TITLE 1.

Person refusing to be

any of them, touching all matters relative to the debtor, his dealings and estate, and touching the detention or concealment of any part of his property, and touching the indebtedness of any person to such debtor; and shall reduce the examination to writing; which the person so examined is hereby required to sign, and which shall be attested by the officer.8

$ 14. If any person so brought before such officer, shall refuse to sworn, Soy, to be sworn, or to answer satisfactorily, all lawful questions put to him,

be commit

tod.

Proceedings

in ease he

corpus.

or shall refuse to sign the examination, not having a reasonable objection thereto, to be allowed by such officer, the said officer shall by warrant commit such person to prison, there to remain without bail, until he shall submit to be sworn or to answer as required, or to sign such examination; in which warrant, the particular default of the person committed shall be specified; and if it be, in not answering any question, such question shall also be specified therein.80

$15. If any person so committed, shall bring a writ of habeas brings habeas corpus, he shall not be discharged by reason of any insufficiency in the form of the warrant of commitment; but the court or officer before whom such person shall be brought, shall re-commit such person, unless it shall be made to appear that he hath answered all lawful questions put to him, or had sufficient reason for refusing to sign the examination, as the case may be; or unless such person shall then answer, on oath, the questions so put to him.80

Sheriff suffer

so to escape,

ed.

$ 16. Any sheriff or jailer wilfully suffering any person so coming such permitted or re-committed, pursuant to the foregoing sections, to escape, how punish shall be liable to indictment for a misdemeanor; and on conviction thereof, in addition to any other punishment the court may inflict, shall forfeit to the trustees a sum equal to the whole amount of debts due to the creditors of such debtor, not exceeding two thousand five hundred dollars.80

Persons au

swering not liable to penalty, &c.

Persons discovering ef

$ 17. The person so examined, and answering to the satisfaction of the officer, shall not be liable to any penalty imposed in this Article for concealing and not delivering any property, or paying any debt; but his answers on such examination, may be given in evidence in the same manner, and with the like effect, as if they had been made in answer to a bill in equity filed by such trustees.

$ 18. Any person who shall discover to the trustees any secreted fects entitled effects, property, or things in action, belonging to such debtor, so to premium. that they shall be recovered by them, shall be entitled to ten dollars on the hundred dollars, and at that rate, on the value of the effects so discovered, to be paid by the trustees, out of the estate of such debtor ; but this section shall not extend to persons who have such property, effects or things, in their own possession.81

(80) 1 R. L. 160, § 12; 467, § 16. (81) 1 R. L. 161, § 14.

A

$ 19. If any controversy shall arise between the trustees and any ART. 8. other person, in the settlement of any demands against such debtor,

referred to re

or of debts due to his estate, the same may be referred to three in-sies may be different persons, who may be agreed upon by the trustees and the ferees party, with whom such controversy shall exist, by a writing to that effect, signed by them.82

plication for

of referees.

$20. If such referees be not so selected by agreement, then the Notice of aptrustees may serve a notice on the other party to such controversy, of appointment their intention to apply to the officer who appointed them, or to any other officer of like authority residing in the same county, for the appointment of referees, specifying the time and place when such application will be made; which notice shall be served at least ten days before the time so therein specified.82

be nominat.

$21. On the day so specified, the trustees may nominate two per- Referees to sons, not being creditors of such debtor, or otherwise interested; and ed. the other party to such controversy, or in case of his absence or refusal, the said officer, on due proof of the service of such notice, in his place, shall nominate two indifferent persons.82

$22. The names of the persons thus nominated, shall be written on four pieces of paper, as similar in all respects as may be, which shall be rolled up separately and put into a box, and from thence the said officer shall draw out three of them; and the persons whose names are so drawn, shall be the referees to determine the controversy.

