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A PRACTICAL TREATISE UPON THE BANKRUPT LAW OF THE UNITED STATES.

BY R. FIELDS. ATTORNEY AT LAW.

COPY RIGHT SECURED.

BOSTON: PRINTED BY B. EDES & SON. 1800.

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ADVERTISEMENT.

THE Legislature of the UNITED STATES, by the act lately passed for an Uniform System of, Bankruptcy, having adopted the Principles of the Bankrupt Laws of England, the Author of this Pub­lication, conceived that a set of Precedents adapted to the Practice, would be acceptable to the Gentlemen of the Profession, and others who may be concerned in prosecuting Commissions under the said Act.—The following are therefore offered to the Public, which have been selected chiefly from those now in use in England; but where circumstances vary he has en­deavored to form others, which it is presumed will answer the purposes or which they are designed.—The English forms of legal Proceedings, being gene­rally considered too redundant for the Practice of this Country, the Author has aimed at brevity, as much as appeared to him consistent with necessary expla­nation.—A few Observations are interspersed with a view to facilitate a regular mode of Practice, and it is expected the work will be found of some utility.

Union Street, No. 29, BOSTON, May 31, 1800.
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A PRACTICAL TREATISE UPON THE BANKRUPT LAW.

BEFORE a Commission is applied for, it will be proper to consider whether the person against whom it is intended, is of such a Business that a Commission may be taken out against him, and that he has been guilty of an act of Bankruptcy, also that the person petitioning is, by himself or in part­nership a Creditor for 1000 Dollars, two 1500 Dollars, or more than two 2000 Dol­lars.—If a Creditor sues out a Commission and fails in either of these points, the Debtor will be entitled to recover such damages as mentioned in the 2d Section of the Act.

In order to obtain a Commission of Bank­rupt, the Creditor must first make an affida­vit, or (being a Quaker) an affirmation, of his Debt before the Judge of the District Court of the United States, for the District where the Debtor resides or usually resided at the time of committing the act of Bankruptcy, which affidavit may be in the following form.

Affidavit of Debt to obtain a Commission.

A. B. of, &c. maketh oath that G. H. of, &c. is justly and truly indebted unto [Page 4] him this deponent in the sum of 1000 dollars, for goods sold and delivered by this deponent to and for the use of the said G. H.

Affidavit of several petitioning Creditors.

A. B. of, & c. C. D. of, & c. E. F. of, &c. severally make oath and say, and first this deponent A. B. for himself faith, that G. H. of, &c. is justly indebted unto him this de­ponent in the sum of 1200 dollars, for, &c. And this deponent C. D. for himself faith, that the said G. H. is justly indebted unto him this deponent in the sum of 500 dollars. And this deponent E. F. for himself faith, that the said G. H. is justly indebted unto him this deponent in the sum of 300 dollars, for, &c.

When the affidavit is sworn, the party suing for the commission must cause a peti­tion to be preferred to the Judge of the Dis­trict Court as follows.

To the Honorable J. L Esq. Judge of the Dis­trict Court for the Massachusetts District.

The humble Petition of A. B. of &c.

Sheweth,

That as well for himself as for all other creditors of C. D. of [...] &c. and whereas the said C. D. using and exer­cising [Page 5] the trade of merchandize, became in­debted unto your petitioner in the sum of one thousand dollars, and in or about the month of [...] last past did become Bankrupt within the statute lately made, and entitled, "An Act to establish an uniform system of Bankruptcy throughout the United States," to the intent to defraud and hinder your petition­er and other his creditors of their just debts and duties to them due and owing. In con­sideration whereof, may it please your Honor to grant unto your petitioner a commission, to be directed to three such good and sub­stantial persons as your Honor shall deem pro­per to be commissioners of the said Bankrupt, for the purpose of executing the several pow­ers and authorities given by the said act.

The act provides, that no person shall be liable to a commission, unless the petition is preferred within six months after the act of bankruptcy committed.

Form of the Bond.

Know all men by these presents, that we A. B. of, &c. in the county of [...] and commonwealth of Massachusetts, merchant, as principal, and C. D. of, &c. in the said county of [...] and commonwealth of Mas­sachusetts, as surety, are holden and stand firmly bound, and obliged unto E. F. of [...] in the said county of in the full and just sum of [...] dollars, to be paid unto [Page 6] the said E. F. his executors, administrators or assigns, for the which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents, sealed with our seals, dated the [...] day of [...] in the year of our LORD, 1800

The condition of this obligation is such, that if the above bounden A. B. shall prove, as well before the commissioners to be ap­pointed in and by a commission of bankrupt against the said E. F. as upon a trial at law, in case the due issuing forth of the said commis­sion shall be contested, that the said E. F. is justly and truly indebted unto the said A. B. in the sum of 1000 dollars, and is become bankrupt within the true intent and meaning of the statute made and now in force concern­ing bankrupts. And if the said A. B. shall cause the said commission to be executed in the manner prescribed by the said act: Then the above written obligation to be void, or else to remain in full force and effect.

Signed, sealed and delivered in the presence of
  • A. B. (L. S.)
  • C. D. (L. S.)

A Commission of Bankrupt.

Massachusetts District. ss.
To A. B. C. D. and E. F.

Greeting. Whereas it has been duly represented to me [...] Judge of the District [Page 7] Court for the said Massachusetts District, that G. H. of [...] using the trade of merchan­dize, by buying and selling about [...] since, did become bankrupt within the statute en­titled, "An act to establish an Uniform Sys­tem of Bankruptcy throughout the United States," to the intent to defraud and hinder A. B. of [...], and other his creditors, of their just debts and duties to them due and owing. Now, therefore, I the said [...] by virtue of the power granted me in and by the said act, Do by these presents name, as­sign, constitute and appoint you the said A. B. C. D. and E. F. commissioners of the said bankrupt, for the purpose of executing the several powers and authorities given by the said act. IN TESTIMONY whereof, I the said [...] have hereunto set my hand and seal at Boston, the [...] day of [...] 1800.

J. L. (L. S.)

Any commission which shall be taken out as aforesaid, and not proceeded in within thirty days, may be superseded by the judge upon the application of the party charged as a bankrupt; or of any creditor, unless the delay shall have been unavoidable, or upon a just occasion.

When the commissioners have received the commission, they may require from the cre­ditor prosecuting the same, a bond for the payment of costs of prosecuting the commis­sion [Page 8] and afterwards they must qualify them­selves to act, by taking and subscribing the oath set forth in the 3d section of the statute, which is to be administered by the judge issu­ing the commission, or by any of the judges of the supreme court of the United States, or any judge, justice or chancellor of any State Court, and filed in the office of the clerk of the District Court.

Form of the Bond for Costs.

KNOW all Men by these Presents, That we A. B. of [...] in the county of [...] in the commonwealth of Massachusetts, mer­chant, as principal, and C. D. of [...] in the said county of [...] as surety, are holden and stand firmly bound and obliged unto A. B. C. D. and E. F. commissioners named and appointed in and by a commission of Bank­rupt, issued under the hand and seal of the the honorable John Lowell, Esq judge of the district court for the Massachusetts district, against [...] of [...] in the full and just sum of 1000 dollars, to be paid unto the said A. B. C. D. and E. F. their successors or assigns, for the which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals. Dated the [...] day of in the year of our Lord, 1800.

[Page 9] The condition of this obligation is such. That if the above-bounden A. B. shall well and truly pay, or cause to be paid, unto the said A. B. C. D. and E. F. their executors, administrators, successors or assigns, all such costs, charges and expenses which shall arise and accrue upon the prosecution of the said commission; then the above-written obliga­tion to be void, or else to remain in full force and effect.

