property
of
States
in
in
a
country
discharge
a
debtor
thereto,
1
U.'
Law
'.
15. The
circuit court
tion. McLean
v. Lafayette
a creditor who had
on the
E"]
17.
The
pa
Ibid.
favor of
decree
it
a
(f_^a bankrupt.
V.
c. 5
port
an
adverse
Y.
it
meant
as
desig-
nated
by
s. c. 5 Law Rep.
360. Ex parte Eames,
30th May
vance
of
money,
is
not
an
act
of
bankruptcy.
Ex
parte
Shouse,
1 N.
to
confess
judgment,
a
over
others
59.
or
in
p(*|
fecting
an
hi
remain
passive,
doing
no
66.
Obs. 166.
s. d;
tion of bankruptcy
N. Y.
V.
N.
Y.
Leg.
OW
5,
348.
Obs. 267.
th&
he
his avow^
agent, for
only
have
been
jetition and
Ilill,
of pro-
Rep. 121.
law Rep. 483. Ex parte Hill, 5 Law Rep. 326.
I
against
a
a
Kleech v.
94.
Nor
Vnitcd
81.
s.
Ex parte
L. J. 145.
decree in
l-f
Ex
exam-
explanations
Obs.
119.
taken
affairs.
Ibid.
bankrupt's property, if
larly or
before decree,
papers. Ex parte
property,
Rep. 17.
Corse, 1
member
part-
will,
ordinarily,
proceedings
can-
estate.
Ex
pairte
S. c.
110. If,
cre-
ditors
Obs. 325.
Ex
Morris'
be
im-
peached
by
the
creditors
proved
his
debt,
5
schedule,
is
not
a
valid
preference,
as
parte Pearce,
Law Rep. 261.
Leg.
Ex
parte
Must,
326.
McLean
Y.
Leg.
may be
163. A discharge when
XII.
Effect
imprisonment.
Ex
Gassett
v.
Morse,
3
which is
parte Bust, 1 N.
1
Penn.
L.
J.
149.
infuturo,
at
the
charged
Ibid. 582. Ex
possession
by
188. Nor a suit commenced
by
attachment
which
is
a
lien
protected
by
the
act.
Ibid.
time
where
there
is
no
evidence
of
1800,
could
the commissioners,
another trustee
cre-
ditors.
Smith
V.
the propor-
a
party,
Atkinson
v.
proceedings,
until
adverse
possession.
Banks
v.
the
bank-
ruptcy.
Downer
v.
Brackett,
5
246.
247. A note
Hx parte Bdbcoch,
a
collateral
secu-
rity
may
be
permitted
to
value,
303.
251.
How
will,
on
notice,
be bankrupt, he may
the
bankrupt
on
a
separate
Obs. 38.
THE VARIOUS STATE
IN
THE
OPEKATIOMS
submitted
of
the
United
by
the
Supreme
Court
; a
Carefully
Classified
Arrangement
works of
other
Sec-
together
with
general
marginal
references.
The
Editor
hereof
Bankeupt
Act
Addenda.—Notes,
2,
1867
31
53
7.
Property,
Perishable
and
Corporations
74
13.
Aot, 1841
to
{Southern
List,
of
1.)
COURTS
OP
BANKRUPTCY.—
Seos.
Columbia,
and
Territories,
are,
by
the
the
Secs.
3,
4,
Court U. S., and
vacancy
in
the
13
fill the same,
authority,
confirmation of his
cannotpractice
can
certain circum-
Lord Chancellor temporarily. They
U
Commissioners in
thereto,
and
to
them
to
all
the
benefits
given
thereby.
with-
out
appointment
oiprochein
ami.
Junr.
590 ;
Exp.
