1845, 73. 1852, 249. first Tuesdays of April and July, and on the first Tuesday of October; at Attleborough, on the first Tuesday of May; at Norton, on the first Tuesday of July; at Seekonk, on the first Tuesday of September; and at Rehoboth, on the Friday next after the first Tuesday of September: For the county of Plymouth, at Plymouth, on the third Mondays of Plymouth. January, February, and May, on the second Mondays of April and Au- R. S. 83, § 55. gust, and on the first Monday of December; at Scituate, on the first 1850, 204. Tuesday of June, and last Tuesday of November; at Hingham, on the 1855, 320. first Tuesday of March and last Tuesday of August; at East Bridge- 1856, 122. water, on the first Tuesdays of April, July, and October; at Bridgewater, on the last Tuesday of February; at North Bridgewater, on the last Tuesday of July; at Middleborough, on the first Tuesdays of May and August, and last Tuesday of October; at Wareham on the Wednesdays next after the first Tuesdays of May and November; at Abington, on the second Monday of January; and at Hanover, on the last Monday of September: For the county of Barnstable, at Barnstable, on the second Tuesdays Barnstable. of January, February, March, August, September, and December, and 1837, 98, § 1. on the third Tuesdays of May and June; at Sandwich, on the sec- 1853, 74, ond Tuesday after the first Monday of November; at Falmouth, on the second Wednesday after the first Monday of November; at Harwich, on the third Monday of April and the last Monday of October; at Brewster, on the Tuesday next after the third Monday of April; at Dennis, on the Thursday next after the second Tuesday of October; at Orleans, on the Wednesday next after the third Monday of April and on the Tuesday next after the last Monday of October; at Wellfleet, on the Wednesday next after the last Monday of October; at Truro, on the Thursday next after the third Monday of April; and at Provincetown, on the Friday next after the third Monday of April and on the Thursday next after the last Monday of October. For the county of Dukes County, at Tisbury, on the third Monday of April and on the first Mondays of March and September; at Edgartown, on the third Mondays of January and July, and on the first Mondays of June and December; and at West Tisbury, on the third Monday of October: R. S. 83, § 55. 1857, 113. Dukes County. 1856, 265. R. S. 83, § 55. 1859, 56. For the county of Nantucket, at Nantucket, on the first Tuesday of Nantucket. every month. 1859, 161. 1. Courts of insolvency. Judges. Registers. to have original jurisdiction, &c. 3. to be held in shire towns, &c. Adjournment of. 4. Judge may approve bonds, &c. 5. may punish for contempt, administer oaths, &c. 6. Proceedings to be matters of record. Evidence. 7. Register, duties of. Docket. 8. may administer oaths and adjourn court. 9. fees of, for copies. 10. Docket, &c., open to inspection. fl. Warrants, &c., when returnable, &c., how executed, &c. 12. Parties may select newspapers. 13. Counties to furnish court rooms, and room for records, &c. SECTION 14. Commonwealth to pay expenses. 16. Jurisdiction, &c., of S. J. C. 17. Who may petition, &c. FIRST 18. Judge to issue warrant to messenger. Con- 19. Messenger to receive debtor's property. 22. First meeting. Return of warrant. Sched- 23. If no notice, meeting adjourned. DEBTS AND PROOF OF CLAIMS. 25. What debts and demands may be proved. compensation of. may submit controversies to arbitration. may sell perishable property pending dispute of title. Property recovered by action, &c. to certify and render accounts. removal of, by creditors. by judge upon complaint. when out of state and refusing to obey, &c., or any cause. may resign. ACCOUNTS AND DIVIDENDS. 95. Assignee to exhibit accounts on oath if re- 97. Reservation for absent creditors. 98. Second dividend. Assignees' accounts. vacancies in office of, may be filled by 102. Former dividends not to be disturbed. appointment or election. 61. effect of resignation, &c., of. APPLICATIONS BY CREDITORS. 103. Applications by creditors. 104. Warrant to issue. Proceedings thereon. 105. If attachment is not dissolved through accident or mistake, proceedings may be stayed. CONCEALMENT OF PROPERTY, &C. 106. Debtor to be deemed guilty of misdemeanor in certain cases. 