have not, at any time, or in any manner whatsoever, disposed of, or ART. 5. made over, any part of my estate, for the future benefit of myself or my family, or in order to defraud any of my creditors; and that I have not paid, secured to be paid to, or in any way compounded with, any of my creditors, with a view that they, or any of them, should abstain or desist, from opposing my discharge. 43

show cause.

33. Upon receiving such petition, schedule and affidavit, the offi- Order to cer shall make an order requiring the creditors of such insolvent, to show cause before the said officer, at a time and place to be specified in the order, why the prayer of the petitioner should not be granted.43 34. Notice of the contents of such order, shall be published for Notice of the like time and in the like manner, as directed in Article third of this Title, respecting notices upon the application of an insolvent in conjunction with two-thirds of his creditors.43

order.

jury.

$5. Every creditor opposing the discharge of an insolvent under Demand of a this Article, may demand a jury to determine upon the matter; and shall be entitled thereto, on filing with the officer to whom the petition was presented, at or before the first hearing on such petition, a specification in writing of the grounds of his objections.44

36. The same proceedings shall be had for the summoning and Proceedings. impannelling a jury who shall hear the proofs and allegations of the parties, and render their verdict, in the same manner and with the like effect, as prescribed in the third Article of this Title; and the jury may be discharged in the same case therein specified, and in such case, the officer before whom the proceedings shall be had, shall in like manner decide upon the application.44

may be exa

37. The petitioner may be examined before the jury or officer, in n. Debtor the same manner as prescribed in the said third Article ; and may in mined, &c. like manner be required to pay or secure the payment of any debt collected by him, or the value of any property assigned by him, after the presentation of his petition, excepting such as shall appear to have been necessarily expended in the support of himself and his family ; and if it shall appear, that he has preferred any creditors, as in the said Article specified, he shall in like manner be precluded from obtaining any discharge, under the provisions of this Article.

when to be

38. If the jury shall find in favor of the petitioner; or in case of Assignment their disagreement, or of no jury being required, if the officer before directed. whom the hearing is had, shall be satisfied that such petitioner is unable to pay his debts, that his account and inventory presented with his petition, are true, that he has not been guilty of any fraud or concealment in violation of the provisions of this Article, but has in all things conformed thereto; in either case, such officer shall di

(43) Laws of 1819, p. 115, § 2. (44) Ih. § 7.

TITLE 1. rect an assignment to be made to such assignee or assignees, as such officer shall appoint, of all the estate of such debtor, excepting such articles, as are by law exempt from execution.45

How executeul, &c.

Discharge when to be granted.

effect.

$9. The insolvent shall execute an assignment, with the like effect as declared in the third Article of this Title, respecting the assignment of a debtor petitioning in conjunction with two-thirds of his creditors, and shall cause the same to be recorded in the same manner. 45

$10. Upon producing and proving a certificate of the assignees and of the county clerk, as prescribed in the said third Article, of the execution and recording of such assignment, and of the delivery of the property assigned, or so much as shall be capable of delivery, with the books and papers relating to the same, the officer before whom the proceedings were had, shall grant a discharge under his hand and Its terms and seal; declaring, and such shall be its effect, that the person of such insolvent shall forever thereafter be exempted from imprisonment, by reason of any debt due at the time of his making such assignment, or contracted for before that time, though payable afterwards; and by reason of any liabilities incurred by him, by making or endorsing any promissory note or bill of exchange; or incurred by him in consequence of the payment by any party to such note or bill, of the whole or any part of the money secured thereby, whether such payment be made prior, or subsequent, to the execution of his assignment.46

Insolvent discharged from prison.

Debts not affected, &c.

Discharge when void.