Signed, sealed and delivered, in the presence of
  • A. B. (L. S.)
  • C. D. (L. S.)

The commissioners will then appoint the time and place of their meeting, to execute the com­mission, and declare the party a Bankrupt, of which reasonable notice in writing must be given him or her, or if not found at his or her usual place of abode, to some person of the family, above the age of 12 years, or if no such person appear, shall be fixed at the front or other public door of the house in which he or she usually resides.

Form of the Notice.

To G. H. of [...]

Whereas a commission of bankrupt hath been issued against you under the hand and seal of the honorable [...], Esq. Judge of the District Court for the Massachu­setts District, directed to us the undersigned, to be executed in due form of law. You are [Page 10] therefore hereby notified that we intend to meet at [...] on [...] the day of [...] at of the clock, [...], in order to proceed to execute the said commission; at which time and place you may attend if you think proper. Dated the [...] day of [...] 1800.

Commissioners.
  • A. B.
  • C. D.
  • E. F.

At this meeting the person charged as bankrupt may demand, before any examina­tion takes place, that a jury be impannelled to inquire into the facts alledged against him as the causes for issuing the commission, and on such demand, the inquiry must be had be­fore the judge granting the commission, at such time as he may direct; and in that case such person shall not be declared bankrupt, unless so sound by the verdict of the jury.

(As the proceedings are to be deposited once a year in the clerk's office, of the District court, it will be proper for the Commissioners to file every memorandum and paper, from time to time, to prevent their being lost or mislaid.)

Preamble to the Proceedings under the Commission.

At [...] the [...] day of [...] 1800.

Depositions, & Examinations and other Pro­ceedings had, awarded and taken under a Commission of Bankrupt issued against G. H. of [...] &c.

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Oath to be administered by the Commissioners to the Witnesses upon their Examination.

You shall true answer make to all such questions as shall be put to you, by virtue of this commission, against G. H.

Proof of the Petitioning Creditor's Debt.

T. A. of [...] &c. being sworn and examined the day and year, and at the place above written, upon his oath saith, That G. H. the person against whom this commission of bankrupt is awarded and issued forth, was before the date and suing forth of the said commission, and still is justly and truly in­debted unto him this deponent, in the sum of [...] for goods sold and delivered to the said G. H.

T. A.

After the petitioning creditor has proved his debt, you proceed to prove the trading, which, as well as the act of bankruptcy, must be established by witnesses who are not cre­ditors.

At [...] the [...] Day of [...] 1800.

A. B. of, A. B. &c. being sworn and exa­mined the day and year, and at the place above mentioned, before the commissioners named and authorized in and by a commission of bankrupt, awarded and issued, and now in pro­secution [Page] against G. H. of [...] upon his oath saith, that he hath known the said G. H. for the space of [...] last past, C. D. during which time, he did carry on the trace of a merchant, and did trade from the state of Massachu­setts, E. F. to [...] , and divers other parts beyond the seas, as other mer­chants usually do.

A. B.

At, &c.

A. B. of, A. B. &c. being sworn and exam­ined the day and year, and at the place above mentioned, before the com­missioners named and authorised in and by a commission of bankrupt a­warded and issued, and now in prose­cution against G. H. of [...] upon his oath saith, C. D. that he hath known the said G. H. for the space of [...] years now last past, during which time the said G. H. did use and exercise the trade and business of a banker, and as such was intrusted with the money, goods and effects belonging to other persons, E. F. and merchandized therewith, as others of the same trade and busi­ness usually do.

A. D.

At, &c.

A. B. of, &c. being sworn and exam­ined the day and year, and at the place above mentioned, A. B. before the commis­sioners [Page 13] named and authorised in and by a commission of bankrupt awarded and issued, and now in prosecution a­gainst G. H. of, C. D. &c. upon his oath saith, That he hath known the said G. H. for the space of [...] last past, during which time he carried on and exercised the trade and business of a Broker, E. F. in buying and selling stock by commission, and procuring, insu­rances on ships and cargoes, for lucre and gain, as others of the same trade and business are used to do.

A. B.

At, &c.

A. B. of, &c. being sworn and ex­amined the day and year, A. B. and at the place above mentioned, before the commissioners named and authorised in and by a commission of bankrupt awarded and issued, and now in pro­secution against G. H. of, C. D. &c. upon his oath saith, That he hath known the said G. H. for the space of [...] last past, during which time he used and exercised the trade of a Factor, E. F. by buying and selling goods by commis­sion, as others of the same trade usu­ally do.

A. B.

After the petitioning creditors debt, and the trading are established, the party must proceed to prove the act of bankruptcy.

[Page 14]

At, &c.

J. K. clerk to G. H. of [...] &c. the person against whom the commis­sion of bankrupt now in prosecution is awarded and issued, A. B. being sworn and examined on the day and year, and at the place above mentioned, before the commissioners in and by the said commission named and authorised, up­on his oath faith, That on [...] last, the said G. H. gave order to this examinant to deny his being at home, in case any of his creditors should come to his house to enquire for him; C. D. and that after this examinant had re­ceived such directions from the said G. H. one L. M. about [...] of the clock of the same day came to the dwelling-house of the said G. H. and enquired of this examinant for the said G. H. But this examinant denied his being at home, and refused to let the said L. M. see the said G. H. (who was then above stairs in his chambers as this examinant believes) pursuant to the order and direction by him, E. F. this examinant received from the said G. H. This examinant at the same time knowing that the said L. M. was a creditor of the said G. H.

J. K.
[Page 15]

At, &c.

J. K. of, &c. being sworn, &c. up­on his oath saith, A. B. That G. H. on the [...] day of [...] departed from and left his dwelling house, [or his lodgings in this examinant's house, and usual place of habitation] and hath not since returned to the same. And as this examinant verily believes, he is gone out of the state of Massachusetts C. D. in which he hath usually resided for some time past, and that he remains absent therefrom, and conceals him­self from his creditors, E. F. so that he can­not be taken or served with legal pro­cess, to compel payment of his just debts.

J. K.

At, &c.

Oliver Hartshorn, of Boston, in the county of Suffolk, A. B. Gentleman, (one of the deputy-sheriffs of the said county, and keeper of the goal in Boston, in and for the said county, being sworn and examined, &c. upon his oath saith, That on the [...] day of [...] last, C. D. he this examinant arrested the said G. H. by virtue of a writ of at­tachment, issued against him, at the suit of [...] and that he took and detained the said G. H. in custody, in the said goal, where he hath remained ever since, for want of bail, [Page 16] in the said suit, which said G. H. is, E. F. as this examinant is informed and be­lieves, the same person against whom the aforesaid commission is awarded.

Where the same witness deposes both to the trading and act of bankruptcy, one affida­vit will be sufficient.

If from the evidence produced, the com­missioners are satisfied the party is a bankrupt, they will make the following declaration.

At, &c.

MEMORANDUM. We the subscribers, com­missioners named and authorised in and by a commission of bankrupt, awarded and issued against G. H. late of, &c. (as described in the commission) having begun to execute the said commission, upon good proof upon oath before us this day had and taken, Do find that the said G. H. became a bankrupt within the true intent and meaning of the statute lately made and now in force concerning bankrupts, before the date and suing forth of the said commission; and we do therefore declare and adjudge him bankrupt accordingly.

  • A. B.
  • C. D.
  • E. F.