107. Proceedings against persons fraudulently concealing, &c., property, &c. PARTNERSHIPS. 108. Proceedings in case of partners. INSOLVENT CORPORATIONS. 113. Corporations may petition by authorized officer. 114. Proceedings similar to those against a 126. Register to receive and account for fees. 115. Claims before last dividend provable. 118. Property may be sold in shares, and pur- 119. Land damages preferred claims. 120. Void preferences. 121. No allowance or discharge to corporation, &c. 122. Proceedings against a corporation. 123. Redemption of mortgages. 124. Mortgages not affected. FEES AND COSTS. 125. Fees for warrant, &c. 127. Costs when attachments are dissolved. 129. execution may issue for. VACATING PROCEEDINGS. 130. Proceedings may be vacated. RETURNS. 131. Judges to make returns. Returns to be CASES BEFORE COMMISSIONERS, &C. 133. Removal of cases upon death, &c., of com- 134. papers, &c., to be deposited in probate GENERAL PROVISIONS. SECTION 1. The courts of insolvency in the several counties shall Courts. continue courts of record, and the judges and registers of probate and Judges. Regisinsolvency in their respective counties shall be judges and registers thereof. 1856, 284, §1. 1858, 32, § 1. 1858, 93. SECT. 2. The courts shall have original jurisdiction' in their respective counties of all cases of insolvency arising under the provisions of nordicthis chapter. to have original jurisdiction, &c. 1858, 93, § 10. to be held in shire towns, 1856, 284, §3. Met. 431. 4 Cush. 584. 8 Gray, 193. SECT. 3. Each court shall be held at the shire towns of the county at such times as the judge appoints, and may be held at such other &c. places as will best promote the convenience of the public. The judge 1838, 163, § 15. may adjourn any court or meeting from time to time as occasion re- 1858, 93, § 11. quires, and all things lawfully done at an adjourned meeting shall have like force and effect as if done at the original meeting. SECT. 4. The judge may in vacation as well as in court approve compositions and assignees' bonds, approve or order sales, receive petitions, issue orders of notice and warrants, and do such other official acts as are done as matters of course and do not require notice to an adverse party. Judge may ap prove bonds, 1856, 284, § 4. may punish for contempt, oaths, &c. 1838, 163, § 15. 1856, 284, §§ 7,9. 1859, 196. SECT. 5. The judge may keep order in his court, and punish any contempt of his authority; administer oaths, issue commissions, take administer testimony, and compel the attendance of witnesses and the giving of testimony, in the same manner and to the same extent as the superior court; and may appoint such officers to attend upon the court as are necessary for the transaction of its business and keeping order therein. SECT. 6. The proceedings in courts of insolvency shall be deemed Proceedings to matters of record, and the assignment and certificate of discharge shall be matter of be recorded in full. The other proceedings need not be recorded at dence. 1838, 163, §14. large, but shall be carefully filed, kept, and numbered, in the office of 1858, 32, §§ 1, 2. the register. Copies of all parts of the records, and of records of prior & Met. 5185 proceedings in insolvency deposited in his office, duly certified by the 6 Cush, 185, 362. register, shall in all cases be admissible as evidence, prima facie, of the 30.55. facts therein stated. record. Evi 6 of. Gray, SECT. 7. The register shall keep a docket with an alphabetical index of Register, duties all cases in court, in which he shall enter short memorandums, with the Docket. numbers, of all proceedings and papers filed. He [shall] make all com- 1854, 329, §3. putations of dividends and orders of distribution, and shall furnish to 1858, 32, §§ 1, 2. the assignee a certified copy of such orders, and of the schedules of 6 Cush. 185, 363. creditors and assets filed in each case. 1856, 284, § 13. 10 Cush. 545. may adminis SECT. 8. He may administer all oaths required in the course of pro- ter oaths and ceedings before the court, except the oath described by section seventy- adjourn court. 1838, 163, § 14. 1856, 281, § 13. 1858, 141, § 5. fees of, for copies. 