Page:United States Statutes at Large Volume 2.djvu/274

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233 SEVENTH CONGRESS. Sess. II. Cir. 31. 1803. petitioning debtor is confined, and at such time as the said judge may appoint; and it shall be the duty of the said judge, and of the clerk, of the county, to attend at the time and place appointed; and on the appearance of the creditors, either in person or by attorney, agreeably to the notification, or on their neglect to appear, the said judge shall Oath or anir· administer to the debtor the following oath: “I, A. B. do swear (or '“**“°" °*`“”*"’ solemnly, sincerely and truly declare and affirm,) that I will deliver up, °°l""ld°bm‘ convey and transfer, for the use of my creditors, all my property that I have any title to or claim any interest in, whether in possession, remainder or reversion, and all claims, rights and credits that I have or am in any manner entitled to; and that I have not at any time given, sold, conyeyed, lessened or disposed ozfgrj gre ¥ps)eup)r (bprgpggrogrpnygilg or an other erson or persons any pa y 1 p r y claim;, rightspor credits, thereby to defraud my creditors, or any of them; or to secure the same with a view or expectation to receive any profit, Trustee ap- benefit or advantage thereby," and the saidjudge shall thereupon appoint P°“"°d· such person, as a majority of the creditors m value, their agents or attor. nies then prespnz shall l“€0f)mXI:1GIIi)d, to bea trustee, for the bgnefit of the creditors o the petitroning e tor; or in case o non-atten ance of the creditors, or of their not making a recommendation, the said justice shall name such person as he shall think proper, to be a trustee as aforesaid. Who shall give Sec. 2. And be it further enacted, That before the said trustee shall l>_<>¤<l and Sew- proceed to act, he shall give bond to the United States in such penalty ml" and with such security as the said judge shall approve, conditioned for the faithful performance of his trust, which shall be recorded in the Aeertinedco- clerk’s office of the count in which the proceedings are had`; and a Y . . . PY of the b°¤d certified copy thereof shall be received as evidence in any court of law t° b° °“d°"°°' in the United States; and the said bond may be sued in the name of the United States, for the use of any person or persons who may conceive him or themselves aggrieved by the negligence or misconduct of In case of the trustee. And in case of the death or refusal to act of any trustee,

l°¤lht°' '°*`;*:°l the said judge may appoint another in his place, who shall give bond in

,°j,p?,j°n{_,:l°· H manner as aforesaid. _ · I _ The petition. Sec, 3. And be it further enacted, That upon the petitioning debtor’s Nj]! d°gt°' 6;*** executing a deed or deeds to the said trustee, conveying all his property, Z,,:,`?;,,;:,,? S, real, personal and mixed, and all his claims, rights and credits, agreeably deeds to the to the oath or anirmation of the said debtor, and on delivering all his {F“°*F°»,?d is said property which he shall have in his possession, together with his S;:,`;"!;,,,; Pm,} books, papers and evidences of debts of every kind, to the said trustee, books and pa- and the said trustee’s certifying the same to the said judge in writing, Pm- it shall be lawful for the said judge to make an order to the marshal, `ailer or kee er of the rison, in which said debtor is then confined .l _ P P _ . commanding that the said debtor shall be thenceforth discharged from his imprisonment; and he shall be immediately discharged, and the Pr¤vi¤¤. mst said order shall be a sufficient warrant therefor: Provided, that no E: lj)';';:“g,:`{h; person who has been guilty of a breach of the laws, and who has been of , breach of imprisoned for or on account of the same shall be discharged from im- ¤l¤9l¤W=¤¤dl¤¤- risonment: And rovided likewise, that an ro ert which the debtor risoned there P P · Y p P y {lm, mu be dis; may afterwards acquire, (except the necessary wearing apparel and bedcharged from ding for his family, and his tools, if a mechanic or manufacturer,) shall ¤¤¤l¤ ¤¤¤¤¤¤¤¤- be liable to the payment of his debts, any thing herein to the contrary mm' notwithstanding. Wearing ep. Sec. 4nd be it further enacted, That the said judge may allow t;;;¤l;0°j;¤·L•y¤s such petrtromng debtor and his family, to retain their necessary wearing md, al10W8d_ apparel and bedding, and if the said debtor be a mechanic or manufacturer, he may likewise retain the tools of his trade. _ Property of the Sm. 5. And be at further enacted, That the said judge may direct d°l>*°* l¤<>W¤°ld· the trustee to sell and convey the property of the petitioning debtor, at