At this meeting it will be proper to appoint the three public meetings for the bankrupt to surrender, and notice in writing must be given to him, or left at his usual place of abode; but if in prison, personal notice is required— [Page 17] And notice must also be given in some Ga­zette, and such other public notice as the com­missioners may think necessary.

Form of Notice to the Bankrupt.

To G. H. of, &c.

Take notice that by virtue of a commission of bankrupt issued against you, directed to us the undersigned commissioners, and of which you have before been notified, We have declar­ed you a bankrupt; and you are hereby requir­ed to surrender yourself to us on the [...] and [...] days of instant, and on the [...] day of next, at [...] o'clock in the forenoon on each day, at [...] and make a full discovery and disclosure of all your estate and effects as by law required. Dated the [...] day of [...] 1800.

Com­mission­ers.
  • A B.
  • C. D.
  • E. F.

Form of the Public Notice to be given in some Gazette.

Whereas a commission of bankrupt is a­warded and issued sorth against G. H. late of [...] merchant, and he being declared a bankrupt, is hereby required to surrender him­self to us the undersigned commissioners, on the [...] and [...] days of [...] instant, and on the [...] day of [...] next, at [...] of the clock in the forenoon on each day, at [...] and make a full discovery and disclosure of [Page 18] his estate and effects; when and where the creditors are to come prepared to prove their debts, and at the first meeting to choose assig­nees, and at the last meeting the said bankrupt is required to finish his examination; and the creditors are to assent to, or dissent from, the allowance of his certificate.—All persons in­debted to the said bankrupt, or that have any of his effects, are not to pay or deliver the same, but to whom the said commissioners shall appoint.

Com­mission­ers.
  • A. B.
  • C D.
  • E. F.

Immediately upon the commissioners de­claring the party a bankrupt, they issue their warrant for seizure of his effects.—And the person executing the same, will keep possessi­on, 'till the commissioners have executed an assignment to the assignees—In case they think the bankrupt will abscond, or conceal him­self, they may issue a warrant to apprehend him.

Warrant of Seizure.

Whereas a commission under the hand and seal of J. L. Esq judge of the district court for the Massachusetts district, bearing date the [...] day of [...] grounded upon the statute lately made, and now in force, con­cerning bankrupts, hath been awarded and issued against G. H. of, &c. directed unto us the undersigned, and we having begun to put the said commission in execution; upon due [Page 19] examination of witnesses, and other good proof, upon oath before us taken, have found that the said G. H. did, before the date and suing forth of the said commission, become bankrupt within the true intent and mean­ing of the said statute, and we have adjudged him bankrupt accordingly. These are there­fore, by virtue of the said commission, and the statute therein mentioned, to will and re­quire, authorize and empower you, and each of you to whom this warrant is directed, to enter into, and open the houses, chambers, shops, warehouses, doors, and also to enter into all other place and places belonging to him the said G. H. where any of his goods or estate, deeds, books of account or writings shall be, and there take possession of the goods, money, and other estate, deeds, books of account or writings of him the said G. H. And such things as you shall so seize, you shall cause to be inventoried and appraised to the best va­lue, and the same you shall return to us with all convenient speed. And what you shall so seize, you shall safely detain and keep in your possession, until we shall give other order therein; and in case of resistance, or the not having the key or keys of any door or locks belonging to any place or places of him the said G. H. where any of his goods are, or are suspected to be, you shall break open, in the day time, or cause the same to be broke open, in the day time, for the better execution of [Page 20] this our warrant.

Given under our hands and seals the [...] day of [...] in the year of our Lord, 1800.
Com­mission­ers.
  • A. B.
  • C. D.
  • E. F.
To [...]

First Public Meeting.

This meeting is for the proof of debts, choice of assignees, and to take the bankrupts surrender; from which time he will be pro­tected, if he attends, and procures the com­missioners certificate: the form of which see hereafter.

If any of the creditors live remote from the place where the commission is executed, they may make an affidavit of their debt before some competent authority, to be duly certified, and send it to their agent, who must attend the commissioners at one of the public meet­ings, with the same, when it must be exhibit­ed, and filed among the proceedings.

Form of an Exhibit.

At, &c.

Exhibited to us under the commission against G. H.—This is signed by the commissioners.

In drawing affidavits to be sworn in the country, care should be taken fully to ex­plain the consideration on which the debt arose, and also to specify the securities in the hands of the creditors, the same as in deposi­tions where the party is present; for if any doubt arises, the party not being present to [Page] explain it, his debt can only be admitted as a claim, by which means country creditors will lose the opportunity of voting in the choice of assignees.

Country creditors may by letter of attorney authorize another person to vote for them in the choice of assignees, to sign the certificate, and to receive dividends: the form of which see hereafter.

And the affidavit and letter of attorney must be exhibited to the commissioners, and filed among the proceedings. If a creditor is not prepared to prove, he, or some person for him, may attend and make a claim.

Form of a Claim By a Creditor.

A. B. of, &c. merchant, claims a debt of [...] due to the said A. B. from G. H. the bankrupt, for goods sold and delivered.

A. B.

By a Clerk.

A. B. clerk to R. F. of, &c. claims a debt of [...] due to the said R. F. from G. H. the bankrupt, for goods sold and delivered.

A. B.

Deposition of Creditors, for Goods sold and delivered.

At, &c.

A. B. of [...] being sworn and examined, A. B. the day and year and at the place above mentioned, upon his oath [Page] saith, That G. H. the person against whom the commission of bankrupt is awarded and issued forth, C. D. was at and before the date and issuing forth of the said commission, and still is, justly and truly indebted unto this deponent, E. F. in the sum of [...] for goods sold and delivered; for which said sum of [...] or any part thereof, he, this deponent, hath not, nor hath any other person, to his knowledge or belief, received any security or satisfaction whatsoever.

A. B.

On a Note of Hand.

A. B. of, &c. being sworn, &c.—That G. H. the person, A. B. &c. was at and before the date and issuing forth of the said commission, and still is, justly and truly indebted unto this de­ponent, in the sum of [...] and upwards, C. D. for money lent by this depo­nent to the said G. H. before he be­came bankrupt; for which said sum of [...] or any part thereof, he, this deponent, hath not, nor hath any per­son to his use, received any security or satisfaction whatsoever save and ex­cept a promissory note, E. F. dated the [...] under the hand of the said G. H. whereby he promises to pay this deponent or order [...] after date, the sum of [...]

A. B.

[Page] This is the mode of drawing the deposition where the creditor himself gave value to the bankrupt for the note or bill. Where the creditor gave value to a third person the form will be different. See the next precedent.—All notes, bills and other securities, must be exhibited to and signed by the commissioners, to identify the same, as in some cases they may be proved under several commissions.

On a Note of Hand made by the Bankrupt, and endorsed to Deponent by a third Person.

A. B. of, &c. being sworn, A. B. &c. That the said G. H. was at and before the date and suing forth of the said com­mission, and still is, justly and truly in­debted unto this deponent, in the sum of [...] upon a promissory note under his hand, C. D. dated the [...] day of [...] given by the said bankrupt to one R. G. for [...] payable to him or order [...] after date: which note the said R. G. indorsed to M. M. who indorsed the same to this deponent, for goods sold and delivered by this deponent to the said M. M. E. F. and mo­ney paid by him on account of the said note to that account; and for which said sum of [...] or any part thereof, this deponent hath not, nor hath any person, to his use, received any secu­rity or satisfaction whatsoever, save and except the said note.

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On a Bill of Exchange.

