shall forthwith after such assignment, cause due and sufficient notice thereof to be given, and shall in such notice require all the creditors of said insolvent to appear by themselves or agent at a time and place therein to be specified, to prove their debts ; and any creditor shall, if required, be allow- ^A^ZT ^'v ''f '',' ^^ °'''^ °'' ^ffi'-mation, taken before and duly certified by any judge of the supreme court or court ot common pleas, or commissioner for taking affida- vits to be read m the supreme court, or mayor or recorder of any city ; and if residing out of the state, any iud li any such creditor or creditors shall refuse to nominate re- ferees on his or her or their part, the assignees are hereby empowered to iu)minate for such creditor or creditors. XIII. Atid be it further enacted^ That the assignees shall at some time within six months from the time of their ap- pointment, give public notice of the time and place at which they intend to meet, to make a dividend of the estate of the insolvent, the said time to l>e within the six months aforesaid, of which time and place the recorder or commis- sioner by whom such appointment was made, shall also have notice, and it shall be his duty then to attend ; and the as- signees shall exhibit their accounts of the receipts and dis- bursements, and lor their time and service ; and the said assignees shall, if required by any creditor, be examined on oath touching the truth of such their accounts and charges ; and the said recorder or commissioner shall audit the same, and certify the sum to be allowed to the said assignees ; and at such meeting, the creditors who shall not before have proved their debts, shall be allowed to prove the same ; and that all costs of suit, prison fees and charges of pro- ceedings under this act, to obtain the discharge of the in- solvent, shall be first paid, and then deducting all such costs and charges and expenses as shall have be^n necessarily in- curred, laid out and expended by the said assignees;* to- gether with such sum as shall be allowed for their time, trouble and services therein, and the residue shall be divid* ed among the creditors in proportion to their respective debts, in which division no preference shall bje given tq debts due by specialty or otherwise. XIV. And be it further enacted. That within twelve months next after the making of the dividend aforesaid, the said assignees shall make a second dividend pf the estate of the si^id iixsolvent, in case the same shall not have been wholly divided on the first dividend, and shall cause like notice to be given, ard for the creditors who may not have proved their debts to proye the same ; and the assignee^ shall as before exhibit their accounts, and if in adjusting^ the same, any difierence should arise between the said as-. §ignees and the creditors, the said reporder or commissioner is hereby required to attend and to adjust the same, and the nett proceeds shall be then divided among the creditors who shall have proved their debts, allowing to those whose debts had not been proved on the former dividend, their just pro- portion thereof; which second dividend shall be final, un- less any suit at law or in equity be depending, or any part, s m^^ ■MHUPMI 12 of the estate standing out, that could not liave been dispo- sed of; or unless some other estate or effects of the insol- vent shall afterwards vest in the said assignees ; in which cases the assignees shall as soop as may be convenient, con- vert such future and other estate into money, and shall within two months thereafter, divide the same among such creditors as shall have proved their debts. XV. Jnci be it further enact d, That the assignees shall be under the direction and controul of the recorder or com- missioner, which recorder or commissioner, 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 assignees, or either of them, have accepted of their said trust, and shall neglect or refuse to exhibit their accounts, or to perform their said tnist as herein is before required aixi directed, the said recorder or commissioner shall have power, and are hereby required to issue an attachment against him or them, to compel him or them to exhibit the said accounts, and to i">erform their said trusts as aforesaid. XVI. And be h fur titer enacted. That if any person who now is or hereafter may be committed to prison on execu- tioHj^^pr against t'hose goods and chattels, lands and tene- ments, execution shall be issued, and be returned unsatis- iied, 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 execu- tion issued, being a creditor to the amount of one hundred dollars, to prefer a petition to such recorder or^commission. cr praying that such debtor may be compelled to make a discovery and assignment of all his property for the benefit of his creditors ; whereupon the said recorder or commis- sioner if it shall be made to appear by aftidavit to his satis- faction, 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 credi- tor or creditors, and hath so remained for the space of sixty days, shall notify and require such debtor to shew