USA > New York > New York City > Longworth's American almanack, New-York register, and city directory: for the year of American independence., 1801 > Part 8
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Sect. 4. And be it further enacted, That the commissioners fo to be appointed, fhall have power, forthwith, after they have declared fuck perfon a bankrupt, to caufe to be apprehended, by warrant under their hands and feals, the body of fuch bankrupt, wher foever to be found. within the United States : Provided, They fhall think that there is rca. fon to apprehend that the faid bankrupt intends to abfcond or concea him or herfelf, and in cafe it be neceffary in order to take the body o the faid bankrupt, fhall have power to caufe the doors of the dwelling houle of fuch bankrupt to be broken, or the doors of any other houfe ir which .he or fhe fhall be found.
Sect. 5. And be it further enacted, that it Shall be the duty of th Commifsioners fo to be appointed, forthwith, after they have declared fuch a, perfon a bankrupt, and they fhall have power to take into thei poffeflion all the eflate, real and perfonal, of every nature and defci ip ti: n to which the faid bankrupt inay be entitled, either in law or equity in any matter whatfoever, and caufe the faine to be inventoried and ap praifed to the beft value, (his or her neceffary wearing apparel, and th neceffary wearing apparel of the wife and children, and neceffary bed and bedding of fuch bankrupt, only excepted) and alfo to take into thei poffefsion and fecure, all deeds and books of account, papers and writ ings belonging to fuch bankrupt ; and fhall caufe the fame to be fafel kept, until afsignees fhall be chofen or appointed, in manner hercafte provided.
Sect. 6. . And be it further enacted, That the faid Commifsioner fhall forthwith, after they have declared fuch perfon a bankrupt, cau. due and fufficient public notice thereof to be given, and in fuch noti fhall appoint fome convenient time and place for the creditors to mee in order to choofe an afsignee or afsignees of the faid bankrupt's efta1 and effects; at which meeting the faid commissioners, thall admit tl
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editors of fuch bankrupt, to prove their debts ; - and where any credi- or fhall refide at a diftance from the place of fuch meeting, fhall allow je debt ot fuch creditor to be proved by oath or affirmation, made efore fome competent authority, and duly certified, and fhall permit ny perfon duly authorized, by letter of attorney from fuch creditor, due proof of the execution of fuch letter of attorney being firft made) o vote in the choice of an afsignee or afsignees of fuch bankrupt's eftate nd effects, in the place and ftead of fuch creditors : and the faid com- nifsioners fhall afsign, transfer or deliver over, all and fingular the faid ankiupt's eftate and effects aforefaid, with all muniments and evidences hereof, to fuch perfon or perfons as the major part, in value, of fuch reditors, according to the feveral debts then proved, fhall choofe as aforc- aid. Provided always, That in fuch choice, no vote fhall be given by, r in behalf of any creditor whofe debt fhall not amount to two hun- red dollars.
Sect. -. Provided always, and be it further enacted, That it fhall be awful for the faid commiffioners, as often as they fhall fee caufe, for he better preferving and fecuring the bankrupt's eftate, before affignees hall be chofen as aforefaid, immediately to appoint one or more fsignee or afsignees of the ellate and effects aforefaid, or any part hereof; which affignee or affignees aforefald, or any of them may be re- noved at the meeting of the creditors, fo to be appointed as aforefaid, or the choice of afsignees, if fuch creditors, ent t'ed to vote as aforetaid, or he major part, in value of them, thall think fit, and fuch afsignee or fignecs, : s fhall be fo removed, fhall deliver up all the ellate and effect of fuch bankrupt, which thall have come to his or their hands or poffef- ion, unto fuch other afsignee or afsignees as fhall be chofen by the credi- ors as aforefaid ; and all fuch effate and effects fhal' be to all intents and ourpofes, as effectually and legally vefted in fuch new afsignce or afsig- yes, as if the firft afsignment had been made to him or them by the faid comm fioners, and if fuch firlt afsignee or afsignees, fhall refuf's or neg- tet, for the fpace of ten days next after notice, in writing, fom fuch new afsignee, or afsignees, of their appointment as aforefaid, to deliver over as aforefaid, all the eftate and effects as aforefaid, every fuch afsig- jee or afsignees, fhall refpectively, forfeit afum not exceeding five thou- and dollars, for the ufe of the creditors, and fhall moreover be liable for Le property fo detained.