Priddey,
bankrupt where liable
against
her
on
445;
separate maintenance, or
will
affect
of its
was directed to
be paid by
a testator to an executor and trustee to carry on trade, it
was held
that the
under the executor's
in
who
tator,
his assets.
civil
action,
it
seems,
may
contracts and agreements
18,
incl.,
G.
by
the
of assignees
and of
or
warrant upon adj udication,
becomes,
as
it
register,
or
Court,
the
surrogate.
This
provision
act.
is seized
of as
considered the same.
committed by him inconsistent
bis
agent
or
employ^.
(1
Atk.,
86.)
liable.
(1
vested
in the assignees, by their appointment, as fully as it was in the
bankrupt,
they
12 Mod.,
287
Wood
and
M.,
518
injury
or
whether
assignee
(6
Taunt,
358
chattel at the time the decree
issued. (See eases
in
of them would be
be
pleaded
in
abatement
or
non-
joinder
(where
face of
anci P.,
Dist.
of
(8.
suits
—
his suc-
action against him or his estate for money had and
received.
Crommell vs.
of firm
after act of
petitioning
give
evidence
in
other
he
Seo.
25,
of
depreciating
the
assignee,
or
marshal,
or the
may
seem
for
the
and after
under
surveillance
of
in
his
examination,
all
matters
relating
to
liia
dealings
whether the same
at law,
and their
examination
her
presence.
Ed.
whom the proceedings
asaigneo,
in
the
finally
dispensing
of
chase bankrupt's property ; if he does, the creditors may set
sale
aside.
Purchaser
(See
his
heir
or
399 ;
Koch.,
As to
0.
0.,
50.
As
to
BANKRUPT
ACT,
1867.
815,
1074.
See
all
debts,
claims,
or
demands
provable
under
be
brought
against
discharged, upon
husband, debts
674;)
(5
East,
175;
2d
ed
, vol.
1,
ante
p.
245,
a.
(a.)
A
colorable
sale
may
of
March
2,
1867,
oorporationa. and
joint stock
are regulated by the act author-
izing the same, and their
validity depends upon
involuntary
S.
of "Act
Ves.,
449
debtor,
which relate
reach
favor
in
Act of 1867,
many other respects, will
the wilful commission of any act by the bankrupt, which
will in
by im-
and
; and,
by
Sec.
costs, and to
treatise,
or
history
of
which will
to be tested by
closely confining him
longer
have
the
disposal
the
Lex
Julia,
pro-
mulgated
by
ature
old laws as
of
tJie
Twelve
Tables.
j-Fiill
or corrections
nearly every
United
States
and
route,
away,
but
from the
been
broken
up
literally,
bank-broken.
The
first
statute
stripped
tlie
if
found
it.
It
was
a
similar
upper garments, part yellow,
(See
exempted from imprisonment,
except by consent
A
nice
is
in
a
his
debts
—
who
secretes
Webster
says
: In
this
sense,
not
iTisolvent,
a
be
observed
which
dis-
tinguish
the
effect of insolvency laws and those relating to Bankruptcy. In the
first tlie
release
Many statutes were passed from time to time thereafter, which,
though
undisturbed
until
the
long
the age.
criminal,
its
with much interest in England, and in other European countries,
many
and others)
system of such
every
enlightened
nation.
fiftyf
depart-
ments,
many
of
the
world, each governed by its own code of laws, aff"ected
by
interests
same
its practical application
its sections or clauses,
Greeting
I
certify,
the
the
seal
of
the
Department
of
of
courts
they
of the District of Columbia, and Supreme Court of Territoriea
are vested
with similar
jurisdiction as
assets
of
authority
to
compel
obe-
pel
obedience
to
passed by them in
Courts now have
concurrent
jurisdiction
of
all
or in equity shall in any
case
contained
shall
at the
such assignee
the
United
States
within
5??^'°?*°*.
in
each
Congres-
in a sum
not less than
said
take and subscribe
office,
prescrib^cd in the act entitled "An Act to prescribe an oath
of office,
during his
interested in, or benefited
matter pending
prcside at
mat-
or to
or
matter
pending;
have
acted
sons
or
witnesses,
and
ken before regis-
by
him,
and
pro-
ceedings.
how filled.
within
opinion
by this Act.
of any
or
transferred
by
BANKRUPT
ACT,
1867.
