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vent Debtor.

Chapter One Hundred and Forty-Three of Revised Statutes of 1846.

Petition of Insol (5437.) SECTION 1. Every insolvent debtor may present a petition to any of the officers mentioned in the sixth section of the last preceding chapter, praying that his estate may be assigned for the benefit of all his creditors, and that his person may thereafter be exempted from arrest or imprisonment, by reason of any debts arising upon contracts previously made, or of any judgments existing against him in civil cases, and if in prison, that he may be discharged from his imprisonment.

Schedule and af fidavit.

(5438.) SEC. 2. On presenting such petition, the insolvent shall deliver therewith a schedule containing an account of his creditors, and an inventory of his estate, similar in all respects to the account and inventory required by the last preceding chapter; and shall annex to the said petition and schedule an affidavit, which shall be taken and subscribed by him, before the officer to whom such petition is presented; and shall be certified by such officer, in the form following: "I do swear (or affirm, as the case may be), that the account of my creditors, with the places of their residence,

and the inventory of my estate, with the evidences of my title thereto, which are herewith presented, are in all respects just and true, and that I have not at any time, or in any manner whatsoever, disposed of, or 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, 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."


(5439.) SEC. 3. Upon receiving such petition, schedule and Order to show affidavit, the officer 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.

(5440.) SEC. 4. Notice of the contents of such order, shall Notice of order. be given as directed in the last preceding chapter, respecting notices upon the application of an insolvent in conjunction with his creditors.


(5441.) SEC. 5. Every creditor opposing the discharge under Demand of a Juthis chapter, 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 objection.

(5442.) SEC. 6. The same proceedings shall be had for Proceedings. selecting, summoning and empanneling a jury, who shall hear the proofs and allegations of the parties, and render their verdict in the same manner, and with like effect, as prescribed in the last preceding chapter; 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.

examined, etc.

(5443.) SEC. 7. The petitioner may be examined before the Debtor may be jury or officer, in the same manner as prescribed in the last preceding chapter; and may in 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 support of himself and his family; and if it shall appear that he has preferred any creditor as in the said chapter specified, he shall in like manner be precluded from obtaining any discharge under the provisions of this chapter.

When assignment to be directed.

A ssignments to be executed and recorded.

Discharge when to be granted.

Terms and effect

of discharge.

1 Paige, 301.

For what causes

discharge shall

(5444.) SEC. 8. If the jury shall find in favor of the petitioner, or in case of their disagreement, or of no jury being required, if the officer before 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 chapter, but has in all things conformed thereto; in either case, such officer shall direct 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 exempt from sale on execution.

(5445.) SEC. 9. The insolvent shall execute an assignment with the like effect as declared in the last preceding chapter, respecting the assignment of a debtor petitioning in conjunction with his creditors, and cause the same to be recorded in like manner.

(5446.) SEC. 10. Upon producing and proving a certificate of the assignees, and of the Register of Deeds, as prescribed in the last preceding chapter, 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 seal.

(5447.) SEC. 11. Such discharge shall declare, 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, or of any judgment in any civil suit existing against him at the time of such assignment, 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.

(5448.) SEC. 12. But such discharge shall not exempt the not exempt per person to whom it is granted from arrest or imprisonment for any of the causes specified in the fourth section of chapter one hundred and forty-one of these Revised Statutes, if such

son from imprisonment.

Chapter 166.

cause shall occur at any time after the granting of such dischargé.

discharged from

(5449.) SEC. 13. If such insolvent be in prison in any suit Insolvent to be or proceeding, founded upon any contract or liability, as to imprisonment. which he is exempted from imprisonment according to the preceding provisions, he shall be discharged therefrom on producing his discharge granted pursuant to the provisions of this chapter.

ed by discharge.

(5450.) Sec. 14. No debt, demand, judgment, or decree Debts not affect against any insolvent discharged under this chapter, shall be affected or impaired by such discharge, but shall remain valid and effectual against all the property of such insolvent acquired after execution of his assignment.


(5451.) SEC. 15. Every discharge granted to an insolvent Discharge when under this chapter, shall be void in the same cases, so far as they are applicable, in which a discharge granted under the last preceding chapter is therein declared to be void.

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5452. To what officer application to be made. 5453. Discharge void if obtained by collusion. 5454. When application may be made to officer

of another County.

5455. Proceedings how continued in case of
death, etc., of officer.

5456. Corporations deemed creditors, etc.
5457. Partners and joint companies.
5458. Creditors residing out of State may peti-
tion, etc.

5459. Debts purchased for less than their nom-
inal amount.

5460. Creditors having security.
5461. Liability of creditors swearing falsely.
5462. Hearing may be adjourned; debtor, etc.,
may be examined.

5463. Appearance of Witness how enforced, and
how compelled to testify.

5464. Liability of Witness for damages.


5465. Officer to keep minutes of testimony.
5466. Liability of Juror neglecting to attend.
5467. Fees of Sheriff, etc.

5468. Discharge to be recorded; Evidence.
5469. Assignments to be recorded; Evidence.
5470. Insolvent arrested after discharge, how to

5471. Causes which may be shown against

5472. Assignees refusing to sign certificate to be
cited, etc.

5473. When Insolvent may be discharged, not.
withstanding refusal.

5474. Appointment of assignees may be revoked.
5475. And new assignment directed.
5476. Proceedings to be filed with Clerk.
5477. Debts, etc., to United States, not affected.
5478. What debts, etc., to this State, embraced
in this Title.

To what officer

application to be inade.

Discharge void if obtained by collusion.

may be made to


Chapter One Hundred and Forty-Four of Revised Statutes of 1846.

(5452.) SECTION 1. Application under the two last preceding chapters shall be made to an officer residing in the county in which the petitioning debtor resides, or is imprisoned; and proof of such residence or imprisonment shall be made at the time of presenting the petition, and before any order shall be granted thereon.

(5453.) SEC. 2. When the petitioning debtor shall, by any collusion with any prosecuting creditor, procure himself to be imprisoned in a county different from that of his residence, for the purpose of obtaining a discharge, a discharge granted in such county where the applicant is imprisoned by collusion, shall be void; and if such collusion shall be proved on the hearing, it shall defeat the application.

When application (5454.) SEC. 3. If there be no officer authorized to receive officer of another the petition of any such debtor, residing within such county, and not interested as creditor or otherwise, to whom such application can be made, then the application may be made to any such officer residing in any other county; but no place shall be appointed for the hearing on any application, out of the county in which the petitioning debtor resides or is imprisoned.

continued in case


Proceedings how (5455.) SEC. 4. In case of the death, sickness, resignation, of death, etc., of removal from office, absence from the county of his residence, or other disability of any officer, before whom any proceedings may have been commenced under the provisions of either of the two last preceding chapters, the said proceedings may be continued by his successor in office, or by any other officer residing in the same county, before whom such proceedings might have been originally commenced, in the same manner, and with the like effect, as if originally commenced before him. (5456.) SEC. 5. A corporation shall be deemed a creditor within the meaning of the provisions of this title, and may present or unite in any petition as other creditors; and any such petition may be signed by a Director or other officer of the corporation, thereto duly authorized under its common seal; and any affidavit required of creditors, may be made and signed by such Director or officer.

Corporations deemed creditors, etc.

Partners and

joint companies.

(5457.) SEC. 6. Whenever partners or joint companies are creditors of any debtor, any petition, and any affidavit required

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