W. B. of, &c. being sworn, &c. saith, A. B. That G. H. the person, &c. was at and before the date and issuing forth of the said commission, and still is just­ly and truly indebted unto this depo­nent in the sum of [...] and up­wards, C. D. for money lent by this depo­nent to the said G. H. before he be­came bankrupt; for which said sum, or any part thereof, he, this deponent hath not, nor hath any person to his use, received any security or satisfaction whatsoever, save and except a bill of exchange, E. F. dated the [...] day of [...] and drawn by the said G. H. upon, and accepted by and by the said G. H. endorsed and delivered to this deponent.

W. B.

On a Bill of Exchange endorsed to Creditor by a third Person.

W. R. of [...] being sworn, &c. That G. H. the person against whom the commis­sion of bankrupt is awarded and issued, was at and before the date and issuing forth of the said commission, and still is, justly and truly indebted to this deponent, in the sum of [...] upon two bills of exchange, both drawn by the said bankrupt, on [...] and accepted by them, and both payable in [...] days after [Page 25] date, to J. T. & Co. or order; one of them for the sum of [...] and the other for the sum of [...] for value received in account, both of which said bills of exchange are dated the [...] day of [...] and respectively endorsed by the said Mess'rs. J. T. & Co. and by them delivered to this deponent for goods sold and delivered by this deponent to the said Mess'rs. J. T. & Co. and money paid to them on account of the said bills of exchange, to the full amount of the said bills of exchange, de­ducting the legal discount, and for which said sum, or any part thereof, this deponent hath not, nor any person to his use, received any security or satisfaction whatsoever, except the said bills of exchange.

W. B.

For Money lent.

W. B. of, &c. being sworn, &c. That G. H. the person against whom the commission of bankrupt is awarded and issued, was at and before the date and issuing forth of the said commission, and still is justly and truly in­debted to this deponent, in the sum of [...] for money lent and advanced by this deponent to and for the use of the said bankrupt; for which said sum of [...] or any part thereof, he, this deponent, hath not, nor hath any person to his use, received any security or satisfaction whatsoever.

W. B.
[Page 26]

Deposition of an Insurance Broker.

G. D. of, &c. Insurance-broker, being sworn, &c.—That G. H. the person against whom this commission of bankrupt is awarded and issued forth, was at and before the date and suing forth of the said commission, and still is justly and truly indebted unto this de­ponent, in the sum of [...] on the balance of accounts, for money paid, laid out and ex­pended by this deponent; for which said sum, or any part thereof, he, this deponent, hath not, nor hath any person to his use, to his knowledge or belief, received any security or satisfaction whatsoever.

G. D.

For Money lent, and Premiums of Insurances.

S. W. of, &c. being sworn, &c. saith, A. B. That G. H. the person against whom this commission of bankrupt is award­ed and issued forth, was at and before the date and issuing forth of the said commission, and still is justly and truly indebted unto this deponent in the sum of [...] on the balance of accounts, C. D. and for premiums or insurances; for which said sum of [...] or any part thereof, he, this deponent, hath not, nor hath any person for his use, receiv­ed any security or satisfaction whatso­ever, (save and except a promissory note, E. F. under the hand of the said G. H. [Page 27] for [...] payable [...] after date to [...] and by them indor­sed to this deponent; which said note is dated the [...] day of [...])

S. W.

Upon a Policy of Insurance.

S. W. of Boston, in the county of Suffolk, A. B. in the state of Massachusetts, being sworn, &c. saith, That G. H. the person against whom this commis­sion of bankrupt is awarded and issued forth, was at and before the date and suing forth of the said commission, and still is justly and truly indebted unto this deponent, C. D. in the sum of [...] by virtue of a policy of insurance, made out in the names of [...] and subscribed by the said G. H. on or a­bout the [...] day of [...] before he became bankrupt, for the sum of [...] upon goods laden, &c. (State the substance of the policy and the loss, adjustment, &c.) And this deponent further saith, that the said G. H. is indebted to the examinant in the sum of [...] in respect to the loss so ad­justed and settled, E. F. at [...] per cent. as aforesaid; for which said sum of or any part thereof, this deponent hath not, nor hath any person to his use, had or received any security or satisfaction [Page 28] whatsoever, save and except the said policy.

S. W.

Deposition of a Country Creditor, in the Matter of G. H. Bankrupt.

H. L. of [...] in the county of [...] in the commonwealth of Massachusetts, mer­chant, maketh oath, That G. H. of [...] merchant, against whom a commission of bankrupt hath been lately awarded, was at and before the date and suing forth of the said commission, and still is justly and truly indebt­ed to this deponent, in the sum of [...] for principal money lent by this deponent be­fore that time, to the said G. H. and in the sum of [...] for interest for the same. And this deponent saith, that he hath not, nor hath any person to his use, had or received any se­curity or satisfaction whatsoever, for all or any part of the said [...] and interest, other than and except one bond or obligation, * bearing date the [...] day of [...] given and entered [...] the said G. H. unto this deponent, in the penal sum of [...]

H. L.

On a Judgment.

W. B. of, &c. being sworn, &c. saith, That G. H. the person, &c. was at and before the [...] and issuing forth of the said commission, [Page 29] and still is justly and truly indebted unto him this deponent, in the sum of [...] before he became a bankrupt, for damages and costs, recovered by this deponent, in the court of common pleas held at Boston, in and for the county of Suffolk, in the commonwealth of Massachusetts, about [...] last against the said bankrupt, in a plea of the case; for which said sum of [...] or any part thereof, this deponent hath not, nor hath any person to his use, received any satisfaction or security what­soever, (save and except the said judgment, recorded in the office [...] Book [...] fol. [...])

W. B.

Deposition on a Mortgage.

J. W. of, &c. being sworn, &c. saith, That G. H. the person, &c. was at and before the date and issuing forth of the said commission, and still is justly and truly indebted unto this deponent, in the sum of [...] for money lent and advanced by this deponent to the said bankrupt; for which said sum of [...] or any part thereof, he, this deponent, hath not, nor hath any person to his use, received any security or satisfaction whatsoever, save and ex­cept a certain deed of mortgage, bearing date the [...] day of [...] for the payment of [...] on the [...] which said mort­gage, this examinant doth hereby surrender and give up for the benefit of the creditors claim­ing or seeking relief under the said commission.

J. W.
*
The bond or note, &c. must be sent with the affidavit, to be exhibited under the commission, otherwise the debt should not be proved.
↵

[Page 30] Conditional estates granted by the bankrupt, may be redeemed on tendering the money due. If the creditor does not choose to give up his mortgage or pledge, he must apply to the com­missioners to have the premises or things pledged sold, and to be permitted to prove for the residue.

Deposition by a Bankrupt and his Assignees.

W. B. late of, &c. against whom a commis­sion of bankrupt is awarded and issued, and now in prosecution, and T. A. of, &c. and S. T. of, &c. joint assignees of the estate and effects of the said bankrupt, being severally sworn and examined, the day and year and at the place aforesaid, upon their respective oaths say—and first this deponent W. B. for himself saith, That G. H. the person against whom this commission of bankrupt is awarded and issued forth, is justly and truly indebted to the said T. A. and S. T. as assignees of the estate and effects of this deponent, and to the said estate and effects in the sum of [...] for money lent and advanced by this deponent, to and for the use of the said G. H. before he became bankrupt; which said sum of [...] or any part thereof, he, this deponent, hath not recei­ved, nor have or hath the said other deponents, or either of them nor any other person, to his knowledge or belief, received the said sum of money, or any security or satisfaction for the same. And these deponents, T. A. and [Page 31] S. T. upon their several oaths, each speaking for himself, severally say, That they have not, nor hath either of them, nor hath any person for their or either of their use, received the said sum of [...] or any part thereof, nor any satisfaction or security for the same, to their respective knowledge or belief.