Sact. 8. And be it further enacted, That at any time, previous to he clofing of the accounts of the faid afsignce or afignees, fo chofen as forefaid, it thall be lawful for fuch creditors of the bankrupt, as are hereby authorized, to vote in the choice of afsignees or the major part of chem, in value, at a regular meeting of the faid creditors, to be calle.1 or that purpofe, by the fud commissioners, or by one foruth in value, of uch creditors, to remove all or any of the afsignees chofen as aforefand, ind to chufe one or more in his or their place and Itcad, and fuch afsignee or afsignces as flili be fo removed, shall deliver up all the effite and of- Fects, of fuch bankrupt, which fhall have come into his or their : 12's or poffcision unto fuch new afsignee or afsignees as thall be chosen by the creditors, at fuch meeting, and all fuch eftate and effects fhall be, to
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all intents and purpofes, as effectually and legally vented in fuch new afsignee or afsignces as if the firffafsignment had been made to him or them by the faid commissioners ; and if fuch former afsignce or afsignets, fhall retufe or neglect for the fpace of ten days next after notice, in writing, from fuch new afsignee or afsignees of their appointment aforefaid, to deliver over as aforefaid, all the eftate and effects as aforefaid, every fuch former afsignee or afsignecs, fhall refpectively, forfeit a fuin not ex- ceeding five thoufand dollars, for the ufe of the creditors, and fhall more- over be liable for the property fo detained.
Sect. 9. And be it further enacted, That whenever a new afsignee or afsignees Thall be chofen as aforefaid, no fuit of law or in cquity fhall be thereby abated, but it !hall and may be lawful for the court in which any fuit may depend, upon the fuggettion of a removal of a former af- fignee or afsignees, and of the appointment of a new afsignee or afsig- nees, to allow the nameof fuch new afsignee or afsignees to be fubftituted in place of the name or names of the afsignee or afsiguees, and there- upon the fuit fhall be profecuted in the name or names of the new af- fignee or afsignees in the fame manner as if he or they had originally commenced the fuit in his or their own names.
Sect. Io. And be it further enacted, That the afsigument or afsign- ments of the commissioners of the bankrupt's eftate and effects as afore- faid, made as alorefaid, fhall be good at law or in equity, againft the bankrupt, and all perfons claiming by, from, or under fuch bankrupt, ยท by any act done at the time, or after he fhall have committed the act of bankruptcy upon which the commission iflued. Provided always, that in cafe of a bona fide purchafe made before the iffuing of the commission from under fuch bankrupt for valuable confideration, by any perfon having no knowledge, information or notice of any act of bankruptcy committed, fuch purchafe fhall not be invalidated or im- peached.
Sect. 11. And be it further enacted, That the faid commifsioners fhall have power by deed or deeds under their hands and feals, to afsign and convey to the afsignee or afsignees, to be appointed or chofen as aforefaid, any lands, tenements, or hereditaments, which fuch bankrupt fhall be feizcd of, or entitled to, in fee tail, at law, or in equity, in poffefsion, remainder, or reverfion, for the benefit of the creditors, and all fuch deeds being duly executed and recorded according to the laws of the ftate within which fuch lands, tenements or hereditaments may be fituate, fhall be good and effectual againft all perfons whom the faid bankrupt, by common recovery, or other means, might or could bar of any eftate, "right, title or poffibility of or in the faid lands tenements or hereditaments.