(General
Clause
27.)
Perjury
before
in
equity,
writsoferror;
and
writs
of
error
damages
;
decision
given
thereof
Court,
lii'oceedingswitn-
to the assignee or
manner
regulating the grant-
|''™
*^''""'-
SECTION TEN.
(General Clause
except such
as are
80
framed
shall,
next imme-
What petition
nexed, "co^nwii-
if known
the
true
his estate, both real
and
whether
a
bankrupt;
subscribe
an
recorded with
Judge
to
tkBig-
he be
messenger,
in
in
expedient, he may ap-
may,
and
ting
his claim shall require
United
by
the
judge
or
register
record
flied?^°
after notice
AasiOTment to
*f f .
by
estate,
thereto; and such assign-
by operation
tion by
the laws
provisions
of
security tor
shall be
patent,
and securities therefor
action for property or
''™''''"P"'y-
of
such
property
or
of,
made, shall, in virtue
defended
as such
act
act
—read
may
be,
assignee, and
instru-
the
bankrupt.f
(General
Clause
60.)
immSonoo™
of
the
district
in
which
the
bankrupt
registry
tifledcopy
to be
real
and
person interested,
and for
the creditors
(General Clause
estate,
debt
or
other
thing
which
the
admitted
to
prosecute
the
his
or
designated
by
may
the
applica-
^/l„°^^
consent
and value,
the
appointment
of
or
creditors, and
with
rights
and
interests
gona«
any
or
chattels
wrongfully
taken,
after
to
prove
such
debt,
shall
com-
either
in
the
name
stated
periods,
the
creditor
may
prove
for
a
proportionate
part.thoreof
up
(General
Clause
96
When a creditor has a mortgage or pledge of real or
birae'doc«ng''°'
the'^^^^^'^-^*
bankrupt,
balance
of
the
debt
surrendered
thereby.
No
creditor
And
uo
And provided, also, That if the amount
due the
creditor is
promissory note,
con-
tracts
against
the
estates
of debts
creditors
^e™.
Register
of
ruptcy
or
either
of
them,
reside,
solemn affirmation,
procured
of the said
allowed
unless
all
foreign country, the oath
admission of
the claim.
be open
the
claim
to
be
^^^f
investigated
chosen.
(General
Clause
108.)
that the same was made or given by the debtor
contrary
first
have
delivered,
by
name
of
been proved,
of
nature,
or
liable
to
deteriorate
of
the
estate
disposed
of;
*'
orders
the
property
To
filed with
a
witness
summoned
thereto,
the
court
and in
assigned, wherever situated;
as may
be after
the removal
to
time,
and
prop-
erty
so
that
to
shall
pro rata, without any
the
adjudication
of
shall
be
first
paid
proving
by^rlKiBter.™"^*
en-
titled
to
and
or
may
sell and
entitled
to
already
received,
payment is made
at
the court
S6,ooof'2^°per
dollars, two and a half per centum on the excess
over one
and
of
money
further
execution
of
his
obliged
to
or
satisfactorily
and
third
second
and
third
meetings.
the
times
and
all
bankrupt,
from the
creditors shall re-
side, to appear
be granted
to the
be valid
provisions
this
account
or
other
document
with
intent
to
Or if, being a
ground for
bank.
pay
ijene'fiuf°Acti^-
the assent
credi-
with
the
same
entitled, under
the pro-
visions thereof,
him
a
certificate
thereof
under
in
District
of
requirements
estate, and
,
are
Given un'der my hand and the seal
of
,
G.
the
claims
against
his
estate,
unless
the fact
<i™co.of.
and the
validity of;
obtained, may,
date
thereof,
apply
to
the
discretion
said
or
^X'towftlfa"
•Sec
cases there cited.
cases
in
6
Mill,
;
71,
under
TJ.