S 11. If such insolvent be in prison, in any suit or proceeding, founded upon any contract or liability, as to which he is exempted from imprisonment according to the last section, he shall be discharged therefrom, on producing his discharge granted pursuant to the provisions of this Article, and upon endorsing his appearance on any mesne process upon which he may be imprisoned.47

S 12. No debt, demand, judgment or decree, against any insolvent discharged under this Article, shall be affected or impaired by such discharge, but shall remain valid and effectual against all the property of such insolvent, acquired after the execution of his assignment; and the lien acquired by any judgment or decree, upon any property of such insolvent shall not be, in any manner, affected by such discharge.48

13. Every discharge granted to an insolvent under this Article, shall be void in the same cases, so far as they are applicable, in which a discharge granted under the third Article of this Title, is therein declared to be void.49

(45) Laws of 1819, p. 116, § 2. (46) Ib. p. 118, § 11. (47) Ib. p. 116, § 3. (48) Ib. p. 117, § 6. (49) Ib. § 5.

ARTICLE SIXTH.

Of voluntary Assignments by a Debtor imprisoned in Execution

in Civil Causes.

SEC. 1. Certain debtors charged in execution, may petition court for their discharge.

2. When certain other imprisoned debtors may petition.

3. Notice to be served on the creditor, &c.

4. Contents of petition; account to be annexed to it.

5. Affidavit to be endorsed on petition; form thereof.

6. Court how to proceed upon the presenting of such petition.

7. May adjourn hearing; limitation of adjournment.

8. Proceedings at the adjourned hearing.

9. Assignees to be appointed, and how; effect of assignment.

10. Delivery of property assigned to be proved, or security to be given.

11. Applicant when ordered to be discharged; duty of sheriff thereupon.

12. Certain remedies reserved against property of such applicant, notwithstanding his discharge.

13. If convicted of perjury in the proceedings, execution may issue against his body. 14. Rights, powers, and obligations of the assignees.

15. Assignees how to dispose of the property assigned to them.

16. When creditors may notify debtors to apply for discharge under this Article.

17. Prisoner so notified, to be forever debarred, in certain cases, of the benefit of this Article, and of Articles 3 and 5.

ART. 6.

petition un

cle.

$1. Every person, except plaintiffs, and lessors of a plaintiff, and who may defendants, imprisoned for costs only, who shall be imprisoned by der this Arti virtue of one or more executions in civil causes, upon which there shall be due, a sum not exceeding five hundred dollars, may at any time petition the court from which such process issued, or the court of common pleas of the county in which he is imprisoned, for his discharge from such imprisonment, on his compliance with the provisions of this Title. 50

Ib.

$ 2. Every person so imprisoned for a sum exceeding five hundred . dollars, may in like manner petition for his discharge, after he shall have been imprisoned for three months. 51

Notice how

$3. Fourteen days previous notice of the time and place at which such petition will be presented, together with a copy of such petition served. and the account of his estate herein after directed, shall be personally served by such debtor, on the creditors at whose suit he shall be imprisoned, their personal representatives or their attorney.51

54. Such petition shall set forth the cause of the imprisonment of Contents of the applicant, and shall have annexed to it, a just and true account petition. of all his estate real and personal, in law and equity, and of all charges affecting the same, both as such estate and charges existed at the time of his imprisonment, and as they exist at the time of preparing such petition; together with a just and true account of all deeds, secu- Account. rities, books and writings whatsoever relating to the said estate and the charges thereon, with the names and places of abode, of the witnesses to such deeds, securities and writings.51

(50) 1 R. L. 349, § 4 & 5 ; Session laws of 1818, chap. 203, § 49; Laws of 1818. p. 156, 3. (51) 1 R. L. 349, § 4.

TITLE 1. $5. At the time of presenting such petition, the following affidavit shall be endorsed thereon, and shall be sworn to by the applicant:

Affidavit.

Court how to proceed.

Adjournment of hearing.

Proceedings

at adjourned

day.

Assignees to be appointed.

Assigned property.

Discharge

when order. ed.

