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:! 1 . " 1 S " ; - . ,' v'" Oor PIim ;C fai' eligtfttl Peace, . ."."l'- :'. ' -l V"-' - . ,1 . - tf': " V, I f - I CENERAL'BANKKUFi AW Cnclude4 from our jaft. .. 1 BE it furtHer ciiaSed, That every bankrupt, hflvine Oir rendered;; frail at all fta Enable times before the expiration of (he faid forty-two days, as afore fdid, or of fuch further time, as fhall be allowed to finifh his. or hr examination, be at liberty jto infpea his or her books and writ ings, in the prefer ce of forneper Ton to be appointed by the Com- ma ffioner, and- to Dnng wnu ium w for his or her affiflarice, fuch perfons as he or fhe jhall think fit, iot exceeding two at one time, and n make ektracis and copies to, ena ble him or her to make a full difco very of his or her effefts'; and the tA hnkruDt fnall be fre from ar- refts in coming to furrender, and fter havine furrendered to the faid Commiflioners, for the faid forty two days, or fuch further! time as Ihali be allowed tor; tne nnnning iis or her examination, ana in cae fuch bankrupt fhall be arrefted for debt, or taken on any elcape war nt' nr execution, cominc to fur- renaier, or after his furrender, with the : timi before-mentioned' then on producing fuch fumrnons or no tice under trie nanas or cqe coin- jnifiioners, and giving the officer a cdv thereof, he or fhe fha 11 be dif. charged ; and in, cafe any officer fhall afterwards detain fuch bank- mut fuch officer fhall. forfeit to fuch bankrupt, for his or -her own ufe, ten dollars for every! day he iCiall detain the laid bankrupt, : Sec, 23. That every perfon who fhall knowingly or wilfully receive r c ppn concealed anvbankruot. fo V -1 ; 1 as afore fa idfummoned toapppear, or who fhall aifi ft fuch bankrupt in con cealing him or; herfelf, or in ab condin'g, fhall fuffer fuch imprifon- ment;ni)t ejrsedingrwel vejtnonths ; tiot exceeding one thoufanjd dollars, . as uDon eonVilion thereof fhall be adjudged. , . I bec.24. ahat tne lata LOrnmnh oners fhallliave power to upon oth or affirmation, examine, the wife of any perfon lawfully declared a kankrupt, . for the - djfejovcry - of fuch pan of his eftate as may be concealed or difpofed of by fuch wueor by any other penon, and the faid wife fhall incur fqch penal ties for not appearing befre the faid commi fioners, or refufing to he fworn ;Or affirmed, or examined, and to fubferibe her examination, or tor not ancioiing the trutn, as by this aftis provided againft any other perlon in like cales. Sec. 85. That in cafe any perfon fhall be committed by the commim oners for refufing to anfwer, cr for not fully anfwenng any queftion, or for any caufe, the commiffioners ftnll. in their warrant, fpecify iuch queition or other caufe of com mitmentl I Sec, 26. That if ifter.the bank rupt fhall have finifhed his or her fi nal examination any other perfon or perfon s fhall voluntarily make difcovery ef any part of fuch bank rupt's eftate, before unknown to the Commiflioners, fuch perfon ior perfons fhall. be ..entitled to five per .centufmt of the effefts io difpbvered, and fuch! farther Vp. wad as the Commiffioners fhall x think proper, and any truflee hav ing notice of the bankruptcy, ' wil fully concealing the eftate of any bankrupt, for the fpace 'of ten days after the; bankrupt fhall have finifh edi his final examination; as afore faid, fhall forfeit double the value ef;the eftate fo concealed, for 4he benefit of the creditors, j i c .7. That if any perfon fhall become bankrupt, at fuch time, by confent of the owner1, have in his ; rherpbfeffioaand dijpofition, any goods whereof the or fhe; fhall be re pAited owner, and take' upon him otherfelf, the fale, alteration, or oilpofitiorl thereof, as owner, the , cmiffioners fhall. h'aW powt, , to : hgn the fame forShe. benefit I of lh8 cretxs as fullvas any other part of the eftate of the bankrupt. tW rrThit if baiiktajpV.iafter' W Uluing any commiffioh againfV rm,0v her, pay to the perfon wh . out the fame, dr givetv oreli , K fu perlon, &0odi.or anj 0 u f V- Purity for hi,1 fhall privately have and receive a ; greater proportion q nisor ner qcdc than the otner cremtors iucn p-. ference fhall be a new act of bank- ruotcv. and on good proof thereof; fuch commillion man, ana