cause, before the said recorder or commissioner, at a certain day to be appointed bv the said recorder or commissioner, why the estate of such* debtor should not be assigned for the ben- efit of his creditors ; and every sale, gift, bargain or con- tract made by such debtor, except such as shall be made to or with the prosecuting creditor ol said debtor, in the •^ 13 manner and fjr the purpose declared in the proviso to this section ; and payments made to such debtor after such no- lice, and previous to his discharge, shall be void; and the said recoider or commissioner shall, by warrant under his hand and seal, direct the sheriff or keeper of the raol of the county m ^;hich such debtor may be, to brin^ such debtor before him the said recorder or commissioner, at the said day, and at some convenient place in the said war- rant to be specified; and if it shall appear to the said record- er or commissioner that the said imprisoned debtor is justlv indebted as aforesaid, and thit Jie is insolvent, or that he doth w-ilfully withhold the payment of his just debts, then the said recorder or commissioner shall direct the said debt- or to exhibit and deliver at a day and place therefor to be named such inventory, and under such oath as is required I !i ^''?^ f''''}'^'' ^f this act, at which day the said debtor shall again be brought up in manner aforesaid ; and if he shall then,orat suchfurtherdayas the said recorder or commission- ershall see proper to appoint,conform to the requisitions of this Hi ' ?.?! T]% r^^^5J^\".?^ ^J^^ll be had as is herein before directed - but if the said debtor shall neglect or refuse to ex- hibit such inventory or account, and to make such assign- ment, 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, as It he had made such assignment, and may lawfully seize his money books papers and effects wheresoever to be ound ; and the said recorder or commissioner shall have th^!'T/KT' ^"i^ authority to examine and interrogate the said debtor, and any other person or persons, on t^th, proce J. ''Ti "^ f"'^^ ^'>^ ' ^"^ ^h^" i" -li things del rnV "PP^^^^^^^^^"d petition of such debtQr ; and the said ^J^^'J'-"'!'''^''' P^''^"' '^^^^ shall refuse or neglect, corder 0^''"^ '"'^. ^""^^"'^ '^ ^^"^^ ^^^'^ the said re- SvirnfT'''''^^"''r^;^^^^^ ^"^ upon oath or ttr^Z "-^'"^'^^f the said summons, shai be appre- herlft n ^ r''"' ""^^*^^^ ^^""^ ^"^ ^^^^ ^i'-ected to^thc nerso! T^'" T^^' "'^^^^ ^^ ^^resaid ; and if any such person shall refuse to be examined, or to answer on oath bv the™' J""" '"^ ?'^ ^"^'^^^"' "^ ^^"^^ ^^ P"t to him or her 5tl. f '^''T'^^' or commissioner, touching the estate t^l^iT^"'\ ^' '^'^ disposition thereof, such per- son shall and may be commuted until he or she shall sub. ; I ' )i ;' ii! Itl I! 14 mit to be sworn or affirmed to answer as aforesaid; or if any such person shall be guilty or suspected to be guilty of any false representation, or 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 provi- ded : Provided always. That if at any time before such as- signment or appointment of assignees, the said debtor shall make an amicable settlement with such creditor so petition- ing, and such creditor shall acknowledge satisfaction of his demand, all proceedings against such debtor shall cease. XVII. Afid be it further enacted. That a majority 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 assignees. XVIII. And be it further enacted^ That all sheriffs and jailers fees, and other fees, becoming payable previous to the assignment above mentioned, shsil 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. XIX. And be it further enacted. That the recorder or commissioner before whom any such proceedings shall be had, shall be entitled to receive the sums following, to wit: on receiving any petition, the sum of two dollars ; on deci- ding 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 requested at a meeting of creditors, the sum of two doU lars per day, to be first paid out of the insolvent's estate, and one dollar for signing the discharge. XX. And be it further enacted, That in case the recorder or commissioner to whom a petition may be presented or application made as in this act is before 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 perform 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 record- er or commissioner, to whom such petition was first pre- sented or such application first made, might have done and performed by virtue of this act. M -•b 15 XXI. And be it further enacted, That from and after the passngof this act the act entitled "An act for giving re! «ot^rrl'"'°-^^"''^" P^'^^ ^^^ 3d day of April. 