1856, 284, § 22. Docket, &c., two; and in the absence of the judge or a vacancy in that office he may adjourn a court or meeting. SECT. 9. For copies of orders for distribution and of schedules, in addition to those required by law, and for copies of other papers, he shall be paid by the person demanding the same, at the rate of fourteen cents a page, and no more. SECT. 10. The docket, and all books, records, documents, and papers, open to inspec- in his office, relating to insolvency, shall at all reasonable times be open to the inspection of the public. tion. 1856, 284, § 13. Warrants, &c., when returnable, &c. 1848, 304, § 6. 1856, 284, § 6. Parties may se- pers. Counties to furnish court rooms, and SECT. 11. All assignments, warrants, orders of notice, and processes, issuing from the court, shall be under the seal thereof, and shall be executed and obeyed throughout the commonwealth; and any officer or person to whom they are legally directed may serve the same in any county. All warrants shall be returnable not less than ten nor more than sixty days from the issuing of the same. SECT. 12. Persons having business in court may designate the newspapers in which notices under their applications shall be published; but if the newspapers thus selected are deemed by the judge insufficient to give publicity to the notice, he may order publication in one other newspaper. SECT. 13. Each county shall provide suitable court rooms in the shire towns; and a suitable fire-proof room, in which shall be kept all room for rec- the records, books, documents, and papers, appertaining to the business of the court, and the records in all cases in insolvency. ords, &c. 1856, 281, §3. Commonwealth to pay expenses. 1856, 281, § 23. Judges may make rules, &c. 1856, 284, § 10. Jurisdiction, &c., of S. J. C. 1838, 163, § 18. 1851, 327, 16. 2 Met. 569, 573. 4 Met. 392,504. 6 Met. 537. Met. 19. SECT. 14. All expenses attending the sessions of the courts, and the transaction of business therein, for blank books for records, and for blank forms and stationery necessary for the business of the courts, shall be paid out of the treasury of the commonwealth. SECT. 15. The judges or a majority of them shall from time to time make rules in writing for regulating the practice and conducting the business of the courts in all cases not provided for by law. They shall, as soon as conveniently may be after making and adopting such rules, submit a copy thereof to the supreme judicial court for approval, and amendment or alteration. SECT. 16. The supreme judicial court shall have a general superintendence and jurisdiction of all cases arising under this chapter; and, except when special provision is otherwise made, may, upon the bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a court of equity. It may from time to time make such general rules and forms as it deems necessary to establish 1 Cush. 170,449. and maintain a regular and uniform course of proceedings in all the 4 Cush. 127, 270, counties. The powers thus granted may be exercised either by said 7 Cush. 181, 183. court or by any justice thereof in term time or vacation, except that general rules and forms shall be made only at a law term. 9 Met. 23, 469. 2 Cush. 294. 448. 10 Cush. 173. 11 Cush. 582. 1 Gray, 584. 3 Gray 239, 242, 248, 533. 4 Gray, 431. Who may petition, &c. 1838, 163, § 1. 1841, 124, § 1. APPLICATIONS BY THE DEBTOR. FIRST MEETING. SECT. 17. Any inhabitant of this state owing debts contracted while such inhabitant, may apply by petition to the judge for the county within which he resides, setting forth his inability to pay all his debts, and his willingness to assign all his estate and effects for the benefit of 4 Met. 401, 403. his creditors, and praying that such proceedings may be had in the premises as are provided in this chapter. 1855, 363, § 1. 1858, 93, § 10. 7 Met. 427. 8 Met. 129. 1 Cush. 531. warrant to mes senger. Contents of warrant. SECT. 18. If it appears to the satisfaction of the judge that the Judge to issue debts due from the applicant amount to not less than two hundred dollars, he shall forthwith issue a warrant under his hand to the sheriff of the county or either of his deputies, directing him forth with as messenger to take possession of all the estate real and personal of the debtor, except such as may be by law exempt from attachment, and of 1838, 163, §§ 1, 1841, 124, § 1. § 1811, 178, 10. 