may Dei fuperceded, and it mall-'ana may oe lawful for either of .the judges; hav- inir authority -to grant the cemmil- lion asatoreiaia, to awara any crea,i tor petitioning another commiffien, j and fuch perlon io taKmg iucn un I due fatisfa&ion alon as aforefaid . fhall j fhall; by like rder of the commiC We, as Well his or her I fioners, bel forthwith i divided a- forfeit and whole "debt, the wholehe or Ihe fhall have taken and received, and ; fhall" pay back, or deUyer up thejjof fame, or the full value thereof, to the aflignee or afTignces, who fhall ( be appointed or chofeh under fuch Ij corrimiiiion in.manneraioreiaia, in truft for" and to be divided arhongft ! the other creditors, of the laid bank- j rupt, in proportion to their refpec- live debts. to. That every perfqn who fhall be cholen aiiignee ot the eitate and effeds of a bankrupt, ihalh at lome hm -iffpr, rif cYniMtion of frtu r b months, and within twelvemonths from the time of liiuinc the com- miffion, caufe at lea ft thirty days public notice to be given, of the time and place the commiffioners and affigneesintepd tcrrnejjto tnake a dividend or diftribution of the bank rupt's eftate ancl effe&s at.which time the creditors who have not be fore proved their debts;!: fhall be at liberty i prove the. fame, and u pon every uch meeting, the affignee Or affignees, fhall produce to the com miffioners and creditors then pre fent, fairand juft accounts of all his or, their' receipts and payments, touching the bankrupt's eftate'and effects, .and of what fhalls remain outftandihgV and lne particulars hereof, and fhall. if the creditors then prefent. or a. maior part of thern, require the fame. beexAmined upon oath or iolemn afhrmation, be tore the lame commiihonerg, touch irig the truth of fuch accounts ; and fuch accounts, the laid aiiignee oraffignees fhall be allowed and re tain all turn and turns of money as they fhall have paid or expended in fuingout and profeouting the com mi ffion, 3nd all other juft allow ances on account of, or by jealpn or means of their being affignee or affignees, . and the laid Com- mimoners hall order fuch; part of the net produce of the laid bank rupt's eftate, as by fuch accounts, or otherwife, fhall appear to be in the hands of the laid afhgnees, as they ihail think fit, to be forthwith divided among fuch of the bank rupt's creditors as have duly proved their debts under iuch cOmmiihon in. proportion to their feveral and refpedive debts, and the Commifli oners ihail make fuch their order for a dividend, in w rating, under heir hands, ar.d fhall caufe ne part of fuch order.to be filed amoneft the proceedings under the faid commis fion, and fhall deliver unto each of the affignecs under fuch com miffion, a duplicate of fuch their order, which order of diftribution fhall contain an account of ; time and j place of making fuch order, and' the fum total or quantum ofall the debts proved uhder'the commifiion, and the fum total of the money re maining in the hands of the affignee or affignees to be divided, -and how many percent, in particular is there ordered to be paid to every creditor of his debt ; arid the faid afli'gnee or affignees, in purfuance of fuch or der, and without any deed or deeds of diftribution to be made for the purppfe, fhall forthwithmakeTuch dividend and diftribution .accrd-i ,ng'yjnfl fhaltj taktr receipts to be Kepi ina nook tor the purpole, irom each creditor, for the part or fh a re of fuch dividend or! difhibiitionj which .fie or tfeey fhU'ake,!';n4 pay to each ,crediter refpeftively : and fuch order and receipt fhall be a full and effeftual difcharge to fuch. auignee ror 10 much as he mail Jajrly . . r . , . r- t 1 pay, punuant 10 iuch order as atoreiaia. '" . - r Sect; 30. That within leizhteeri months next after the iffuing of the commi ffion, N ffie afiignee or afhgnees fhall. make a iecdnd dividend f the jjapkrupt's eftate andjerTccts, in cafe the fame .Were; Jri ot w hHy divided urvnthe firA dividend, and fhatl caule due public notice' to he given I of the time and place ihz faid com- raiffioriertfinteiid tojmet to tnake a feconddiftoutiodfthcoank cftate'tnd efFefts; and tor- the ere- HitHrs i who (hall not befirtt have' prdved. their debts to cotrie in and prove