S.
McLean,
587
sons
who
any one
a war-
the
copartnership,
hereinbefore
excepted
Creditors;
what
And
all
and the
by
500,
660,
739,
753,
789,
839,
908,
Petitions may
be presented
be dismissed
without
Con. Act,
Statute of
EimitatioDS so
be
1867,
pp.
actually
committed
(Exp.
Halifax,
2
B.,
643
by the
party himself,
by direct proof, or appear as the
inevitable
ie so palpable,,that the intention to delay
or defeat
creditors is
persons
;t
Adjndicationof
an act
shall
property has been taken by legal process, the act ofbankrnptcy
ia not complete.
463,
and
whose
debts
prov-
months after
And
such
creditor
shall
not
be
allowed
petition
should
given, to the satisfaction
publication
such
'i'^^^'i)
proceed
summarily
to
hear
the
allegations
of
demand
be in
attendance, to
sole
property
of
the
Proceedings
and
with
similar
proceed-
ings
to
the property of
(General
Clause
159.)
The
order
of
adjudication
of
bankruptcy
number
of
days,
and
deliver,
or
transmit
by
of
of
found, such
they can
 
meetinsr
of
one or more
desire
to
be
^°^
In
all respects,
or held the
creditor,
it
re-
suming
destruction, mu-
altered,
mu-
propwty*
&r
the
same,
or
any
part
thereof,
anv
of
his
goods
or
chattels
refuse
ruptcy
last
edition
forged
or
S°"''*^°"^°^
counterfeit
any
such
hundred
dol-
malfeasance
or
dereliction,
as in
the Uouorable the Justices
of five cents
of the
are
court
named
;
acts make ample
Attorneys in
of
terms-
include
one person, and bodies corporate as
well
as
individuals,
and
;
apply
days is
prescribed by
Aato
Districts
circuits,
isdiction
172,
3,
and
4
should
such
United
and in such inferior
States.—
.^ri.
1,
Sec
8,
Can.
act.
United States
laws was
of the
act
shall
influences
were
naturally
not necessarily be, a uniformity in these laws. Each State
had its own
laws, but
they were
of
making
uniform
the
following
pub-
United
States,
the
Supreme
Courts
of
who
States ;
effect.
THIRD.
To
insure,
case
named
therein
is
Territory the gentleman
or Territory,
BANKRUPT
ACT,
1867.
State,
or
Clerk
of
the
as practicable after
and
the District
cannot be
D.
W.
MIDDLETON,
Clerh.
108
12.
Accounts
for
Ill
113
22.
,.
141
OEDEES.
8.
Order
,
„
29.
30.
Notice
where Moneys Receiyed
by
Agent
172
48.
Assets
touching His Property
Corporation
, 174
;...
Final
Discharge
, 178
Property
to Pay
Confirm-
ation
Debtor of
Bankrupt on Payment
Genebal Fobu
By
the
Secretary
Order
Done—For
For Goods
rials Found
By
Joint-Stock
Bank
upon
Bills
Cash
Balance
upon
rupt
against
a
Shareholder
209
By
an
Annuitant
F.
upon
EeqnirementB
ment of papera
Court. Every paper
its character.