  • W. B.
  • T. A.
  • S. T.

Deposition of an Administrator.

A. W. of, &c. administrator of all and sin­gular the goods and chattels, rights and credits, which were of [...] at the time of his death, being sworn, &c. saith, That G. H. the person against whom this commission of bank­rupt is awarded and issued forth, was at and before the issuing forth of the said commission, and still is indebted unto this deponent, in his said capacity, in the sum of [...] for goods sold and delivered by the said [...] in his life-time to the said G. H. before he be­came bankrupt; for which said sum of or any part thereof, this deponent hath not re­ceived, nor did the said [...] in his life-time, to his knowledge or belief, nor any other person to the use of the said intestate, or of this deponent, receive any security or satis­faction.

A. W.

The letters of administration must be pro­duced to the commissioners.

[Page 32] Interest, on notes and other securities bear­ing interest, is usually allowed to the date of the commission.

Memorandum of the Bankrupt's Surrender.

At, &c.

G. H. late of [...] against whom a com­mission of bankrupt hath been lately a­warded and issued, A. B. did on the day and year, and at the place abovesaid, pursu­ant to notice in the [...] gazette for that purpose, surrender himself to us the commissioners, in and by the said commission named and authorized, C. D. and submitted himself to be from time to time examined, touching the dis­covery of his estate and effects, and in all things to conform himself accord­ing to the directions of the statute late­ly made and now in force concerning bankrupts, and to have the benefit thereof.

G. H.

The said G. H. being sworn and examined the day and year, and at the place aforesaid, upon his oath saith, that he is not at present prepared to make a full disclosure and discovery of his estate and effects, E. F. and craves fur­ther time for the doing thereof till the next day appointed in the [...] for that purpose.

G. H.

[Page 33] After the bankrupt has surrendered himself, the commissioners indorse a memorandum thereof on his summons, by which he will be protected.

At, &c.

The within named G. H. the day and year and at the place above mentioned, surrendered to us the undersigned commissioners, named and authorized in and by a commission of bank­rupt, awarded and issued, and now in prosecu­tion, against the said G. H. and submitted him­self, to be from time to time examined, touch­ing the discovery of his estate and effects, and in all things to conform himself according to the directions of the statute lately made, and now in force concerning bankrupts, and de­clared upon his oath, that he was not prepared to make a full disclosure and discovery of his estate and effects, and craved further time for the doing thereof, which was granted to him accordingly.

  • A. B.
  • C. D.
  • E. F.

Memorandum in Case the Bankrupt does not surrender at the first Meeting,

At, &c.

MEMORANDUM. That we the commissioners named and authorized in and by a commission of bankrupt awarded and issued, and now in prosecution, against G. H. of, &c. met the day and year, and at the place above mention­ed, [Page 34] pursuant to notice duly given for that pur­pose; but the said G. H. did not surrender himself to us, or make any disclosure or dis­covery of his estate or effects, or send any ex­cuse why he did not.

  • A. B.
  • C. D.
  • E. F.

All creditors who have proved debts of 200 dollars, are entitled to vote in the choice of assignees, which is to be determined by the ma­jority in value of those who vote at this meeting.

Letter of Attorney to vote in the Choice of Assignees.

Know all men by these presents, That I, [...] of [...], one of the creditors of G. H. against whom a commission of bank­rupt hath been awarded and issued, Do make, ordain, constitute and appoint [...] of [...] my true and lawful attorney, for me and in my name, place and stead, to appear before the commissioners in and by the said commis­sion named and authorized, at the days and times appointed for the choice of assignees of the estate and effects of the said [...] and then and there, for me, and in my name, to consent with whom the monies to be received from time to time, amounting to 300 dollars, or upwards, out of the said bankrupt's estate and effects shall remain, until the same be provided. And also for me and in my name to [Page 35] vote in the choice of one or more assignee or assignees of the said bankrupt's estate and ef­fects. And also in case that I the said [...] should happen to be chosen assignee under the said commission, then as my said attorney, and for me and in my name to accept the appoint­ment, and to execute a counterpart of the as­signment to the commissioners; and further to act and perform all and whatsoever shall be needful and requisite to be done in, about, or concerning the premises. I hereby agreeing to ratify, confirm and allow all and whatsoever my said attorney shall lawfully do, or cause to be done for me, by virtue of these presents, and of the power and authority hereby to him giv­en. In witness whereof, I the said [...] have hereunto set my hand and seal, this [...] day of [...] in the year of our Lord, 1800.

(L. S.) Signed, sealed and delivered in the presence of [...]

If the party chooses, he can add a power to consent to the commissioners certifying to the judge, that the bankrupt hath conformed, and to consent that the assignees may commence suits, &c. and to receive dividends.

Memorandum of the Choice of Assignees.

At, &c.

MEMORANDUM. This being the day appointed in the [...] Gazette, A. B. for the choice of assignees of the estate and [Page 36] effects of G. H. the person against whom this commission of bankrupt is awarded, We, the undersigned, being the major part of the creditors of the said G. H. present at this meeting, C. D. and who have proved our respective debts to be 200 dollars, have chosen, and do hereby nominate and choose [...] and [...] to be assignees of the estate and effects of the said G. H. E. F. And we do hereby desire the commissioners to make an assignment thereof to them accordingly.

  • R. F. for self and Co.
  • W. H.

We accept of the appoint­ment, and promise to ex­ecute a counterpart of the said assignment. [...] [...]

Be it remembered, That before the above creditors of the said bankrupt proceeded to the choice of the above assignees, the major part in value of the creditors present at such meeting, did direct, that when the monies ari­sing by, and to be received from time to time out of the said bankrupt's estate, shall amount to 300 dollars, the same should from time to time be paid into the [...] bank, and remain there [...] in the name of the said assignees, until the same should be divided among the creditors.

[Page 37]

Memorandum of the Adjournment of the Choice of Assignees.

At, &c.

MEMORANDUM. That this being the day appointed, pursuant to notice in [...] gazette, for the choice of assignees, under the commis­sion of bankrupt, awarded and issued against G. H. We whose names are hereunto subscri­bed, being the commissioners in and by the said commission named and authorized, met the day and year and at the place above men­tioned, pursuant to such notice, to take the proof of debts, and for the choice of assignees under the said commission; but the creditors present being desirous that the said choice of assignees should be adjourned, We do adjourn the same until [...] at this place, at [...] o'clock of the same day.

Com­mission­ers.
  • A. B.
  • C. D.
  • E. F.

Assignment of the Bankrupt's Estate and Effects from the Commissioners to the Assignees.