the! fame! ancVatvfucja meet ing t he fai d t flignees fhaU' produce on oath iar folemn " afBrratipn as fbreiaid, their abcounjts iof ; the bankrupt's eftate and cffefls, . and whatt urJem tlie balance thereof, fhall ! appearU03 he in their hands, . Wongft; fioEthe bankrupxr pi ditors ditors as ihail tiavemaae aucprooi their debts, in proportion o their ieveral and reipecuve ciaims, which fecond dividend fhall" be final uhlefs any fuit at lawor ecjui- iy, pe ocpemuugj wt ; 4M the eftate! Handing out, that could not have been aupoiea or, or mac inc majr part of tie creditots ihall nt Have aereea to dc iota or anpoicu ui, or unlefs fome other or future eftate pr euects or ineoanKrupv wards C0me tor or reir in- nc uuu ffi crnees. in wnicn caies ine iaia affienees' fhalll as foon as may be, Convert iucn ruture or oincr ciuic and eff efts intoj money, and fhall within two months after the fame be Nbn veirtied into money by like or def of the commiffioners, divide the fame among fuch bankrupt's credi- tor&?as fliafl have made; due proof of their debt un4er fbchTcommiflion, Sect, oil That in the diftribution of the bankrtrpt's erfefts there Ihail be paid to every of the creditors a portionrate according t he amount of their refpeftive debts, fb that fcverly creditot, having fecurity for his aebt; by jug jmentvi ttatute, re coehiKance. or fpecialty. or having an suaenmentiunder anyof thelaws of the individual States, or of the If uniieO; oiaies, on ine.euaic 01 iucn bankrupt IprvicUtdthettihenoexew cution executed upon any of the real or perfonal eftate of fuch bank rupt before the time he. or fhe be came bankrupts) fhall not be re lieved upon; any fuch judgment, ftatute; recognizance fpecialty, or attachment for more thai a rateable part of hisjj dbt, with the other creditors of the bankrupt. . Seft. qs. That the affignee fhall keep oho brrribre diftihft book or books of account, wnere he or'they fhall dijily enterall fums of inbney, orj bffefts vhichhe or theyi fhall f nave re eivea or coi into nis or I their pjolleffion of rjthe; faid. bank- I rupt's efbtH to which books of ac- I count every creditor,, -who fhall o;vecl;?his Or;4w6i-debt fhall have proved at all reajRinable times shavefree re- brt, ahdinfpeft the fame as often as he or the than tninic ht. bo. Tjiat (every bankrupt not beT ing,: ih prifon or cuftocfy, fhall at all times after his furrender. be bound jto attend the affignees, upon eve 17 reasonable notice, in writing, tor that purpole, given or lett at the ufual place of his or. her abode, in order to afiift m making out the ac counis of the faid bankrupt's eftate II arid effeflts, and to attend any coqrt of record to be examined touching the farhej or any other bufinefs as the faid affignees fhall judge necef- fary i J for ivyhich he ihail receive three dollars per day. si. That all and every perfon or perfons who fhall become bankrupt; as aforefaid, and who fhall, ' within ine lime limuea oy inisact, lurren- der htm or. herfelf o the commif fioners and in all things conform confent to the allowance of a" certi as in and by this ad is dire&ed,f ficate of difcharge, in purfuance of fhall be allowed five per cent, upon the nt priodute of all the eftate that fhall bei recovered in and received, which) fhall be pajd unto him or ier J by tfic affijgnee Or affignees in caie the net produce ot Iuch eftate, -after fuch allowance made, ' fhall be luiuuou v iicwuij uj Jaicj :jbattk-upt,- fwho j fhall have proved their debts under fuch com- rniffion, the amount of fifty, per I cent, on their laid debts reloec- tiyely and fo as thefaid fi ve per cent, fhall not exceed in the whole the fum of five hundred dollars: anjl ihi cbfe the net produce, of the faid jsftateihallj bvernd above the allowance;; thereafter frientiohed, be; luflicjieri;. to pay the creditors fe ventyfivq per cent, on the amount of their faid debts refpeaively, that then he faid bankrupt Oiall be 1. il TT, ? v V amount 1 udUKrupr are allowed to be.heard, if person IhaU cohudereda&havlrig f Ul of fdeh ;net proAice, to be paid at they fhall hik fih. before! the Ufcapcdind thelaiiox orftHTO .Mf aforefaid,' fo ai fuchten;per cent; fhall -not, in the Whole fesTced the (urn of eight hundred dollarland, every fuch banferupt; fKllL be dife