Sect. 12 And be it further enacted, That if any bankrupt fhall have conveyed or affured any lands, goods or eftate, unto any perfon, upon condition or power of redemption, by payment of money or otherwife, it fhall be lawful for the commissioners, or for any perfon by them duly authorized for that purpofe, by writing, under their hands and feals, to make tender of money, or other performance according to the nature of fuch condition as fully as the bankrupt might have done, and the
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commifsioners, after fuch performance or tender, fhall have power to afsign fuch lands goods and eftate, for the benefit of the creditors as fully and effectually as any other part of the eftate of fuch bankrupt.
Sect. 13. And be it further enacted, that the commifsioners aforefaid fhall have power to afsign, for the ufe aforefaid, all the debts due to fuch bankrupt, or to any other perfon for his or her ufe or benefit, which afsignment thall veft the property and right thereof in the afsignee or afsignees of fuch bankrupt, as fully as if the bond, judgment, contract or claim had originally belonged or been made to the faid afsignees, and after afsignment, neither the faid bankrupt, nor any perfon acting as truftce for him or her, fhall have power to recover or difcharge the fame, nor fhall the fame be attached as the debt of the faid bankrupt, but the afsignee or afsignees aforefaid, fhall have fuch remedy to recover the fame, in his or their own name or names, as fuch bankrupt might or could have had, if no commifsion of bankruptcy had iffued; and when any action in the name of fuch bankrupt fhall have been commenced and fhall be pending for the recovery of any debt or effects of fuch bank- fupt, which fhall be afsigned or fhall or might become vefted in the af- ignee or afsignees of fuch bankrupt as aforefaid, then fuch afsignee or ifsignees,. may claim to be, and fhall be, thereupon admitted to profe- cute fuch action in his or their name, for the ufe and benefit of the credi- :ors of fuch bankrupt : and the fame judgment fhall be rendered in fuch action, and all attachments or other fecurity taken therein, fhall be in ike manner bilen and liable, as if the faid action had been originally commenced in the name of fuch afsignee or afsignees after the original plaintiff therein bad became a bankrupt as aforefaid : Provided, That, where a debtor fhall have, bona fide, paid his debt to any bankrupt without notice that fuch perfon was bankrupt, he or the fall not be lia- ole to pay the fame to the afsignee or afsignees. .
Sect. 14. And be it further, enacted, That if complaints fhall be nade or information given to the commissioners, or if they fhall have rood reafon to believe or fufpect, that any of the property, goods, chattels, or debts of the bankrupt are in the poffefsion of any other perfon, or that any perfon is indebted to, or for the ufe of the bank- upt, then the faid commissioners th ill have power to fummon, or caufe o be fuunmoned, by their attorney, or other perfon duly authorized by hem, all fuch perfons, before them or the judge of the diftrict where uch perfon fhall refide, by fuch procefs or other means as they fhall think onvenient, and upon their appearance to examine them by parol or by nterrogatories, in writing, on o ith or affirmation, which oath or affirm- tion they are hereby empowered to adminifter refpecting the knowledge . of all fuch property, goods, chattels and debts ; and if fuch perfon thall efufe to be fworn or affirmed, and to make anfier to funch queftions or nterrogatories, as fhall De adminiftered, and to fubfcribe the faid anfivers, r, upon examination, fhall not declare the whole truth, touching the ubject matter of fuch examination, then it fhall be lawful for the com- ifsioners, or judge, to commit fuch perfon to prifon, there to be detained until they fhall fubmit themfelves to be examined in manner .. for faid, nd they fhall moreover, forfeit double the value of all the property, good's, hattels and debts by them concealed.