82

Three to be

drawn for.

be certified,

$ 23. The officer before whom they shall be selected, shall certify Selection to such selection in writing. Such certificate, or the written agreement and rule en of the parties, shall be filed by the trustees in the office of a clerk of tered. the supreme court, when the trustees were appointed under the first Article of this Title; and in the said office, or in that of the clerk of the court of common pleas of the county, when the trustees were appointed under any other Article of this Title; and a rule shall thereupon be entered by such clerk in vacation or in term, appointing the persons so selected to determine the controversy.82

$24. Such referees shall have the same powers, and be subject to the like duties and obligations, and shall receive the same compensation, as referees appointed by the supreme court, in personal actions pending therein.82

Powers, &c. of referees.

Report of re

$25. The report of the referees shall be filed in the same office where the rule for their appointment was entered, and shall be con- forces. clusive on the rights of the parties, if not set aside by the court.82 $26. The trustees shall, as speedily as possible, convert the es- Trustees to tate, real and personal, of such debtor, into money. They shall keep tate into

(82) 1 R. L. 161, § 16; 469, § 21.

convert es

money.

TITLE 1. a regular account of all monies received by them as trustees; to which, every creditor, or other person interested therein, shall be at liberty, at all reasonable times, to have recourse.

Accounts, &C.

When and

how, to call

ing.

S 27. The trustees, within fifteen months from the time of their general meet- appointment, shall call a general meeting of the creditors of such debtor, by a notice to be published in the same manner, as herein before directed respecting the publication of the notice of their appointment; in which notice, they shall specify the place and time of such meeting, which time shall not be more than three months, nor less than two months after the first publication of such notice. Every such notice shall be published at least once in each week, until the time of such meeting. 8

Proceedings at such meet

ing.

Disbursements and

83

$ 28. At such meeting, or other adjourned meeting thereafter, all accounts and demands, for and against the estate of such debtor, shall be fairly adjusted, as far as the same can be ascertained, and the amount of monies in the hands of the trustees declared.

$29. Out of the monies in their hands, the trustees may first decommissions. duct all the necessary disbursements made by them in the discharge of their duty, and a commission at the rate of five per cent. on the whole sum which shall have come into their hands.84

Duty of trustees under Article 1.

Ib.

U. S. &c. to

S 30. If they shall have been appointed trustees under the first Article of this Title, they shall pay to every attaching creditor the amount of any recovery which may have been had against him, on any bond he may have executed for the purpose of retaining any property or any vessel, for the benefit of all the creditors, and his costs for defending any such suit.

S31. Whenever any bond shall have been executed by an attaching creditor for the purpose in the last section specified, the trustees shall retain a sufficient sum from the monies in their hands to indemnify such creditor, until a final determination be had, respecting his liability.

$ 32. They shall pay all debts due by such debtor to the United be first paid. States, and all debts due by him to persons who, by the laws of the United States, have a preference in consequence of having paid money as sureties of such debtor.

Remainder

how distributed.

$ 33. They shall distribute the residue of the monies in their hands, among all those who shall have exhibited their claims as creditors, and whose debts shall have been ascertained, in proportion to their respective demands, and without giving any preference to debts due on specialties, as follows:

(83) 1 R L. 161, § 17; 469, § 21. (84) 1 R. L. 164, § 27; 469, § 22.

1. In the case of proceedings under the first Article of this Title, ART. 8. among those who were creditors at the time of issuing the first warrant of attachment:

2. In proceedings under the third and fifth Articles of this Title, among those who were creditors at the time of the execution of the assignment by the insolvent :

3. In proceedings under the fourth Article, when an assignment was executed by any officer as therein directed among those who were creditors at the time of the first publication of notice to creditors to appear and determine whether they will unite in a petition; and when the assignment was voluntary, among those who were creditors at the time of the execution thereof:

4. In proceedings under the sixth Article, among those creditors, at whose suit the debtor was imprisoned on execution at the time of his discharge.85

from debtor

&c.

$34. In making such distribution, the trustees shall first pay all Debts due debts that may be owing by the debtor as guardian, executor, admi- as guardian, nistrator or trustee ; and if there be not sufficient to pay all debts of the character above specified, then a distribution shall be made among them, in proportion to their amounts respectively.

whose debts

are not due.