1801 ; the first sechon of an act entitled, « An act to a mend an act entitled " an act for giving relief in cases of insolvency » passed 25th February 1805 ; the firs second th.rd. fourth, fifth, sixth, and eighti sectio'n of the ac't enthkd an Act to amend an act entitled '« an act for giving relief in ^Z^i '"solvency, and to provide for bailingVisoners. and act endtXT"' r''^ '}' ^'^ ""^ ^P"' 1«0« ' «"d the rel ef of ni. ^-^u*" ^"'^"'' '" ^^' ^"'"'^'^ " «" «" for the relief of debtors with respect to the imprisonment of their persons," be and they are hereby repealed. Provided a/ways, 1 hat where applications are now pending for the benefit of any of the said acts, the said acts shall bf considered as Tn unl/°T - °PK'^*i°".'" '■^'P^*^' »° ^"^Ji applications, and until a decision shall be had thereon. «r $^^'" ^""^ ^" i^ further enacted. That it shall be the dutr of the recorder or commissioner immediately after a S hearing and decision on each and every application to caS to be lodged with the clerk ofthe county in which such he^ ng shall be had all the documents exhibited on sucj heat ng together with a true description of the proceedings and It shall be the duty of such clerk.to file such documemUJd proceed.ngs m his office, there to remain of record Sh shall also be the duty of such insolvent debtor to procu I to be recorded m the office of such clerk his discharo? as afore said obtained, which it shall be the duty of sych derk fonh' with upon being presented with the saL to' r co d at fu,i S .nn'f ^°^ '° ^ K""'^^^ ''>■ '^^ ^"d kept for that pur pose and for every such record the said clerk shall be inti tied to receive from such debtor fifty cents. ^^m. And be it further enacted. That if anv ner^nn who shall be legally sworn or affirmed by v rtue of^hKt isTarirortf «-ffi-^^- be g'uilty ofty 'Sul wise swearing or felse affirmation, he or she shall be deem edS ou'nirh d •"':? ^--P^P-J-y -^d shall be i^roTect ted and punished in the same manner as wilful and cormnt ^sz^^::^st^ir--^' -' punish^di^T: to appoint a commissioner to perform certain du tes of a iX ° UW^^iracMr; •• P.--^ April 10th, 1805Tandtrett entitle d _ An ac t to appomt commissioners in the county of k'LJ-i '11 16 Ontario, to perform certain duties of a judge of the supreme court," passed April 2d, 1810, shall be and are hereby re- spectively authorized and required to execute and perform ail and singular the powers and duties authorised and re- quired by this act, within the counties in which they respec- tively reside. XXV. Jnd be it further enacted, That it shall and may be lawful for the person administering the government of this state, by and with the advice and consent of the council of ap- pointment, to appoint in such of the counties of this state (the counticii of New- York, Columbia, Albany, Oneida and Onta- rio excepted) as they in their discretion shall think reasonable and proper, some fit and proper person (being of the degree of counsellor at law of the supreme court) to be a commissioner under this act for any one county (and in which county he shall reside) who shall be, and is hereby authorized and re- quired within such county, to execute and perform all and singular the powers and duties required by this act, and each commissioner so to be appointed, before he enters upon the duties of his office shall take and subscribe before the clerk, or any of the judges of the court of common pleas of the county for which such commissioner shall be appointed, an oath or afnrmation, well and truly to perform the duties pre- scribed by this act, which oath or affirmation shall be filed in the clerk's office of such county, and as often as need be all vacancies which may be occasioned by the removal of any commissioner out of the county for which he shall have been appoiiited, or by death, resignation or otherwise, may be filled in like manner as aforesaid. Proijided always, That in case any recorder of any city shall be interested as ei- ther debtor or creditor to any insolvent, or in case of any vacancy in any such office, and also where in any county there shall be no commissioner authorised to perform the several duties required by this act, or where such com- missioner shall be interested in manner aforesaid, then and in evcrv or either such case it shall be lawful for the first judge of such counties respectively, to execute and per- form within their counties respectively, the several powers and duties required by this act. Prowled always. That nothing in this act contained shall be construed to apply to any case of imprisonment or prosecution except to cases arising on contract express cr implied. XI , ♦ ^Extract from the Act, entitled ** An Act extending the time *' for the remission and commutation of certain ^uit- Rents, and for other purposes."*^ Passed April 9, 1811. III. And be it further enacted. That the discharge men. tioned in the fourth section of the act, entitled " an act for the benefit of insolvent debtors and their creditors," passed the third day of April, one thousand eight hundred and sev- en, shall extend to and be a discharge to the petitioner, not only from any debts due at the time of the said discharge and contracted for before that time, but also from all liabili- ty which the petitioner may thereafter incur or be subject to, by reason or on account of any bill, endorsement, contract, covenant, obligation or engagement, other than covenants of warrranty on the sale of real estate, which the petitioner may theretofore have drawn, made, entered into or sealed and executed, and that wherever the said petition- er may have