charged from all debts by himWr Her. due or owine at the time. fhe becape bankrupt, and all which were or might ha ye been "proved under he laid commifiion,. and in cafe any fuch bankrupt. fliall after waids be airefted; profecuted or impleaded, f ocor on ac c ouh t of any of the faid debts, fuch bankrupt may appear without bail; and may - a tna nera, evidence ; and, the) certificate of fuch bankrupt's conforming, and the alio wa nee Jtheredf ; according t the directions of this acl,v fiiall be allowed; to be fufEcient evidence prima facie of hearty's being at bankrupt within the meaning of this aft, and o t ;t he Comm i ffi b n an d otherproceeclirfgl ipreccderit to the obtaining - fuch certificate, and a verdift fhalf thereupon paf$ for. the defendant; unlefs the plaintiff in fuch aftion can prove faid certi fcv wv'" . ficate was obtained unfairly and by fraud,' ar unlefs he can make appear aiiy concealment of eftate or enects by iuch bankrupt, to the value or one hunared dollars: Provided That no fuch diicharce of a bank rupt, fhall releafe or dirchafgc any perlon w,bo was a partner with l'uch bankrupt at the time he or fhe became bankrupt, or who was Pt, then , jointly held qr bound with fuch bankrupt for the fame debt or r debts from which fuch bankrupt was difchargtd as aforefaid. ' iz. Provided alwavs 'that if the net proceeds of the bankrupt's eftate .- . t 1 - - t ' . i ' 1 40 to oe oncovered, recoverea ana recivd, fhall not amount to to much as y ill pay all arid every of the creditors of the faid bankrupt, who fh$l haye jiroyd thei r debti u nder the faid commiIion, the amount of fifty percent, on their debts refpec -tivoly, after all charges firfi deduct ed, that then, and in fuch cafe, the bankrupt fhall not be allowed fiye per centum an iuch eitate as ihail be recovered in but fhall have and be paid by the affignees, ib much money as the ! commiffioners fhall think fit to allow, not more than three hundred dollars, nor exceed ing three per cent, on the -net pro ceeds of the faid bankrupt's eftate. 36. Provided alfo, that no perfon pecoming a oanKruDt. accorame to the intent and provifionsof this aft, fhall be entitled to a certificate of Ijdiicharge, or to any of the benefiu of this al, unlefs the commiffioners fhall certify Under their hands,; ton thejudgeofthediftricl within which fuch commiffion iffues, that fuch bankrupt hath made a full difcovery of his or her eftate and effects, and in all things conformed him tar her- felf to the directions of this aft, and that there doth not appear to them any reafon to doubt of the truth of fuch difcovery, or that the fame was not a full difcoverv of : ihe faid bankrupt's eftate and e,fTccU j or urileis the laid ludjre fhalr be of opinion that the faid certificate was unreafonahly denied by the com mi fioners, arid unlefs two-thirds "in lumber apd in value of the Creditors 5f the bankrupt, who fhall be. cre ditors. for no lefs than fifty dollars, refpeaivelyi arid who fhall ihave duly proved, theirv debts under the laid cpmrxii ffion, Ilia 11 fign fuch cer tificate to the iudflre. this aft ; which fi ffninc arid rnnfffit fhall valio be certified by the com mifficners;. but the faid commiffi oners fhall riot certify the fame fill l Y have proof by affidavit or af firmation- in writing, of fuch cre- II ditors, oYbfjthc perfons fefpeaivelr amiiKu lur inaL pur.pote, tigning the laid certificate r which Affidavit or affirmation, together with thelet- I ter or power of attorney to fign jfhail t oe laid before! the nid tUk Ata tria.withiji which fuch commiffion iffoes, iniqVder for the allowing the cejrtifiatejcjf difoHarge ; and"itc.faid certificate ifttaiiibtbe; allowed, dn Iefsi he bahlkruptimakOoath oraffir- maon, ? m vvntinc that the cert i fieatc of th commrfiioners, arldcdh fent of the creditors thereunto, were obtained fairiv and'whh out fraiirf and any of the creditors of tbe faid fpeive rfons aforefaid,, again the jmaking or allowing 6f fuchcer-, C tificates Iby thei , commiffioners or' ju'cSge;;- " ; ; 7 -A f 37lfiat ir any creaiior, or, 'r; Hitnrs of fucribankfuptf and the bankrupt fhsll retule to make cm- ,1 verv t hereof, and fuffer the fair ere- - yi ditors id be frh'pofed uppn, to fhalLy; lofejall titlliothe sUdwan coupon the