TITLE 1. if no sufficient cause be shown by him to the contrary, the said officer, upon proof being made of the service of the said order, and of the neglect of the debtor to comply therewith, Assignment shall execute an assignment of all the estate of such debtor by officer. to the assignees nominated by the petitioning creditors, for the benefit of all the creditors of the debtor.

Effect of assignment.

Debtor precluded from

except on

certain pro

ceedings.

$ 19. The assignment so executed by such officer, shall be equally valid, and have the like effect, upon all the real and personal property, which such imprisoned debtor had, on the first day of the publication of the notice to his creditors, herein before required, as if such assignment had been executed by such debtor, voluntarily on that day.

$ 20. Every such imprisoned debtor, who shall refuse or discharge, neglect to render such account and inventory, and to execute such assignment, pursuant to any order made as herein directed, shall thereafter be precluded from obtaining any discharge from his imprisonment, in any other manner than upon a petition by himself, and by so many of his creditors who were such at the date of the order for publication of notice to the creditors, as are required by the preceding sections of this Article, to unite in a petition to compel an assignment.

Proceedings, if he

tion.

$21. Upon any such imprisoned debtor making an appliand his cre- cation for his discharge, in conjunction with his creditors, as ditors peti- in the last section specified, the same proceedings in all respects shall be had thereon, as are prescribed in the preceding third Article of this Title; except that any assignment which shall be executed by such debtor pursuant to such application, shall be made to the same assignees, to whom any assignment of such debtor's estate shall have been made by any officer under the provisions of this Article, or to such of them, as shall be alive and competent to act; and if there be none, to such assignees as the officer entertaining the proceedings shall appoint.

[28]

Property to vest in offi

ees.

S22. Whenever any assignment shall be executed by any. cer's assign officer as herein provided, in consequence of the refusal or neglect, of an imprisoned debtor to execute the same, all property, except such as shall be by law exempt from execution, which such debtor shall acquire during his imprisonment and after the first publication of the notice to creditors, shall be deemed to vest in the assignees appointed by such officer, by virtue of the assignment so by him executed.

ARTICLE FIFTH.

OF VOLUNTARY ASSIGNMENTS BY AN INSOLVENT, FOR THE PURPOSE of
EXONERATING HIS PERSON FROM IMPRISONMENT.

SEC. 1. Insolvent's petition to whom to be presented.

2. Petition to be accompanied by schedule and affidavit.

3. Officer to make order requiring creditors to show cause.

4. Notice of such order how published.

5. Opposing creditor may demand a jury,

SEC. 6. Jury to be summoned, as prescribed in Article third.

7. Certain provisions of Article third, extended to this Article.
8. When officer is to direct an assignment.

9. Assignment how to be executed, and its effect.

10. When officer to grant a discharge.

11. Insolvent to be discharged from imprisonment.

12. Debts not affected by discharge; after-acquired property liable. 13. When discharges shall be void.

&c.

ART. 5.

S1. Every insolvent debtor may present a petition to any Petition, of the officers mentioned in the first section of the seventh Article of this Title, or to any judge of a county court, 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, and if in prison, that he may be discharged from his imprisonment.

1 R. L., 463, § 6; Laws of 1819, 115, § 1 & 4; 1 B.,
R., 113.

301;

3 How. P.

and affi

$ 2. On presenting such petition, the insolvent shall deliver Schedule, therewith a schedule containing an account of his creditors davit. and an inventory of his estate, similar in all respects to the account and inventory required of an insolvent by the third Article of this Title; and shall annex to the said petition and schedule the following 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:

"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 delivered, 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 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."

Laws of 1819, 115, § 2.

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show cause.

$3. Upon receiving such petition, schedule and affidavit, Order to 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.

order.

$ 4. Notice of the contents of such order, shall be published Notice of for 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. § 5. Every creditor opposing the discharge of an insolvent Demand of under 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

a jury.

TITLE 1. hearing on such petition, a specification in writing of the grounds of his objections.

Pooceedings.

Ib, Debtor may be ex

Laws of 1819, 115, § 7.

$6. The same proceedings shall be had for the summoning and 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.

S7. The petitioner may be examined before the jury or amined, &c. officer, in the same manner as prescribed in the said third Article; 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 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.

Assign. ment when to be directed.

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How exc

S8. 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 Article, 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 by law exempt from execution.

Laws of 1819, 116, § 2.

$ 9. The insolvent shall execute an assignment, with the cuted, &c. 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.

Discharge when to be granted.

Its terms

and effects.

$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 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.

1

though payable afterwards; and by reason of any liabilities mcurred 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.

Laws of 1819, 118, § 11.

*ART. 6.

discharged

$ 11. If such insolvent be in prison, in any suit or proceed- Insolvent ing, founded upon any contract or liability, as to which he is from prison 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.

Laws of 1819, 116, § 3; 24 W., 366.

$ 12. No debt, demand, judgment or decree, against any Debts not 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.

Laws of 1819, 117, § 6.

when void.

S13. Every discharge granted to an insolvent under this Discharge 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.

Laws of 1819, 117, § 5.

ARTICLE SIXTH.

OF VOLUNTARY ASSIGNMENTS BY A DEBTOR IMPRISONED IN EXECUTION
IN CIVIL CAUSES.

SEC. 1. Debtors charged in execution, may petition for their discharge.

2. When certain other imprisoned debtors may petition.

3. Notice to be served on the creditor.

4. Contents of petition; account to be annexed.

5. Affidavit to petition.

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, effect of assignment.

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

11. Applicant when ordered to be discharged.

12. Certain remedies reserved against property of such applicant.

13. If convicted of perjury, execution may issue against his body.

14. Rights, powers, and obligations of the assignees.

15. Assignees how to dispose of the property assigned.

16. When creditors may notify debtors to apply for discharge.

17. Prisoner so notified, to be forever debarred, in certain cases.

[31]

$1. Every person, who shall be imprisoned by virtue of petition us

Who may un

TITLE $1. der this Article.

Ib.

Notice how served.

Contents of petition.

Account.

[32]

Affidavit.

Court how to proceed.

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.

1 R. L., 349, §§ 4 & 5; Session Laws of 1813, ch. 203, § 49; Laws of 1818, 156, § 3; Laws of 1847, ch. 390; 25 W., 698; 4 Pai., 398; 3 Pai., 38; 5 Ab., 141; 1 Ed., 114; 14 How. P. R., 498. Post, vol. 4, p. 630. 25 How. P. R., 429; 16 Ab., 233; 14 Ab., 45.

$ 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.

S3. Fourteen days previous notice of the time and place at which such petition will be presented, together with a copy of such petition 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.

1 R. L., 349, § 4; 12 N. Y., 333; 20 W., 237.

S.4. Such petition shall set forth the cause of the imprisonment of the applicant, and shall have annexed to it, a just and true account 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 existed at the time of preparing such petition; together with a just and true account of all deeds, securities, 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.

1 B., 301; H. & D., 83; 3 How. P. R., 113.

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

"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."

5 N. Y., 106.

$ 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