This Indenture made the [...] day of [...] in the year of our Lord 1800, between A. B. C. D. and E. F. the commissioners named, authorised and appointed in and by a certain commission of bankrupt, awarded and issued against G. H. late of [...] of the one part, and [...] of [...] of the other part. Whereas a commission, bearing date the [...] [Page 38] day of [...] under the hand and seal of John Lowell, Esq judge of the district court for the Massachusetts district, grounded upon the statute lately made and now in force con­cerning bankrupts, hath been awarded and issued against the said G. H. directed to the said A. B. C. D. and E. F. thereby giving them full power and authority to execute the same, as by the said commission, on reference thereto, may more fully appear:—And where­as the said commissioners having duly qualifi­ed themselves to act in the said commission, and begun to put the same into execution, upon due examination of witnesses, and on good proof upon oath before them taken, have found and declared the said G. H. a bankrupt, within the true intent and meaning of the said sta­tute:—And whereas the said [...] and [...] according to the directions of the said statute for the choice of assignees, have been duly chosen assignees of the estate and effects of the said G. H. Now this indenture witnesseth, That the said commissioners, by virtue of the said statute, and in consideration of one dollar to them in hand paid, by the said [...] and [...] (the receipt whereof is hereby acknowledged) Do bargain, sell, assign, transfer and set over unto the said [...] and [...] their executors, administrators and assigns, All and singular the goods, chat­tels, wares and merchandizes, effects, debts, sum and sums of money, and all other estate [Page 39] whatsover, whereof the said G. H. was possess­ed, interested in, or entitled unto, at the time he became a bankrupt, or at any time since: and all the estate, right, title, interest, equity of redemption, property, claim and demand whatsoever of him the said G. H. of, in, or to the premises, or any part thereof. To have and to hold, receive and take all and singular the said premises unto the said and their ex­ecutors, administrators and assigns from hence­forth, as his and their own proper goods and chattels for ever. To the intent and pur­pose nevertheless, and to and for the use, be­nefit and advantage of the said [...] and [...] and all such other of the creditors of the said G. H. as have already sought, or shall hereafter in due time come in as credi­tors, and seek relief by virtue of the said com­mission. And the said [...] and [...] for themselves, their executors and admini­strators, do covenant with the said commissi­oners, that they the said [...] and [...] will forthwith use their utmost endeavour to recover and collect all and singular the estate▪ property and effects whatsoever, and whereso­ever, of, or belonging to the said G. H. and make sale and disposition of the same to the best advantage; and also use their utmost en­deavour to recover and receive all debts, sum and sums of money, due and owing to the said G. H. or his estate. And further, that they the said [...] and [...] their executors [Page 40] and administrators, shall and will at all times, upon reasonable request and notice in writing to them, or either of them, given for that pur­pose by the said commissioners, render a just and true account in writing, of all and every sum and sums of money, or other satisfaction as they the said [...] and [...] their executors or administrators shall have then re­ceived out of the estate of the said G. H. and pay the same to the said commissioners by the said commission named and authorised, or in any renewed commission to be named and au­thorised, or to such person or persons as they shall direct, to the end that the same may be divided amongst all the creditors of the said G. H. who shall or may be entitled to relief under the said commission. And in the mean time, until such dividend or dividends shall be made as aforesaid, that they the said [...] and [...] shall from time to time, when the money to be received by them as aforesaid, amounts to the sum of 300 dollars, pay the same in the joint names of the said assignees into the [...] bank, for safe custody, there to remain for the benefit of the said creditors, and subject to the order of the commissioners. And the said [...] and [...] do further covenant with the said commissioners, their executors and administrators, that they will well and suf­ficiently save, defend and keep harmless all the said commissioners, and every of them, their heirs, executors and administrators, clerks and [Page 41] agents, from all actions, suits, costs and dama­ges whatsoever, which shall or may in anywise arise or happen by reason of this assignment, or any act or thing whatsoever by them law­fully done by virtue of the said commission. In witness, &c.

The commissioners have power to make a provisional assignment, when they may see cause for the better preserving the bankrupt's estate; but as assignees are to be chosen at the first public meeting, the necessity for this, can but seldom happen.

Memorandum of the Commissioners executing an Assignment.

At, &c.

MEMORANDUM. That we the undersigned commissioners, named and authorised in and by a commission of bankrupt, awarded and issued against G. H. of [...] met at the place and time above mentioned, and execut­ed an assignment of the said bankrupt's estate and effects, to [...] and [...] the assignees, appointed and chosen by the creditors of the said bankrupt.

Second Public Meeting.

This meeting will be for the proof of debts, and to take the bankrupt's surrender, if he [Page 42] chooses to attend.—For the form of depositions, see the proceedings of the first public meeting.

Memorandum of the Bankrupt's Appearance at the second meeting, after having surrendered at the first.

At [...] the [...] Day of [...] 1800.

MEMORANDUM. That G. H. late of, A. B. &c. the person against whom this commission of bankrupt hath been a­warded and issued, appeared again be­fore us the undersigned commissioners the day and year and at the place above written, C. D. and submitted himself to be sworn and examined by us; but not being prepared to make a full disclo­sure and discovery of his estate and ef­fects, E. F. desires further time for the doing thereof, which is granted him accord­ingly.

  • A. B.
  • C. D.
  • E. F.

Third Public Meeting.

AT this meeting, debts may be proved and claimed, and the bankrupt must pass his last examination; unless an order has been ob­tained to enlarge the time.

[Page 43]

The Bankrupt's last Examination.

At [...] the [...] day of [...] 1800.

G. H. late of, &c. merchant, the person against whom the commission of bankrupt now in prosecution is awarded and issued, being come before us the commissioners in and by the said commission named and authorised, in order to make a full discovery and disclosure of his estate and effects, pursuant to notice in the [...] gazette for that purpose given, and being sworn and examined the day and year and at the place abovesaid, upon his oath saith, That the several books following (that is to say) &c. severally marked with the letters A, B, C, &c. and which are now produced and deliv­ered up by this examinant, together with the goods and things seized by and under the said commission; and the books, papers and wri­tings, securities for money, goods and effects, delivered up by this examinant to the assig­nees chosen under the said commission, to­gether with a gold watch and [...] in money, do contain and are a full and true disclosure and discovery of all this examinant's estate and effects, both real and personal, whereby this examinant or his family hath or may have or expect any profit, possibility of profit, benefit or advantage whatsoever, (except only such part of his estate and effects as have been re­ally and bona fide before sold and disposed of in the way of his trade and dealings, and ex­cept such sums of money as have been laid out [Page 44] in the ordinary expense of himself and family.) And this examinant further saith, That at the time of this his examination, he has delivered up to the said commissioners, or unto the as­signees chosen under the said commission, all such part of his goods, wares, merchandizes, money, estate and effects, and all books, pa­pers and writings relating thereto, as are now in his custody, possession or power (his neces­sary wearing apparel, and the necessary wear­ing apparel of his wife and children, and ne­cessary beds and bedding only excepted.)—And this examinant saith, That he hath not removed, concealed or embezzled any part of his estate, nor any books of account, papers or writings, relating thereto, with an intent to defraud his creditors.

G. H.

The above mentioned gold watch, and [...] in money, were by consent of the creditors present, returned to the bankrupt.

N. B. The bankrupt's watch, ring, and what little money he may have about him, are tendered to the commissioners, but usually re­turned.

If the bankrupt happens to be a foreigner, and does not understand English, it will be necessary that he should have the English ex­amination interpreted and read to him, by a person versed in both languages, who must be first sworn to interpret truly; of which oath and interpretation, there must be a memoran­dum [Page 45] made and annexed to the bankrupt's ex­amination. This deposition may be in the following form.

At, [...] the [...] day of [...] 1800.

I. K. of, &c. being sworn and examined on the day and year, and at the place above men­tioned, before the commissioners named and authorised in and by a commission of bankrupt awarded and issued, and now in prosecution against G. H. of, &c. upon his oath saith, That he hath faithfully and truly, according to the best of this examinant's skill and knowledge, interpreted the oath administered by the said commissioners to the said bankrupt. And this examinant further saith, That he hath, faithfully and truly, according to the best of this examinant's skill and knowledge, inter­preted to the said bankrupt his last examina­tion hereunto annexed.