amount offes effesi andioia lha4l exniOlt to ixic tuiun muuww i 1 1 any ficticious ofalfe 4bt orclemarid W with intent to defraud thereal crc- ; certificate of difcharge as aforefaid.;., .yf J nornau nc dc enuueu f.u mc , j. allowance or, certificate, if he his j loft at any one time fifty dolIars;;or.r in the; hole three hundred dollars; after the pa fling of th;is4 a a, andj? within twelve. months before hebjb- y.t came i bankrupt, "bXny wanner "of "t gammgpr wagering wiwiav . - r 38 That, if any bankrupt,. -wnw, fhall have obtained his ceftificatff;;"., fhall be taken: inJ execution, or dc-J ' 1 tained in prifon, ori account of ariy,1 ! f debts owing before he became a bank"- . I ; rupt, by 'reafon that judgment wfts'ljj obtained before fuch certificate was-V allnwff - if fhall Kf lawful for anv of i t' the fudges of the court wherein. -' 'l judgment was foobtained, or! for any 'VfjL l coui-t, judge or juftxe, within the: i'tf'i1'!?, diitrict in wnich iuch bankrupt tnaiL be detained, having powers to award f or allow the writ of habeas corpus, 1 on fuchbankrupt producing fi ccr-.: tificate fb as aforefaid alhiwed, to or- der any fhe riff or jailor who (hail t have fuch bankrupt in his uflodyi to difcharge fuch bankrupt'without fee or cnarge, nrlt giving rcaionaDi poticejto the plaintiff, or hisrattor- nv,of the motion for fuch difcharge. - 39. nat every perlon.. wjho xnau f mif nave pona nao givew creait to, .or taken focurities pay abfe at future ' days, from perfons who are or fhalL 1 become bankrupts, .not due at thei time of fuch pc fon's becoming -bankrupt, fhall be admitted to prove 4 their debts and rontrafts, as if they, were payable prefently,- and flialL xf have a dividend in proportion toth'-. 4-; other creditors difcounting, wher . n interefl, is payable, at'the rate;of ir" fo much per .cent. per annum," as is j equal to thei jlawful. interefl; of ' the J State where the debt was payable 1 a n d t he obi igee of a ny ' boi t om vy or refponden'ia bond, "and the affured X in any policy of infuranct, Qiall be admted to claim, aiid after the cnf' v tingency or lofs, to prove tho? debt V thereon, in like mariner 'asff.ih - fame had happened before iffuing the ' i commiffion : and ihe bakrubt fhall i ' ijae difcharged fromftjeh fecuritiesr 'r as ir , iucn money Had been ducand ; ' payable before the time of his or her r becoming bankrupt and fuch cfc-f ' u 1x0 Ts may petition toraCommiihon.,' iU or join ia petitioning. 4b. That in cafe any perfon com''' 1 ,m it ted by the commiffioners -warrant, fhall obtain a habeas corOuslin I - order to he difcharged3 and 'tljere ; fhall appear any infufficiency in, the form of warrant, it fhali eMawfuV for the court or iudgre before whoni fuch party flail be broueht bv"'ha I . It? beas corpus, by ruleor warrant, to';. J j commit fuch perfon to theame pri- fen, there to remain until he fhsll M conform a$ aforefaid. unlefs it fhall r ' Jlti be made to appear that he Jiad fully; anfwered ag lawful quefti'ons put'tOi! hjm by the, commiffioners'; or irLf' ruy, was tom m linear ior ; v;j not hgning his examinatiorilinlefs ' good reafon for refufing tolTgnKthet iame, or thauhe commiffioners had M exceeded their auHinntvln malcino- -' fox I 11 r h m- m . ' .1 . t . , uv yviiinuuacni ana an ! ca le ine- or go without the doors' cnL&lU f jauorto whom fuch. per fonfhaH be committed fhall -wilfully or heeh- f gently fuffer.fuch perton to efciuei ' V t sne pruon, . iuch railor .fhalKvfr , V.iV fuch offence, being corivt'aedlnere t u' lu,,??t a not'exteeedirt - ijl three thoufand dollars, .foihe ufe 1(4 ot the crpditors, -.v-V v; ;'JA --marine, jaiiormall, ojtrorx s the requeft of any crjfdito having fi proved his, debt, andjfhewing.a cer - 8 iii'commi ffiohers (which the cbm-r 1 mimoners inau give wifhout;jee or n til iVf iew,arrA) produce thej perfori J6 qoml Vfl s . mitted ; and in ca,fe iuch iilotfhaii' i? , refule to fhe rirchlpcriSji tolfocA 'k ' i ' creditor,; queftinhe4amJruc , 5 pcrfon'fhaU b? ;cohFidercd aibitfinfc- t i (A V lit' il 11 ) m 1 M I. Iff-1 .''ll i :vsv. j!' ; , .1 1 t 't-,t -v1 -1- sy gsf- . ii f'-L, ?il fi 3? I
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 20, 1800, edition 1
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