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Sect. 15. And be it further enacted, That if any of the aforefaid pe fons fhall, after legal fummons to appear before the commissioners, judge, to be examined, refufe to attend or fhalllnot attend at the time a pointed, having no fuch impediment as fhall be allowed by the col mifsioners or judge it firall be lawful for the faid commifsioners judge to direct their warrants to fuch perfon or perfons as by the thall be thought proper, to apprehend fuch perfons as fha!l refu to appear, and to bring them before the commifsioners, or judge, to examined, and upon their refufal to come, to commit them to prifon u til they fhall fubmit themfelves to be examined according to the directio of this act : Provided, That fuch witneff'es as fhall be fo fent for, fhall allowed fuch compenfations as the commifsioners or judge fhall think f to be rateably borne by the creditors, and if any perion other than t bankrupt, either by fubordination of others, or by his own or her ov act, fhall willfully, or corruptly, commit perjury on fuch examinatic to be taken before the commifsioners as aforefaid, the parties fo offendil and all perfons who fhall procure any perfon to commit fuch perjur fhall on conviction thereof be fined not exceeding four thoufand dolla and imprifoned not exceeding two years, and morcover fhall, in eith cafe, be rendered incapable of being a witnef's in any court of record.
Sect, 16. And be it further enacted, That if any perfon or perfo thall fraudulently or collufively claim any debts, or claim or detain a! real or perfona! eftate of the bankrupt, every fuch perfon fhall forf double the value thereof, to and for the ufe of the creditors.
Sect. 17. And be it further enacted, That if any perfon, prior to ] or her becoming a bankrupt fhall convey to any of his or her childre or other perfons, any lands or goods, or transfer his or her debts or ( mands into other perfons names, with intent to defraud his or her cro tors, the commifsioners fhall have power to afsign the fame, in as eff tual a manner, as if the bankrupt had been actually feized or poffel! thereof.
Sect. 18. And be it further enacted, That if any perfon or perfc who thall become bankrupt, within the intent and meaning of this a and againft whom a commifsion of bankruptcy fhall be luly iffucd, up which commission, fuch perfon or perfons fhal! be declared bankru fhall not within forty-two days after notice thereof, in writing, to be 1 at the ufual place of abode ot fuch perfon or perfons ; or perfonal noti in cafe fuch perfon or perfons bethen in prifon. and notice given in fo gazette, that fuch coommifsion hath been iffued, and of the time a place of meeting of the commifsioners, furrender him or herfelf to 1 faid commifsioners and figu or fubfcribe fuch furrenders, and fubmit be examined, from time to time, upon oath or folemn affirmation, by and forefuch commifsioners, and in all things conform to the provifions of t act, and alfo upon fuch his or her examination, fully and truly difclofe a difcover all his or her effects and eftate, real and perfonal, and how and what manner, to whom and upon what confideration, and at what til ortimes he or fhe hath difpofed of, afsigned or transferred any of his her gords, wares, or merchandize, monies, or other effects and estat and of all books, papers and writings, relating thereunto, of which he
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fhe is poffeffed, or in, or to which he or fhe was any ways interested or intitled, or which any perfon or perfons fhall then have, or fhall have had in trust for him or her, or for his or her ufe at any time before or after the iffuing of the faid commifsion, or whereby fuch bankrupt, or his or her family then hath, or may have or expect any profit, pofsibility of profit, benefit or advantage whatfoever, except only fuch part of his or her estate and effects, as fhall have been really and bona fide before fold and difpofed of, in the way of his or her trade and dealings, and except fuch fums of money as fhall have been laid out in the ordinary expenfes of his or her family , and alfo upon fuch examination, execute in due form of law, fuch conveyance, affurance, and afsignment of his or her eftate, whatfoever and wherefoever, and fhall be devifed and directed by the com- mifsioners, to vest the fame in the afsignees their heirs, executors, admi- nistrators, and afsigns forever, in trust for the ufe of all and every the creditors of fuch bankrupt, who fhall come in and prove their debts un- der the commifsion; and deliver up unto the commissioners, all fuch part of his or her the faid bankrupt's goods, wares, merchandizes, money, ef- fects and estate, and all books, papers and writings, relating thereunto, as at the time of fuch examination, fhall be in his