. extent. ing more than three hundred dollars, or had assigned or con- Debtor gaming veyed any part of his property, rights or credits, with intent to a certain to give a preference to any creditor or creditors, or any surety, the said court shall thereupon order notice of such allegation to be given in writing to the debtor, and upon his appearance before them, or on his neglect to appear, after proof that notice has been served, the said court shall, within a reasonable time examine the debtor or any other person, upon interrogatories on oath, touching the substance of the said allegations, or may direct an issue or issues to be tried in a summary way, without the form of an action, to determine the truth of the same; and if upon the answer to the said interrogatories, or upon the trial of the issue or issues, such debtor shall be found guilty of any fraud or deceit towards his creditors, or of having lost by gaming as aforesaid, or of having given any preference as aforesaid, he shall be precluded from any benefit under this act; and in case such debtor, or any other, testifying either for or against him, shall at any time False testithereafter be convicted of falsely, wilfully and corruptly swear-mony or corrupt swearing ing or affirming to any matter or thing in virtue of this act, he or affirming. shall suffer as in the case of wilful perjury, and upon such conviction of the debtor, or any other person testifying for him, he shall be forever precluded from any benefit under this act. § 8. That every judge charged with the execution of this Trustee allowact, may, in the respective cases which may be brought be- ed a commisfore him, allow the trustee a commission not exceeding eight per centum for his trouble, on the amount of debts paid by him; and if any complaint shall be made to the said judge of the misconduct of any trustee by any creditor, or by the debtor, the said judge may call such trustee before them, and enquire into the cause of complaint, and may make such rules and orders as he may think proper for the accomplishment of the object of the trust, and may in his discretion remove such trustee and appoint another in his place. How punished. sion. Trustee may be superseded for misconduct. trustee. claims how settled. § 9. That the acting judge may by order, limit and appoint Exhibition of a time for creditors to bring in and exhibit their claims to the claims to the trustee, and if the said trustee should think proper to contest any claim exhibited against the debtor, it shall be his duty to Contested report the same to the judge having cognizance of the case, who may examine the creditor and debtor upon oath respecting the same, and may submit to a jury, such issues as shall be proper to settle the points in contest, or may appoint two indifferent persons to act as arbitrators between the parties, with a power, if they differ, to choose an umpire, and a decision thus made shall be final between the parties; and the said justice may order any part of the debtor's estate to be set Provision for apart, and retained for the eventual satisfaction of any contested claim, or to be brought again into distribution; and if any creditor to whom a debt is due, shall collude with a debtor to gain an undue preference, or for the concealment of any part of the debtor's estate or effects, or shall contrive or concert any acknowledgment of the debtor by parol, or in writ- Collusion for ing, to give false color to his claim, such creditor shall lose the whole of his debt. contested claims. feits the debt. Debtor arrest ed after being to be discharg relieved, how ed, and in what cases. The judge shall lodge with the clerk of the county the Certificate of discharge. 10. That if any debtor who shall have been relieved under this act, shall be arrested or imprisoned on any process sued out on any judgment or decree, obtained against him for any debt, damages, or costs contracted, owing or growing due before his discharge as aforesaid, the court before whom such process shall be returned or returnable, or any judge thereof, shall discharge such debtor; and if any such debtor shall be arrested or imprisoned on any process for the recovery of any debt, damages or costs contracted, owing or growing due before his discharge as aforesaid, the court before whom such process shall be returned, or returnable, or any judge thereof, shall discharge such debtor out of custody, on his common appearance being entered, without special bail: Provided, and it is the true intent and meaning of this act, that no discharge whatever under this act shall be construed or taken as a discharge of any other person from any debt, contract or engagement of any kind or nature soever. II. That when the acting judge shall as above prescribed, give to the marshal an order for the discharge of a debtor, it shall be the duty of the said judge to lodge with the clerk of the county in which the discharge shall take place, a certificate in the following words, viz. "I do hereby certify, that I have this day ordered the marshal of the district of Columbia, to discharge from imprisonment A B, an insolvent debtor, agreeably to the act of the congress of the United