"I, the within named petitioner, do swear, (or affirm, as the case may be) that the within petition and account of my estate and of the charges thereon, are in all respects just and true; and that I have not, at any time or in any manner, disposed of or made over, any part of my property, with a view to the future benefit of myself or my family, or with an intent to injure or defraud any of my creditors."'52

$6. Upon the presenting such petition, and due proof being made of the service of a copy thereof, and of the account thereto annexed, with the notice herein before required, the court shall order the applicant to be brought before it, on a day to be assigned; and on such day, and such other days as the court shall appoint during the same term, shall proceed in a summary way to hear and determine the proofs and allegations of the parties, and may examine the applicant or his wife, or any other person, on oath; and if satisfied that the petition and account of the applicant are correct, and that his proceedings are just and fair, shall order an assignment to be made of all his property, (except the articles which are by law exempt from execution) or of so much thereof, as shall be sufficient to discharge the executions on which he shall be imprisoned. 52

$7. Upon sufficient cause shown by any creditor, the court may adjourn the hearing of such petition to the next term thereof; but no adjournment shall be made, extending beyond the next term. 52

$8. At such adjourned hearing, no objections to matters of form shall be received; and unless the opposing creditor shall then be able to satisfy the court, that the proceedings on the part of the prisoner are not just and fair, the court shall order an assignment as aforesaid, and grant a discharge as herein after directed. $2

$9. The court shall appoint one or more assignees, and the assignment shall be made to the persons so appointed by an endorsement on such petition; which shall vest in the assignees, all the estate, right and interest of the applicant, in all the property, real and personal, so directed to be assigned, for the benefit of the creditors upon whose executions he is imprisoned.52

$10. Such applicant shall furnish satisfactory evidence to the court, of the actual delivery to the assignees so appointed, of all the property so directed to be assigned; or he shall give such security for the future delivery thereof, as the court shall approve. 53

$11. Upon such assignment being made, and such evidence or security being furnished, the court shall order the discharge of the applicant from his imprisonment, by virtue of any execution which shall

(52) 1 R. L. 349, § 4. (53) Laws of 1818, p. 10, § 1 & 2.

have been specified in his petition; and the sheriff shall discharge ART. 6. him accordingly, on being served with such order, without any detention on account of any fees.54

applicant

$12. Notwithstanding such discharge, the party in whose favor Property of any execution shall have been issued, shall be entitled to the same still liable. remedies against such applicant, by execution against his property only, or by suit on the judgment upon which such execution was issued, for any balance that may be due thereon, as he might have had, if such execution had not been issued; but the applicant shall not be held to bail in any such suit, nor shall execution issue against his person, on any judgment obtained therein. 55

Itable.

13. If the applicant shall be convicted of perjury in any of the Body when proceedings authorised by this Article, the party at whose suit he was imprisoned, may issue execution against the body of such applicant.55 $14. The assignees shall be vested with all the rights in, and pow- Rights, &c. ers over, the property so assigned, which are specified in the eighth Article of this Title; and shall be subject to the same duties, obligations and control in all respects, except as herein otherwise provided.

of assignees.

$15. It shall not be necessary for such assignees to publish any Their duty, notice, calling a general meeting of creditors; but they shall proceed to collect, sell and distribute the proceeds of the property assigned to them, as follows:

1. They shall pay the jail fees, on the imprisonment and discharge of such applicant:

2. They shall distribute the nett produce of the property that shall come to their hands, among the creditors who charged such applicant in execution, previous to the exhibition of his petition, in proportion to the amounts due on their respective executions; and for that purpose, shall give personal notice to such creditors or their attorneys, of the time and place of making a dividend, instead of publishing such

notice:

3. They shall pay over to such applicant or his personal representatives, the surplus which may remain, after discharging such executions, and defraying their expenses.

54

316. When any person shall have remained charged in execution for the space of three months, after being entitled to make an application for his discharge according to the provisions of this Article, without having made such application, and without having applied for a discharge, under the third or fifth Articles of this Title, any creditor, at whose suit he shall have so remained charged, and his personal representatives, may, by notice in writing subscribed by him or them, require such prisoner to make application for his discharge according to the provisions of this Article. 56

(54) 1 R. L. 349, § 4. (55) 1 R. L. 351, § 7. (56) 1 R. L. 353, § 13. VOL. II. 5

Debtor may

be notified to

piy for dis

charge.