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48. Sect. XLVIll. All penalties, given by this act for the benefit of the creators, shall be recovered by the assignee or assignees by action of debt, and the money so recovered, the charges of suit being deducted, shall be distributed towards payment of the creditors.
49. SECT. XLIX. If any action shall be brought against any commissionci, or assignee, or other person, having authority under the commission, for any thing done or performed by force of this act, the defendant nay plead the general issue, and give this act and the special malier in evidence; and in case of a nonsuit, uiscontinuance, or verdict or judgment for him, he shall recover double costs.
50. Sect. L. If any estate real or personal shall descend, revert to, or become vested in any person, after he or she shall be declared a bank. rupt, and before he or slie sivali obtain a certificate, sigued by the judge as aforesaid, all such estate shall, by virtuc of this aci, be vested in the said commissioners, and shall be by them assigned and conveyed to the assignee or assignees in fee simple, or otherwise, in like manner as above directed, with the estate of the said bankrupt, at the time of the bankruptcy, and the proceeds thereofshall be divided amongtie creditors.
51. Sect. LI. The said commissioners shall, once in every year, carefully file, in the clerk's office of the district court, all the proceedings had in every case before them, and which shall have been inished, including the commissions, examinations, dividends, entits, and ciher determinations of the saici commissioners, in wiich orice, the final certificate of the suid bankrupt may also be recorded; all wisich proceedings shall remain of record in tije said office, and certii.elcopas ticieof shall be adnitted as evidence in all courts, in like numer as the copies of the proceedings of the said district court are admitied in other cases.
52. Sect. LII. It shall and may be lawful for any creditor of such bankrupt, to attend all or any of the examinations of said bankrupt, and the allowance of the final certificaie, is he shall think proper, and then and there to propose interrogatories, to be put by the judge or comunissioners to the said bankrupt and others, and also to produce and examinc witnesses and documents before such judge or commissioners, relative to the subject matter before them. Andin case either the bankrupt or creditor, shall think him or herself aggrieved by the determination of the said judge or commissioners, relative to any material fact, in the commencement or progress of the said proceedings, or in the allowance of the certificate aforesaid, it shall and may be lawful for either party to petition the said jude, setting forth such facts and the determination thercoli, with the complaint of the party, and a prayer for a trial by a jury to determine the same, and the said judge shall, in his discretion, make order thereon, and award a venire fucius to the marshal of the district, returnable within fifteen days before him, for the trial of the facts incntioned in ihe said peiiion, notice whereof shall be given to the commissioners and creditors concerned in the same; at which time the said trial shall be had, unless, on good cause shewn, the judige swall give farther time, and judgment being entered on the verdict of the jury, shall be final, on the said facts, and the judge or commissioners shali proceed agreeably thereto.
53. Sect. LIII. The commissioners before the appointment of assignees, and the assignees after such appointment, may from time to time make such allowance out of the bankrupt's estate until he shall have oblained his final discharge, as in their opinion may be requisite for the necessary support of the said bankrupt and his family.
54. SECT. LIV. It shall be lawful for the major part in value of the crelitors, before they proceed to the choice of assignees, to direct in what manner, with whom, and where the monies arising by, and to be received from time to time out of the bankrupt's estate, shall be lodged, until the same shall be divided among the creditors, as herein provided; to which direction every such assignee and assignees shall cone form as often as three hundred dollars shall be received.
55. Sect. LV. Every matter and thing by this act, required to be doce by the commissioners of any bankrupt, shall be valid to all intents and purposes, if performed by a majority of them.
56. SECT. LVI. In all cases where the assignces shall prosecute any debtor of the bankrupt for any debt, duty or demand, the commission, ora certified copy thereof, and the assignment of the commissioners of the bankrupt's estate, shall be conclusive evidence of the issuing the commission, and of the person named therein, being a trader and baukrupt, at the time mentioned therein.
57. SECT. LVII. Every person obtaining a discharge from his debts, by certificate as aforesaid, granted under a commission of bankruptcy, shall not, on any future commission, be entitled to any other certificate than a discharge of bis person only ; unless the nett proceeds of the estate and effects of such person so becoming bankrupt a second time, shall be sufficient to pay seventy-five per cent. to his or her creditors on the amount of their debts respectively.