or her poffefsion cuf- tody or power (his or her neceffary wearing apparel, and the neceffary wearing apparel of the wife and children, and neceffary beds and bedding of fuch bankrupt only excepted) then he or fhe, the faid bankrupt upon the conviction of any wilful default or omifsion in any of the matters or things aforefaid, fhall be adjudged a fraudulent bankrupt, and shall fuffer imprifonment for a term not lefs than twelve months nor exceed- ing ten years and fhall not at any time after, be entitled to the benefits of this act: Provided always, That in cafe any bankrupt shall be in prifon or custody at the time of iffuing fuch commission, and is willing to furrender and fubmit to be examined, according to the directions of this act, and can be brought before the faid commissioners and crediters for that purpofe, the expenfe thereof fhall be paid out of the faid bankrupt's effects, and in cafe fuch bankrupt is in execution, or cannot be brought before the commifsioners, that then the faid commissioners, or fome one of them fhall, from time to time, attend the faid bankrupt in prifon or cuf- tody, and take his or her difcovery as in other cafes ; and the afsignees, or one of them, or fome perfon appointed by them, shall attend fuch bankrupt in prifon or custody, and produce his or her books, papers and writings, in order to enable him or her to prepare his or her difcovery, a copy whereof the faid afsignees shall apply for, and the faid bankrupt shall deliver to them or their order, within a rcafonable time, after the fame have been required.
Sect. 19. And be it further enacted, That the faid commifsioners, fhall appoint within the faid forty-two days, fo limited as aforcfaid, for the bankrupt to turrender and conform as aforefaid, not lefs than three feveral meetings for the purpofes afort faid, the third of which meetings fhaHl be on the laft of the faid forty-two days: Provided always, That the judge of the diftrict within which fuch commifsion iffues, fhall have power to enlarge the time lo limited as aforefaid, for the purposes afore- faid, as he fhall think fit, not exceeding fifty days to be computed from
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the end of the faid forty-two days, fo as fuch order for enlarging the time be made at leaft fix days before the expiration of faid term ..
Sect. 20. And be it further enacted, That it fhall be lawful for the com nifsioners, or any other perfon or officers by them to be appointed, by their warrant, under their hands and feals, to break open, in the day time, the houfes, chambers, fhops, ware-houfes, doors, trunks, or chells of the bankrupt, where any of his or her goods or eftates, deeds, books of accounts or writings, fhall be, and to take poffcision of the goods, money, and other eftates, deeds, books of account or writings of fuch bankrupt.
Sect. 21. And be it further enacted, That if the bankrupt fhall re -- fufe to be examined or to anfiver fully, or to fubfcribe his or her examin- ation as aforefaid, it thall be lawful for the commifsioners to conmit the offender to clofe imprifonment, until he or the fhall conform him or herfelf; and if the faid bankrupt fhall fubmit to be examined, and upon his or her examination, it fhall appear that he or fhe hath com- mitted wilful or corrupt perjury, he or the may be indicted therefor, and being thereof convicted, fhall fuffer imprifonment for a term not Ief's than two years, nor exceeding ten years.
Sect. 22. And be it further enacted, That every bankrupt, having furrendered, fhall, at all fcafonable times before the expiration of the faid forty-two days as aforelaid, or of fuch further time as fhall be al- lowed to finith his or her examination, be at liberty to infpect his or her books and writings in the prefence of fome perfon to be appointed by the commifsioners, and to bring with him or her for his or her afsift- ance, fuch perfons as he or the fhall think fit, not exceeding two at one time, and to make extracts and copies to enable him or hel to make a full difcovery of his or her effects ; and the faid bankrupt fhall be free from arrefts in coming to furrender, and after having furrendered to the faid commifsioners, for the faid forty-two days, or fuch further time as fhall be allowed for the finithing his or her examination, and in cafe fuch bankrupt fhall be arrefted for debt, . or taken on any efcape war- rant or execution, coming to furrender, or after his furrender within the time before mentioned, then on producing fuch fummons or notice under the hand of the commifsioners, and giving the officer a copy there- of, he or fhe fhall be difcharged ; and in cafe any officer fhall after- wards detain fuch bankrupt, fuch officer fhall forfeit to fuch bankrupt for his or her own ufe, ten dollars for every day he fhall detain the bankrupt.