__,
shall
contain
the
name
all the
before
him,
Register
a
protection
against
unless suspended
or vacated
forthwith
order of
the District
by
the
the
Court
may
minute-book,
shall
constitute
to
either
representeu
to
in
down
ques-
tion
pettncy°andrS^
by
same
to
the
The pendency of
to
return
return
when bank-
prepare
creditors, and
books
or
other
papers
of
the
adjudi-
that
day, the
be made
to
proceed
unless proceedings
committed
at
an
earlier
date
act is
charged' in
stayed
until
an
adjudication
is
made
be
first
had
upon
debts,
or
other
claims
petition
therefor
in
the
office
Petitioner
of
of the
petition in
the same
manner as
of bank-
shall
be
required
to
furnish
to
reasons why the
the
claims to
in
the
order
and
no-
or otherwise,
come
into
by
»fter
adjuciica-
the
twenty-seventh
and
twenty-eighth
sections
of
said
Act
be fixed in
the order of
a
third meet-
shown
against
the
discharge,
days
from
the
appli-
cation,
discharge
may
discharged;
when
for
the
designate certain
lTtat'e°to"''bl
National Banks,
book
kept
and shall
shall
to
therein shall
costs
fled
sehodiiles
necessary
to
suit
the
schedules
a
included
the same had not
originally
and
Court
"An
Act
to
Establish
a
the
names
further
statements
required
by
the
pro-
are true
bear true
c. Stock
Household
Stores,
Wearing
of the debtor's
Conveyed, the amount realized
efit of
Creditors; Date
Names, and Descriptions of
Annuities,
Money
in
Public
benefit,
Ex-
ercise
Description
of
property
Exception.]
Property
Deeds, and
thereof, which, at
and also of All
or under
whoso names are hereinf^ter
set
to
as
follows
respectfully
represents
hundred dollars,
and are
willing to
surrender all
and desire to obtain
to
ruptcy
throughout
Copartnership, and,
far as it is possible to ascertain,) the Names and
Places of Residence
debts
And
said
the
Inventory of all
pi-ovable
undei
the
same.
be
modified
by
for
the
Bingular
number,
and by the addition of clauses to cover the Schedules of each Copartner.]
FORM No. 3.—
parties entitled to act
the Board of
Directors, or Trus-
been inquired
was Insolvent, and
solved]
by
subject aforesaid
District
the
same
adjudged
be
made
in
for
and
as in said
may
a,
a Uniform System of Bankruptcy throughout the United States," approved
March
2,
1867 ;
Petitioner's
demand
;
[or,
made payable,] of which
foim
Months
next
upon
said
Debtor,
was
unable
:
same [or,
same [or,
virtue of
the case may
District of
in
its
nature
by payment,
such State
applicable thereto,
Estate, Eights,
,
confessed, issuing
out of
;
,
dorser, Bail, Surety,
[or.suspended
(and
days.
[Whichever
particularly
described.]
hia
Estate
which, by
,
describe the property
particularly
value ; or
to be
sold, [Here
state whether
pro-
ceeds
thereof
,
Solicitor [or,
forth
,
such
trust.
Petitioner.
or
hands, the
order
to
by
in information and
aU after the
said
to make sale
for
the
declared a
Petition,
it
Banlirupt;
Wheeefoeb
hs
Peats
by
the
so far as the same are
stated of my
on information
information
of
terest,
may
appear at said time and place, and show cause, if any they have,
why
Creditors whose places
by
by
whereof
<
,
CREDITOR'S
PETITIOK.
allegations
of
the
Petition
aforesaid,
Petition
should
not
the United
is Ordered,
That said
day
of
of
like form
be
required
to
attend
.
1
Ordered, That the
day
of
PEOPEETY.
[To
be
granted
;
may
be,]
wherein
it
appears
to
the
satisfaction
of
.
of
the
petition
the
possession
of
a
the said
it
may
hereby
from such sale,
Creditors of
District
of
give
by
rcail,
post-paid,
to
subsequentMeet-
FOEM
.
ss :
Upon
the demand in writing filed by the Respondent to said Petition,
that
an Act
a Jury
at
the
for Adjudication
the
Schedules
thereto
made by said Register, or by this Court, relating to
his
,
In
dental
rupt
, and
after
the
notice
to
said
Creditors
letter
the day of
[Note.
allowed,
Act of March
and the
tha
Dis'rict
of
of
the
the
order.]
i
the
I
the
Coort.;
ing
to
the Transfer of any
the appointed
:
his use, and the Transfer of any
Property
by
him
are
Forbidden
by
Law ;
That
a
Meeting
of
the
Creditors
of
will be
day of
the
10 cents
his fees, were actually
same are just and reasonable.