58. Szct. LVIII. Any creditor of a person, against whom a commission of bankruptcy shall have been sued forth, and who shall lay his claim before the commissioners appointed in pursuance of this act, may at the same time declare his unwillingness to submit the same to the judgment of the said commissioners, and his wish that a jury may be empannelled to decide thereon: And in like manner the assignee or assignees of such bankrupt may object to the consideration of any particular claim by the commissioners, and require that the same should be referred to a jury. In either case, such oljection and request shall be entered on the books of the commissioners, and thercupon an issue shall be made up between the parties, and a jury shall be empaanelled, as in other cases, to try the same in the circuit court for the district in which such bankrupt has usually resided. The verdict of such jury shall be subject to the control of the court, as in suits originally institui. ed in the said court, and when rendered, if not set aside by the court, shall be certified to the commissioners, and shall ascertain ine amount of any such claim, and such creditor or creditors siall be considered in all respects as having proved their dobls under the commission.
59. SECT. LIX. The lands and effects of any person becoming bankrfipt may be sold on such crecit, and on such security, as a major part in value of the creditors may direct : Provided, nothing herein contained shall be allowed so to operate, as to retard the granting the bankrupt's certificate.
60. Sect. LX. If any person becoming bankrupt, shall be in prison, it shall be lawful for any creditor or creditors, at whose suit he or she shall be in execution, to discharge him or her from custody, or if such creditor or creditors shall refuse to do so, the prisoner may petition the commissioners to liberate him or her, and therevpon, if, in the opinion of the commissioners, the conduct of such bankrupt shall have been fair, so as to entitle him or her in their opinion, to a certificate, when by law such certificate might be given, it shall be lawful for them to direct the discharge of such prisoner, and to enter the same in their books, which being notified to the keeper of the gaol in which such prisoner may be confined, shall be a suflicient authority for his or her discharge : Provided, That in either case, such discharge shall be no bar to another execution, if a certificate shall be refused to such bankrupt : And provid d also, that it shall be no bar to a subsequent imprisonment of such bankrupt by order of the commissioners, in conformity with the provisions of this act.
61. Sect. LXI. This act shall not repeal or annul, or be construed to repeal or annul the laws of any state now in force, or which may be hereaftor enacted, for the relief of insolvent debtors, except so far as the same may respect persons, who are, or may be clearly within the purview of this act, and whose debts shall amount in the cases specified in the second section thereof to the sums thercin mentioned. And if any person within the purview of this act shall be imprisoned for the space of three months, for any debl, or upon any contract, unless the creditors of such prisoner shall proceed to prosecute a commission of bankruptcy against him or her, agrecably to the provisions of this act, such debtor may and shall be entitled to relief, under any such laws for the relief of insolvent debtors, this act notwithstanding.
62. SECT. LXII. Nothing contained in this law shall, in any manner, affect the right of preference to prior satisfaction of debts due to the united states as secured or provided by any law heretofore passed, nor shall be construed to lessen or impair any right to, or security for, money due to the united states or to any of them.
63. SECT.LXIII. Nothing contained in this act shall be taken, or construed to invalidate, or in:pair any lien existing at the date of this act, upon the lands or chattels of any person who may have become a bankrupt.
64. SECT. LXIV. This act shall continue in force during the term of five years, and from thence to the end of the next session of congress thereafter, and no longer: Provided, that the expiration of this act shall not prevent the complete execution of any commission which may have been previously thereto issued.
A dißria en Potomack accepted, &'c.
may purchase, &c. ani build, 36. 3 Expenje, kow defroyed
4 Government to remain in Philadelphia
until 1800 Thato be renoved to the Potomack Difritt, how to be located, I'C. 7 Prezilo
ib. Celovers may borrow money 8 Certa;a lets made chargeable, c. 9 Theje lets to be fold to discharge loans jb. V pretra insutficient, &c.
ib. Purchasers exemp?ed from incumbrances 10 Com diners in ronder account, &c. Prefident may cauje :: be loaned, &c. Hauske iran is to be reimburjed 13 uppspriazion
14 Prefident la direet the removal, &c. Fainiture for the prefident's houje
16 Ferike rapitel
17 Frolovay: 19 be made
18 Purchase of books
19 Appropriations, how paid Laws, &c. continued in force, S's. Two counties formed Cicut court diablished
23 Sthons when held
24 S-tjets cognizable by the court 25 s najkal 10 be appointed
26 Frits of error and appeals
27 Atterney to be appointed
29 fufpices of the peace to be appointed 30 Regifters, &r. and julges of the orphans'
31 Executions how obtained upon former jagments, fc.
32 Fosser suits, &c. continued to the circuir court
ib. Tiple of writs
34 Rights of corporations saved
35 Powers of the circuit court
36 Fees of certain officers
37 Form of indiments
38 M. le of recovering, &c. penalties 39 Puniament of felonies
40 Circuil court for county of Alexandria 41
Board of county commiffioners
42 Duties and emoluments of clerks, E's. 43 Delivery of fugitives
4+ Power of joer it's and collectors of atjappointments, how made Commissioners abolighed
48 His powers and duties
ib. Commijsners 10 jetris, &'c.