Sect. 23. And be it further enacted, That every perfon who fkall knowingly or wilfully receive or keep concealed any bankrupt, fo as_ aforefaid fummoned to appear, or who fhall afsift fuch bankrupt in con- cealing him or herfelf, or in ablconding, fhall fuffer imprifonment, net .. exceeding twelve months ; or pay fuch five to the United States, not exceeding one thoufand dollars, as upon conviction thereof fhall-be ad- judged.
Scct. 24. And be it further enacted, That the faid commifsioners _. fhall have polver to examine, upon oath or affirmation, the wife of any perfon Lawfully declared a bankrupt, ; for. the difcovery of fuch part of
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is eftate as may be concealed or difpofed of by fuch wife, or by any ther perfon, and the faid wife fhall incur fuch penalties for not appear- ng before the faid commifsioners, or refufing to be fivorn or affirmed, r examined, and to fubfcribe it for examination, or for not difclofing be truth, as by this act is provided againft any other perfon in like afes.
Sect. 25. And be it further enacted, That in cafe any perfon fhall e committed by the commifsioners for refusing to anfwer, or for not ully anfwering any queftion, or for any caufe, the commifsioners fhall, n their warrant, fpecify fuch queftion or other caufe of commitment.
Sect. 26. And be it further enacted, That if after the bankrupt hall have finithed his or her final examination, any other perfon or per- ons fhall voluntarily make difcovery of any part of fuch bankrupt's ftate, before unknown to the commifsioners, fuch perfon or perfons hall be entitled to five per cent. out of the effects fo difcovered, and uch farther reward as the commifsioners fhall think proper, and any ruftee having notice of the bankruptcy, wilfully concealing the eftate of any bankrupt, for the frace bit tendays after the bankrupt fhall have inifhed his final examination as aforefaro, hall forfeit double the value of the eftate fo concealed, for the MEnefit of the creditors ...
Sect. 27. And be it further cuacted, That if any perfon fhall become he bankrupt, and at fuch time, ty content of the owner, have in his or her poffeftion and difpofion, any good's, whereof he or the fhall be reputed owner, and take upoffhifor herfelf the fale, alteration, cr lifpofition thereof, as owner, the commissioners fhall have power to afsign the fame for the benefit of the creditors, as fully as any other part of the eftate of the bankrupt ..
Sect. 28. And be it further enacted, That if any bankrupt after the ifding any commifsion againft him or her, pay to the perfon who fued out the fame, or given or deliver to fuch perfon goods or any other fatif- faction of fecurity, for his or her debt, whereby fuch perfon fhall pri- vately have and receive a greater proportion of his or her debt than the other creditors, fuch preference fhall be a new act of bankruptcy, and on good proof thereof, fuch commission fhall, and may be fuperceded, and it fhall and may be lawful for either of the judges, having autho- rity to grant the commifsion as aforcfaid, to award any creditor peti- tioning another commifsion, and fuch perfon fo taking fuch undue fatif- faction as aforefaid, fhall forfeit and lofe, as well his or her whole debts, as the whole he or the fhall have taken and received, and fhall pay back, or deliver up the fame, or the full value thereof, to the afsignee or af- signees who shall be appointed or chofen u: der fuch coma ifsion in man- ner aforefaid, in truft-for, and to be divided amongft the other credi- tors of the faid bankrupt, in proportion to their refpective debt -.
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