Before me,
S.
District
of
and the transfer
of any property
said Bankrupt to prove
hold
any debts,
rupt, to him, or to his use,
and the
3d. That a
meeting of the
or
held
one of the Registers
me
by
him.
E.
g.
warrant
with
seal
thereof,
at
estate of the
rected, to
the within-named
and those delivered
of
tions
3.
Notice
other
services
Messenger.
or U.
the
in
said
within and for this District, shall
make
the
Court.
J
22
and
23.]
FOEM
Fo.
25.—
Sec.
26,
G.
C.
114,
p.
61.
OF THE
the
the day
tled
and
detain,
without
will make
his proper
thereon,
Nos. 22 and
and
other
General
Orders,
Bule
7,
with
the
Estate
and
Effects
of
the
above-named
trict
aforesaid,]
of
that I hereby
of
of his ap-
a
Bankrupt
upon
his
own
Petition
[or,
give
due
publicity
to
—
,
is
the district, or in
original notice
Court.]
usual form.
the
District
of
filed
his Petition in this Court, [or, Whereas a majority in number
and
value
of
,
within
placed here to
States,
of the Petition of
and
the
Form referred
for
the
District
of
above
attend, the
any,
exhibited
at
the
deliver to
being payable to me
OE
EEDUCTION
for
the
District
of
aforesaid, made
the case may
of,
Court
of
10th Section of the Act of Congress entitled "An Act
to Establish
required
Banks,
if
there
other safe depository,
proceedings
in
Bankruptcy,
shall deposit
all sums
depository,
and
every
Clerk
and
Assignee
month.
No
moneys
Clerk
designated
for
that
purpose,
the sum drawn
a
book
any Register
ACT,
1867.
be suificieDt
evidence of
any are delivered to the Creditors, or left at
their usual
1
oath, that I deliv-
ered notices, of which the foregoing [or, within] is a true
copy, to the following
with the name of
connection
i[Scre
and hour
HIS ACCOUNTS,
States,
,
of
of
Uniform
System
of
Bankruptcy
throughout
the
United
States,"'approved
March
2,
1867.
Assignee,
accordingly
,
the
First
Meeting
of
Creditors
in
the
been given in
the
mail,
we,
whose
the
Meeting, and
do hereby
and
we
Trust
or
Appointment.
Assignee-,
District
of
appointed^
of the
mentioned,
pursuant
to
of
assignee
—under
the
Baid
certify that
who have proved their debts, were present, or duly rep-
resented, and
being no opposing
interest, I appointed
estate,
as required,
such
meeting,
for a
the
further
for the- District of
meeting
be
returned
122,
p.
63.
estate
that
before
oath \or,
in
Cham-
bers,
the
of said District, per-
of the said
,
said
United States,''
approved March
entered
Creditor to sell,
or
indirectly,
within
his
been
filed,
at
and
and
describe
the
consideration
of
thereof, this
Deponent says
that he has not, nor has any person by h
order,
or on
part thereof,
any
personally
appeared
justly and truly indebted
,
or
belief,
for
whatsoever, save
ex-
pressed
or
implied,
into
by
ponent,
[or
the
or to take or
is
a
member]
of this
been, is, or shall be in any
way
affected,
,
for
the
said
any
person
by
except
the
here-
ized by
his principal to make this deposition, and that it is
within
the
pur-
pose
of
influencing
Act
to
United
States,''
way affected,
the District of
aa
make true answers to all
such q^uestions as
,
for the
officer, and
bar-
gain
made or
entered into
by or
poration,
or
shall
be,
in
any
way,
In the District
he has made
this
;
this De-
,
that
own use all
of anj
of
per
that
I
faithfully
con-
this District. So help
Court,
of
marked
any
this
so
made
by
him.