49 Superintendant to pay debts, &'c.
50 7o fell certain lots, &c.
ib. Menies, Sc. how reimbursed
52 Partial repeal of certain act
53 Walington canal company
54 Prefident and directors, &'c.
ib. Shares, to be personal property 55 Powers of president, c.
56 Treasures to give bond
57 Further poruer and dury
58 Prefideni, &c. 19 také vath
59 General mecting of proprietors
60 Told and wharfage
6c Canal to revert, &c.
62 Power of circuit court
63 Times of holding courts
64 Executions on goods, Sr. Fees on fame
ib, Confiables to give bond
66 Taxes how a felfed Igor, how provided for
ib. Hiring of paves, noi prohibited, &c. 68 Compensation of jutites, &c. taken off 69 Licenses may be granted, &c.
70 Juil to be built
71 Corporation of Georgetown, may tax,&0.72 Articles inspected at one port, & c. Militia of the dijt ift
74 Washington incorporatet
75 City council, kotw composed, &c.
76 Election, when held
77 Mode of conducting it
78 Mayor of the city
79 Ciry council, its fefions, &c.
8 Powers of ihe corporation prescribed
81 Taxes, how collected
82 Council to provide for poor,
&c. Rate of tax
ACT of July 16, 1790. (Vol. I. p. 132.) 1. Sect. 1. A district of territory, not exceeding ten miles square, to be located as hereafter directed on the river l'otomack, at some place between the months of the Eastern-branch and Connogochegue, shall be, and the same is hereby accepted for the permanent seat of the government of the united states : Provided nevertheless, That the operation of the laws of the state within such disirict shall not be affected by this acceptance, until the time fixed for the removal of the government thereto, and until congress shall otherwise by law provide. [See postea 7.]
2. Sect. II. The presidlent of the united states shall be authorized to appoint, and by supplying vacancies happening from refusals to act or other causes, to keep in appointment as long as may be necessary, three commissioners, who, or any two of whom, shall, under the direction of the president, survey, and by proper metes and bounds, define and limit a district of territory, under the limitations above mentioned ; and the district so defined, limited and located, shall be deemed the district accepted by this act, for the permanent seat of the government of the united states. [Altered, see postea 47.]
3. Sect. III. The said commissioners or any two of them, sha!! have power to purchase or accept such quantity of land on the eastern side of the said river, within the said district, as the president shall deem proper for the use of the united states, and according to such plans as the president shall approve, the said commissioners, or any two of them, shall, prior to the first Monday in December, in the year one thousand eight hundred, provide suitable buildings for the accommodation of congress, and of the president, and for the public offices of the government of the united states.
4. Sect. IV. For defraying the expense of such purchases and buildings, the president of the united states shall be authorized and requested to accept grants of money.
5. Sect. V. Prior to the first Monday in December next, all offices attached to the seat of the government of the united states, shall be removed to, and until the said first Monday in December, in the year one thousand eight hundred, shall remain at the city of Philadelphia, in the state of Pennsylvania, at which place the session of congress next ensuing the present shall be held.
6. SECT. VI. On the said first Monday in December, in the year one thousand eight hundred, the seat of the government of the united states, shall by virtue of this act, be transferred to the district and place aforesaid : And all offices attached to the said seat of government, shall accordingly be removed thereto by their respective holders, and shall, after the said day, cease to be exercised elsewhere ; and that the necessary expense of such removal shall be defrayed out of the duties on imposts and tonnage, of which a sufficient sum is hereby appropriated.
ACT of March 3, 1791. (Vol. I. p. 339.) 7. So much of the act, entitled "An act for establishing the temporary and permanent seat of the government of the united states," as requires that the whole of the district of territory, not exceeding ten miles square, to be located on the river Potomack, for the permanent seat of the government of the united states, shall be located above the mouth of the Eastern-branch, shall be and is hereby repealed, and that it sliall be lawful for the president to make any part of the territory les