If the bankrupt happens to be a prisoner in execution, then the commissioners must ad­journ to the prison, and the following memo­randum will be necessary.

At [...] the [...] day of [...] 1800.

MEMORANDUM. That we the undersigned commissioners, named and authorised in and by a commission of bankrupt, awarded and issued against G. H. of, &c. met here the day and year, and at the place above mentioned, pursuant to notice in the [...] gazette, in order to finish the said bankrupt's last exa­mination, [Page] under the said commission; but the said bankrupt being a prisoner in the goal or prison in execution, We do therefore adjourn to take the said bankrupt's examina­tion.

Commissioners.
  • A. B.
  • C. D.
  • E. F.

To the Hon. John Lowell, Esq, Judge of the District Court for the Massachusetts District.

The humble Petition of G. H. bankrupt, Sheweth,

That a commission of bankrupt, under the hand and seal of your Honor, bearing date the [...] day of [...] having been duly awarded and issued against your petitioner, directed to certain commissioners therein na­med, to execute the same; And they having declared your petitioner a bankrupt, and re­quired him to surrender himself to them, to be examined touching his estate and effects, on the [...] day of [...] and on the [...] day of [...] to surrender himself, and finish his examination under the said commission, your petitioner did surrender himself, and submit to be examined touching the disclosure of his estate and effects at the two first meetings; and is now preparing and settling his ac­counts, in order to make a full disclosure thereof; but they being long and intricate, your petitioner cannot finish the same in the [Page] time limitted by the commissioners for that purpose. He therefore prays your honor, to order that the time for surrendering himself to the said commissioners, for fully disclo­sing and discovering his estate and effects, and finishing his examination under the said com­mission, be enlarged, for the space of fifty days, to be computed from the said [...] day of [...] 1800.

G. H.

The judge may write his fiat upon the pe­tition: Notice whereof should be duly given to the commissioners; and the following ad­vertisement, inserted in some public paper. The order must be obtained six days before the expiration of the 42d day.

Advertisement for enlargement of the Time for surrendering.

Pursuant to an order made by the honora­ble John Lowell, Esq judge of the district court for the Massachusetts district, for enlarging the time for G. H. of [...] merchant, a bankrupt, to surrender himself, and make a full discovery and disclosure of his estate and effects, for 50 days, to be computed from the [...] day of [...] instant. This is to give notice, That we the undersigned commission­ers, intend to meet on the [...] day of [...] at [...] of the clock, at [...] where the said bankrupt is required to surrender himself, be­tween the hours of [...] and [...] of the same day, and make a full discovery and disclosure [Page] of his estate and effects, and finish his exami­nation; and the creditors who have not al­ready proved their debts, may then and there come and prove the same, and assent to, or dissent from, the allowance of his certificate.

Com­mission­ers.
  • A. B.
  • C. D.
  • E. F.

Of the Adjournment of last Examination.

The commissioners in a commission of bankrupt, awarded and issued forth against G. H. of, &c. intend to meet on the [...] day of [...] instant, at [...] o'clock, [...] at the [...] (by adjournment) from the instant, in order to take the last examination of the said bankrupt, when and where he is required to surrender himself, and make a full discovery and disclosure of his estate and ef­fects, and finish his examination; and the cre­ditors who have not already proved their debts are to come prepared to prove the same; and with those who have proved their debts, are to assent to, or dissent from the allowance of his certificate.

Memorandum of the bankrupt's having enlarged his time for surrendering and making a full disclosure and discovery of his estate and effects.

At [...] the [...] day of [...] 1800.

Be it remembered, That this being the day appointed, pursuant to notice in the [...] [Page 49] gazette, for G. H. of, &c. the person against whom the commission of bankrupt, now in prosecution, is awarded and issued, to surren­der himself, and to make a full disclosure and discovery of his estate and effects, and to finish his examination under the said commission, We, the undersigned commissioners, met the day and year and at the place abovementioned, pursuant to such notice▪ when the said bank­rupt produced an order of the honorable John Lowell, Esq judge of the district court for the Massachusetts district, whereby it is ordered that the bankrupt's time for surrendering him­self, and making a full disclosure and disco­very of his estate and effects, and to finish his examination, should be enlarged for the space of [...] days, to be computed from this [...] day of [...] instant. We the said commis­sioners do therefore defer taking such exami­nation 'till the [...] day of [...] next; and we hereby accordingly adjourn to that day, at this place, at [...] o'clock of the same day, for that purpose.

  • A. B.
  • C. D.
  • E. F.

Memorandum of the Adjournment of the Bank­rupt's last Examination.

At [...] the [...] day of [...] 1800.

MEMORANDUM. That this being the day appointed pursuant to notice in the [...] gazette, for G. H of, &c. the person against whom the commission of bankrupt now in [Page 50] prosecution is awarded and issued, to surrender himself, and to make a full disclosure and dis­covery of his estate and effects, and to finish his examination under the said commission, We the undersigned commissioners, met the day and year and at the place above mention­ed, pursuant to such notice; at which time the said bankrupt appeared and submitted himself, and was examined by us touching his estate and effects; but the said bankrupt not being able satisfactorily to answer all such questions as we have put to him touching his estate and effects, without a further inves­tigation of his books and papers, We do there­fore adjourn the said bankrupt's examination until the [...] day of [...] at this place, at [...] o'clock of the same day.

  • A. B.
  • C. D.
  • E F.

Form of a Bankrupt's Certificate.

To the honorable John Lowell, Esq judge of the District Court for the Massachusetts District.

We whose names and seals are hereunto subscribed and set, commissioners named and authorised in and by a commission of bankrupt awarded and issued against G. H. of, &c. (as described in the Commission,) bearing date the [...] day of [...] Do hereby certify to your honor, that having begun to put the said com­mission into execution, we found that the said G. H. became a bankrupt since the first day [Page 51] of June, 1800, and before the due and suing forth of the said commission, within the true intent and meaning of the statute made and now in force, entitled, ‘An Act to establish an uniform system of bankruptcy through­out the United States.’ And we did ad­judge him bankrupt accordingly. And we further certify to your honor, that the said G H. being so declared a bankrupt, we cau­sed notice to be given and published in the gazette, of such commission being issued, and of the times and place of three several meetings of us the said commissions, within 42 days next after such notice, (the last of which meet­ings was appointed to be on the forty-second day,) at which time the said G. H. was re­quired to surrender himself to us the said commissioners, and to make a full disclosure and discovery of his estate and effects; and the creditors of the said G. H. were desired to come prepared to prove their debts, and to assent to, or dissent from, the making this cer­tificate. And we further certify to your ho­nor, that such three several meetings of us the said commissioners were had, pursuant to such notice, and at one of those meetings the said G. H. did surrender himself to us, and did sign and subscribe such surrender, and did submit to be examined from time to time, upon oath, by and before us, and in all things to conform to the said statute. And we do further certify to your honor, that at the last [Page 52] of the said three meetings, the said G. H. fi­nished his examination before us, according to the directions of the said act, and upon such his examination, made a full disclosure and discovery of his estate and effects, and in all things conformed himself to the said act. And there doth not appear to us any reason to doubt of the truth of such discovery, or that the same is not a full discovery of all the estate and effects of the said G. H. And we further certify to your honor, that the creditors whose names are subscribed to this certificate, are full two thirds in number and value of the creditors for not less than fifty dollars respec­tively, and who have duly proved their debts under the said commission; and that it doth appear to us by due proof by affidavit in writ­ing, that such several subscribing creditors, or some person by them respectively, duly autho­rized thereto, did before our signing hereof, sign his certificate, and testify their consent to our signing the same, and to the said G. H. having such allowance and benefit, as by the said act are allowed to bankrupts, and to the said G. H. being discharged from his debts in pursuance of the same act. In witness whereof, we have hereunto set our hands and seals, this [...] day of [...] in the year of our Lord 1800.