$35. Every person to whom a debtor (except one proceeding un- Creditors der the sixth Article,) shall be indebted on a valuable consideration, for any sum of money not due at the time of such distribution, but payable afterwards, shall receive his proportion with other creditors, after deducting a rebate of legal interest upon the sum distributed, for the time unexpired of such credit. 86

dits, &c.

$36. Where mutual credit has been given by any debtor (except Mutual crea debtor proceeding under the sixth Article of this Title,) and any when set of other person, or mutual debts have subsisted between such debtor and any other person, the trustees may set off such credits or debts, and pay the proportion or receive the balance due. But no set-off shall be allowed of any claim or debt, which would not have been entitled to a dividend, as herein before directed.87

demands

$37. No set-off shall be allowed by such trustees, of any claim or Set-offs of debt, which shall have been purchased by, or transferred to, the person purchased. claiming its allowance, which could not have been set-off by him, according to the provisions of this Article, in a suit brought by such

trustees.

ing.

338. If, at the time any dividend is made, any prosecution be suits pendpending against the trustees, in which a demand against such debtor may be established, the trustees may retain in their hands, the pro- Proportion to portion which would belong to such demand if established, and the

(5) 1 R. L. 161, § 16; 468, § 19. (86) Ib. 162, § 18; 468, § 18. (87) Ib. 469, § 20.

be retained.

TITLE 1.

Penalties re

covered by trustees.

If whole estate not dis

tributed on

first dividend,

yearly divi

dends to be made.

Creditors omitting to deliver accounts on

necessary costs and expenses of such suit or proceeding, to be applied according to the event of such proceeding or suit, or to be distributed in a second or other dividend.

$39. All penalties which shall be recovered by any trustees, pursuant to the provisions of this Title, shall be deemed a part of the estate of the debtor, and shall be distributed as such among his creditors.

S40. If the whole of such debtor's estate be not distributed on the first dividend, the trustees shall, within one year thereafter, make a second dividend of all the monies belonging to the estate of the debtor, then in their hands, among the creditors entitled thereto as herein before specified; and in the same manner from year to year, so long as any monies belonging to the estate of such debtor shall remain in the hands of the trustees, they shall make a dividend thereof among the creditors entitled thereto.88

S41. Any creditor who shall have neglected to deliver to the trustees an account of his demand, before the first, second, third, or other first dividend, dividend, and who shall deliver his account to them before the se

&c.

Unclaimed dividends.

Surplus to be paid to debt

or.

cond, or other subsequent dividend, shall receive the sum he would have been entitled to, on any former dividend, before any distribution be made to other creditors.88

S 42. If any dividend that shall have been declared, shall remain unclaimed by the person entitled thereto for one year after the same was declared, the trustees shall consider it as relinquished, and shall distribute it, on any subsequent dividend, among the other creditors. $43. If after settling the estate of any debtor, and after discharging his debts, entitled to a dividend, any surplus shall remain in the hands of his trustees, the same shall be paid to such debtor or his legal representatives.89

Allowance to $ 44. Every debtor who shall be discharged under the third, fourth

certain debt

ors.

Trustees to render account on

oath.

or fifth Articles of this Title, shall be allowed the sum of five per cent. on the nett produce of all his estate, that shall be received by the assignees, to be paid to him by them, in case such nett produce, after such allowance made, shall be sufficient to pay the creditors of such debtor, entitled to a dividend, the sum of seventy cents on the dollar, on the amount of their debts respectively, as the same shall have been ascertained; but the said allowance shall not exceed in the whole, the sum of five hundred dollars.90

$45. Within ten days after any dividend made by any trustees, they shall render on oath, and file with the clerk of the court of common pleas of the county in which they reside, or with a clerk of the

(88) 1 R. L. 161, § 17 & 19; 470, § 23. (89) Ib. 162, § 17; 468, § 19. (90) Ib. 470, § 24; Laws of 1819, p. 117, § 4.