drawn, made, entered into or sealed and execu- ted any engagement, contract or obligation, by which the liability of thf said petitioner may depend on a contingency subsequent to the said discharge, it shall and may be lawful for the person or persons to whom the said petitioner may be liable to give notice thereof to the assignees mentioned in the said act, at any time before a final distribution of the es- tate of said petitioner, and such person or persons shall also present to the said assignees, on oath, a statement or account of their contingent claim or demand, and what the same may be, in case the said, petitioner shall eventually become liable therefor, and upon such claim being made, it shall be the du- ty of the assignees to retain in their hands so much of the said estate as will be sufficient to pay the said claimant, in respect to his contingent demand or claim, a proportion of the said petitioner's estate equal to what the other creditors of the said petitioner may have received or be entitled to receive out of the said estate, and in case the said petitioner would, if he had not been discharged, become liable to pay the said contingent debt or claim, then the said monies so retained by the said assignees shall be paid to the person to whom he would so have become lidble, otherwise they shall be distri- buted among the creditors of the said insolvent petitioner as if no such claim had been made : Provided, That nothing herein contained shall be taken to affect any division or dis- tribution of the petitioner's estate which may have been made by the assignees previously to the receiving notice as aforesaid of a contingent claim. i# ■i\ .^ja >> I :4 I m ^ tni ; . I h In iji ; ^jr5!/Gr;V'££jUwhen and by whom appointed > ^^^V /' to take an oath of office - - - . lo a majorit;^ may act - - . - - 14 may be displaced and by wh«m - - . 13 are wider the controul of recorder or commissioner 12 vacancies how filled .... 5 may dispose of deblor's estate ... 9 execute conveyances, and sue in their o^^ti names . 9 may compound for debts due insolvent - - - 10 to make Jmd(pn<2»— how and when - - • % 12 ditputet between them and creditors, how settled - 10 to pay co9t8 first out of the estate - - -11 must return everplua, if any, after paying all debts, to the insolvent -10 . iSSIGJVMEJ^rrSec grant or assignment cnEni^nif f^i"^-?C? ^^-^^^^ 6f TOOi^-reserved 10 debtor 5 C^J;2>7TOi?iS-.not entitled to ^r^yermce by debtor - - - - 5 may require debtor and any other person to be sworn as witnesses 55 to ^rove their debts before assignees - • - 10 may be required to swear to their accounts .- - 11 mty compel an imprisoned debtor to discover and assign his estate - . . . . . -19 ii COMMISSIOJVEJRS-^bcfove whom application to be made - - 14 16 in what cases the successors may act - • 16 . "'^^^crc ^o /— the diflferent cases of 5 JJ avoids the discharge ... ,. .', y cases of, in acceptmg trusta under the debtor - - '* g FEES P""'^^^f \ 8 13 14 FIRST JUDGES OF COUJrriES-vhere therJ is no 'records or ^^ ^^ commissioner, may act - 16 GRAJVT OR ^S-^/GAVMEJVT— when ordered - - ^ .5 IJSrVEJMrORr-^see debtor mSOLV§jrr LAWS^dsSercnt sections of former laws, except in ap- plications pending before the passing of the act, repealed - * > 15 if ¥ -J^ J. J . A^ '.t r J ■iBBBaM INDEX. XOTICE—io crp<11tors, bow published and given by dcblor OATM OF nnSTOR ' ' - . • . , V « .," JiFX'ORDKS on COJtMISSIOJ^R—in case of their death, &c. the successor may act ^ to deposit papers with the county clerk SHERIFF 6f GAOLER^to bring up prisoner when required by re- corder or commissioner . - - first to be paid their feet out of the estate Tzir^TS:— created by the debtor, avoided, and parties punished ^ ifmade/'<:/;#rethisact,trustces bound to disclose " penally in default thereof - - - - - ¥riTJS''ESSFS^mzY be brought up by warrant in case of contumacy may be committed to gaol if they refuse to answer Index to Additio7ial Clause, JlSSIGA''EES-~Xo retain estate for contingent claims how to diatribuie such estate. CREDITORS— 'lO'Sehom petitioner is liable, to give notice to assignees^ ami stale contingent claims on oath. COjmXGEtYT CL.^I'MS^io affect no division made previous to notice. PISCHARGF-from liabiliiies for endorsements, &c. S 14 15 13 U 8 9 9 56 6 ! J) " IE 1 'liil m t i| f 1 1 i: 1 m * ,\ ^ i f ':m\:.v !l;lg;tiiHi,ii.:,:i M>m\ HP GAYLAMOUNT PAMPHLET BINPER ManufadunJ iy 6AYLORD BROS. Inc. Syracu**, N. Y. Stocfcken, Calif. oio^iMiSaii ■m*ii' COLUMBIA UNIVERSITY LIBRARIES 0041408500 COLUMBIA UNIVERSITY LIBRARIES niis book Is due on the date Indicated below or at th. ^l^^l"/'..' ^'^''^ ^^'^ -^^ *« date or br;.:^*' r^t^L^'l^'S.'"" *" "' ^"^ a„an«en>er^:^ ^ n OATC BORROWED DATE DUE DATE BORROWED DATE DUE i C28(842)MSO ^^^^^H >^s iiiHiinriia ^^H IIIJJ^H ^^^R illi Bflfflm ^^^^^^H t!V>'H' m ^^^H ■•:: " ^'^ ^^H ^^^^^^R 1 ■ r ^^^H il^H i 1 * i;i".4 '1 'li! § JliL W it;: lii |:: It u ■ lir, -jli: I i li; ' ■ lii;.' «■<■ «:■ i:. 'ii; D2^9 Md New York State, New insolvent law. An act for the relief of insolvent debtors and their creditors. P:iX9 l^^7 IIAR21I9W Mw^OOiso : I • END OF TITLE