  • A. B.
  • A. B.
  • C. D.
  • E. F.
(The Creditors Names.)
  • K. L.
  • M. N.

[Page 53] We the creditors of the above-named G. H. whose names are hereunder subscribed, do hereby testify and declare our consent, that the commissioners above-named may sign and seal the certificate above written. And that the said G. H. may have such allowance and benefit as are given to bankrupts, by the act of Congress made and entitled, "An Act to establish an uniform system of Bankruptcy throughout the United States." And be discharg­ed from his debts, in pursuance of the same act.

Certificate where the Bankrupt surrenders under order for time.

As in the last, "to be on the forty-second day" inclusive, then continue thus, (But by your honor's order, bearing date the [...] day of [...] last, the time for the said bankrupt's surrendering and finishing his ex­amination, was enlarged for fifty days,) at which meeting the said G. H. was required to surrender himself to us the commissioners, and to make a full disclosure and discovery of his estate and effects: And the creditors of the said G. H. were desired to come prepared [Page 54] to prove their debts, and to assent to, or dissent from, our making this certificate. And we further certify to your honor, that such several meetings of us the said commissioners were had pursuant to such notice, and the order of your honor. And that the said G. H. on the [...] day of [...] last, (being the fiftieth day of the enlarged time, under your honor's order, as aforesaid) did surrender, &c. and so go on, and conclude from the form of the other certificate set out above.

Affidavit of seeing Creditors sign a Bankrupt's Certificate.

In the Matter of G. H. a Bankrupt.

I. K. of, &c. gentleman, maketh oath, that he, this deponent, was present, and did see T. C. for himself, C. R. C. D. &c. (put in all you saw sign) ten of the creditors of the said bankrupt, severally subscribe their names at the foot of a certain instrument in writing, purporting to be a certificate under the hands and seals of the commissioners, named and authorised in and by a commission of bank­rupt, awarded and issued against the said G. H. That the said G. H. the bankrupt, had in all things conformed himself to the statute made, and now in force, entitled, "An Act to esta­blish an uniform system of brankruptcy thro'­out the United States," whereby they testify and declare their consent to the said commis­sioners signing the said certificate, and that [Page 55] the said bankrupt may have such allowance and benefit as are given to bankrupts by the said act, and be discharged from his debts in pursuance thereof.

If any person sign the bankrupt's certifi­cate by virtue of a letter of attorney,—it should be left with the commissioners.

Affidavit to be made by the Bankrupt that his Certificate was fairly obtained.

G. H. of, &c. against whom a commission of bankrupt hath been awarded and issued, maketh oath, That the certificate, bearing date, &c. under the hands and seals of, &c. the commissioners therein named, whereby they have certified to the honorable John Lowell, Esq judge of the district court for the Massachusetts district, that he, this deponent, hath in all things conformed himself to the statute made, and now in force, entitled, "An Act to establish an uniform system of bank­ruptcy throughout the United States," and the consent of all this deponent's creditors who have signed their names at the foot of the said certificate, that the said commissioners might sign the same. And that this deponent might have such allowance and benefit as are given to bankrupts by the said act, and be discharg­ed from his debts, in pursuance of the same act, were obtained fairly and without fraud.

[Page 56]

At [...] the [...] Day of [...] 1800.

MEMORANDUM. We the undersigned com­missioners, named and authorised in and by a commission of bankrupt, awarded and issued against G. H. of, &c. met at the time and place above mentioned, and examined the proceedings under the said commission, and finding thereby, and by affidavit exhibited before us, that full two thirds in number and value of all the creditors who have proved their debts under the said commission, amount­ing respectively to fifty dollars and upwards, have signed their consent that the commis­sioners should execute a certificate to the ho­rable John Lowell, Esq. judge of the district court for the Massachusetts district, for the said bankrupt's discharge, according to the statute entitled, "An Act to establish an uni­form system of bankruptcy throughout the United States," We the said commissioners accordingly executed the said certificate.

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The certificate, together with the affidavits, and letters of attorney (if any) must be left with the district judge. As any of the cre­ditors are allowed by the act to be heard against the allowance of the certificate, it is presumed a time will be limitted by the judge for that purpose, of which public notice [Page 57] should be given, signifying that the commis­sioners have certified to the judge, that the bankrupt hath conformed, and that the certi­ficate will be allowed and confirmed, unless cause shewn to the contrary within days from the date of the advertisement.

If no cause is shewn in the time limitted, against the allowance of the certificate, the judge will sign his allowance thereon.

It is presumed, upon a liberal construction of the act, that the bankrupt has until twelve o'clock at night on the forty-second day to surrender himself to the commissioners, but if he does not appear within that time, he will subject himself to the penalties of the law, which are, that he be adjudged a fraudulent bankrupt, and suffer imprisonment for a term not less than twelve months, nor exceeding ten years, and shall not at any time after be entitled to the benefit of the act.

Memorandum when the Bankrupt does not appear at all.

At [...] the [...] day of [...] 1800.

Be it remembered, That we the undersign­ed commissioners, named and authorised in and by a commission of bankrupt awarded and issued and now in prosecution against G. H. of &c. met together the day and year and at the place abovementioned, pursuant to notice in the [...] gazette, for the said bankrupt to [Page 58] surrender himself to us, and to make a full dis­closure and discovery of all his estate and ef­fects; at which time and place the said G. H. did not surrender himself according to the statute entitled, "An Act to establish an uni­form system of bankruptcy throughout the United States," although we attended in ex­pectation of such surrender 'till past twelve o'clock at night.

Com­mission­ers.
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Causes for disallowing Certificate.

Bankrupt permitting false demands to the prejudice of real creditors, or if he has lost at any one time fifty dollars, or in the whole three hundred dollars, after the passing the act, and within twelve months before bank­ruptcy, by any manner of gaming or wager­ing, he loses all benefit under the act.

Bankrupt's Allowance.

Commissioners before appointment of as­signees, and the assignees after such appoint­ment, may allow necessary support to bank­rupt and his family, until his final discharge. Estate paying 50 per cent. on debts proved, the bankrupt to be entitled to 5 per cent. so as the sum does not exceed in the whole 500 dollars. If 75 per cent. then 10 per cent. not exceeding 800 dollars. Estate not pay­ing [Page 59] 50 per cent. then bankrupt to be paid so much as commissioners may think fit to allow, not exceeding 300 dollars, nor 3 per cent. on the nett produce.

Dividend.

The first dividend of the nett produce of the bankrupt's estate, must be made at some time after four and within twelve months from the time of the issuing the commis­sion [...]; and thirty days public notice must be given of the time and place of the commis­sioners and assignees meeting, to make such dividend.

The second dividend (in case the whole property is not divided on the first) is to be made in eighteen months; of which due no­tice must be given.—This dividend to be fi­nal, unless any suit at law, or equity be de­pending, or any part of the estate standing out, that could not have been disposed of, or other causes render another dividend ne­cessary.

FINIS.

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