2. all his deeds, books of account, and papers, and keep the same safely until the appointment of an assignee; to publish notice in such newspapers as the warrant specifies, send written notice by mail or otherwise to all creditors upon the schedule furnished him by the debtor, and to give such personal or other notice to any persons concerned as the warrant prescribes; which notice shall state: First. That a warrant has issued against the estate of the debtor: Second. That the payment of any debts, and the delivery of any property belonging to such debtor, to him or for his use, and the transfer of any property by him, are forbidden by law: Third. That a meeting of the creditors of the debtor to prove their debts and choose one or more assignees of his estate, will be held at a court of insolvency to be holden at a time and place designated in the warrant, not less than ten nor more than sixty days after the issuing of the same. property. 12 Met. 464. 3 Gray, 245. and schedule. Debtor to deliver property 1838, 163, § 6. 1854, 329, $3. Met. 263, 573. Met. 292. Gray, 250. 1848, 304, § 8. 2 SECT. 19. The messenger shall as soon as may be demand and re- Messenger to ceive from the debtor and other persons all the estate in his or their receive debtor's possession respectively, which is herein ordered to be assigned, with 1838, 163, § 6. all the deeds, books of account, and papers, of the debtor, relating 2 Cush. 48, thereto. SECT. 20. Upon demand made by the messenger under the preceding section, the debtor shall forthwith deliver to him such part of the estate and other things demanded as is within his possession or power, and shall disclose the situation of such parts thereof as are in the possession of any other person, so as to enable the messenger to demand and receive the same. The debtor shall also within three days after the date of the warrant make and deliver to the messenger a schedule, containing a full and true account of all his creditors, with the place of residence of each creditor, if known to the debtor, and the sum due to each of them. The schedule shall also set forth the nature of each debt, whether founded on written security, account, or otherwise, and also the true cause and consideration thereof, and a statement of any existing mortgage, pledge, or other collateral security, given for the payment of the same. 8 Met. 75. 9 8 Cush. 375. 3 property may assignee. SECT. 21. When it appears to the satisfaction of the judge that the Perishable, &c., estate of the debtor or any part thereof is of a perishable nature, or be sold before likely to deteriorate in value before an asssignee can be appointed, he appointment of may order the same to be sold in such manner as he deems expedient, 1818, 304, § 15. under the direction of the messenger, who shall hold the funds received, in place of the estate disposed of. rant. Schedules. 1841, 124, 2 1854, 329, § 3. 1838, 163, § 2. SECT. 22. At the meeting held in pursuance of the notice the mes- First meeting. senger shall make return of the warrant and of his doings thereon, and Return of wardeliver to the register the schedule of creditors received from the debtor; and at the same meeting, or within such further time as the court may, for cause shown, allow therefor, the debtor shall deliver to the register a schedule of all his real and personal estate, giving a description of the same and stating where it is situated. 8 Cush. 375. SECT. 23. If it appears to the judge that the notice to the creditors If no notice, required by section eighteen has not been given, he shall forthwith adjourn the meeting and order such notice. meeting adjourned. 1848, 304, § 8. If debtor dies, SECT. 24. If the debtor dies after the issuing of the warrant, the proceedings shall be continued and concluded in like manner and with like proceedings to validity and effect as if he had lived. DEBTS AND PROOF OF CLAIMS. continue. 1838, 163, § 5. demands may SECT. 25. Debts due and payable from the debtor at the time of the What debts and first publication of the notice of issuing the warrant may be proved and be proved. allowed against his estate at any meeting; and all debts at that time 1838, 163, §§ 2, 3, 7, 12, 13. |