States, entituled "An act for the relief of insolvent debtors within the Copy of the re- district of Columbia," which said certificate shall be recorded by the said clerk, and a copy thereof under seal, shall be received in evidence, in any court of law in the United States. corded certifi cate evidence in law. Unfinished acts of a judge how completed. What papers are to be recorded by the county clerk. Copies of the record legal evidence. Clerk's fees how payable. Limitation to the effect of this discharge. Circuit court shall determine the allowance 12. That if any judge before whom the operation of this act in any particular case shall have been commenced, shall die, resign his office, or become disqualified, the proceedings may be completed by any other judge of the said court, in the same manner as if they had been originally commenced before him. § 13. That the application of the debtor, the appointment of a trustee, the deed from the debtor to the trustee, the several claims exhibited to the trustee and the amount of sales of the debtor's property shall be transmitted to and recorded by the clerk of the county in which the debtor was confined at the time of his application; copies of which, under seal, shall be received as evidence in any court of law in the United States, and the clerk shall receive the same fees as are fixed by law for the like services in other cases, to be paid by the trustee out of the first proceeds of the debtor's estate that may come into his hands. 14. That no discharge of an insolvent debtor under this act shall have a greater effect in any particular state than if such debtor had been discharged under the insolvent debtor's law of any other state. 15. That the circuit court of the district of Columbia, shall, by a general order to be entered on the records of the of prisoners in said court, fix the daily allowance for the support and main civil suits. Who shall not be detained unless provided for-by tenance of prisoners in execution for debt or damages in civil suits, which allowance the said court may, by a like general order, increase or diminish from time to time, as circumstances may require. And no person taken in execution for debt or damages in a civil suit, shall be detained in prison therefor, unless the creditor, his agent or attorney, shall, after demand thereof by the marshal, pay or give such security, as he may require, With prison to pay such daily allowance, and the prison fees: Provided, Proviso. That a release from prison for want of such payment or security, shall not discharge the debt; but the body of the debtor shall never be again taken in execution therefor. fees. in the district. prisoners under 16. That the said court may cause to be marked and laid Prison bounds out, reasonable bounds of the prisons in the said district, to be recorded in the same court; and from time to time, may renew, enlarge, or diminish the same. And every prisoner Liberty of the not committed for treason or felony, giving such security to approved secukeep within the said bounds, as any judge of the said court rity. shall approve, shall have liberty to walk therein, out of the prison, for the preservation of his health; and keeping continually within the said bounds, shall be adjudged in law a true pri soner. § 17. That the provisions of this act shall not be construed to extend to any debtor who is or shall be imprisoned at the suit of the United States, nor to alter, lessen, or impair the right of the United States, to be first satisfied out of the estates of persons indebted to them; nor to any debtor who has not resided in the district of Columbia one year next preceding his said application. [Approved, March 3, 1803.] Public debtors and non resiexcluded the provisions of dents a year, this act. APPROPRIATION. [The following section has in substance been inserted in the late general Appropriation acts annually passed, and may therefore be considered as a standing provision.] Proviso; no person who is in arrears to thing in this SECT. 2. And be it further enacted, That the several sums Money to be hereby appropriated, shall be paid out of any money in the paid from the ⚫treasury not otherwise appropriated: Provided, however, that treasury. no money appropriated by this act shall be paid to any person, money to be for his compensation, who is in arrears to the United States, paid to any until such person shall have accounted and paid into the treasury all sums for which he may be liable: Provided, also, that the U. States. nothing in this section contained shall be construed to extend Proviso; noto balances arising solely from the depreciation of treasury section connotes, received by such person to be expended in the public tained to be service; but in all cases where the pay or salary of any person to extend to is withheld, in pursuance of this act, it shall be the duty of balances aristhe accounting officer, if demanded by the party, his agent, or ing solely from attorney, to report, forthwith, to the agent of the treasury de- tion of treasupartment, the balance due: and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent, and his sureties. construed so as the deprecia ry notes. |