And
he
asks
DISCHARGE.
In
in
,
the
counsel.]
of
.
of
America
United States, to
and ad-
presents.
States
for
and for said
ruptcy.
In
witness
whereof
America
and Directions of
the United
:
settled,
and
;
Congress
entitled
An
Trustee, [or Trustees,]
directions
of
of
within
[or,
above]
may
be.]
in Bankruptcy.
said
Bankrupt upon a
substantially
opposition,
(or,
if
(and
the
arguments
of
counsel
thereon,
if
any,)
it
forth
in
said
Petition
therefore
entitled
and
ordered
that
the
a Schedule
of his
and verified
act.
or,
if
opposed,
arguments
of
facts
set
forth
in
pursuant to the order
[N.
B.
2.
best
information
the
by three-fourths
whose
distribution should
saya
that
the
persons
whose
foregoing
resolutions
represent
three-
fourths
estate.
Bankrupt.
given according
to the
present or
ABOVE
PEOOEEDISQS.
In
deed.
his estate and effects
a
Uniform
Uniform System
(Seal of 1
tho District Court of the United States, for the District
of
in
Bankruptcy
of
said
authority vested in
me by the
Establish a Uniform
System of Bankruptcy
,
Estate,
,
kind, of which he
was
the
day
of
thereto,
C.
premises
to
ers, and subject
f
1.
8.
1
nnto
be
i
of
the
Court.
,
Creditors of
the Bankrupt
and
time
as
may
be
appointed
by
the
Court
as there may be
resolution that may te
for the
,
of
Bankruptcy
through-
out
District
for the
whom this summons
is directed, personally
of
the
said Court, acting in the matter of the said Bankruptcy, on the
day of
, at o'clock
to
following
words :
the
Summons
hereto
annexed,
by
delivering
the
same
to
^
committed the act
that
he
Petition alleged
be
he demands that
,
of
Assignee
—
=
—
District Court.
Clerk, etc.
upon hearing counsel thereon,] it is
Ordered,
That
said
upon
the
only
in
In
the
request
may
be
Bring
this
the
Dividend,
placed."'
GEIOIRAL
FORM.
In
the
of
the
now
sold
for which said sum
nor
any
security
follow
with
signature
of
Register in
BANKRUPT
and
materials
, Bank-
rupt,
at
,
the under-mentioned
—For
to
the
said
For money
for
monev
advanced
use and
Being
money
of this
of
the
above-mentioned
due
to
this
for moneys had
of
this
deponent,
for
 
and
By
as
an
in
the
tainer,
about
the day of
grant to the said , Bankrupt, a lease of certain premises
situated at
, which costs
apothecary,
in
the
said
done for him at
Company.]—For
the carriage
of goods
and request, for
$
,
Another
form.]
services] rendered by
nursery-
deponent
and
performed
by
her
services
rendered
by
for which
For
the
For hire
of
a
cer-
tain
to the
day
of
peti-
tion,
mcvking
together
this
deponent
[and
his
co-partners]
became
by
as
said
this
deponent,
was money
exchange
hereunder
specified,
amounting
request,
etc.
of
ively
by this
of exchange
deponent
advanced
as
hereinafter
 
of $
amount thereof, less
sum of $
paid by the said Bank to the last endorser or
endorsers
by
the
use
of
this
deponent,
the
are
attached.]
banking account.]—Is
of
said co-partnership
,
dated the
the
day
of
deponent,
and
received
by
for
and on his account,
house
the said Bankrupts
to and for
agents,
carrying
on
business
of & Co., and being money, &c.; [as in the last
preceding form.]
said
of
the
and for the use,
,
any person,
BANKKUPT
ACT,
1867.
of the
By a surviving
surviving and continuing
to
the
directors
for
the
time
being of the aforesaid society, in the sum of upon the balance of
a
and
on
behalf
on
their
will [or, as
of
employed
and
sum of
the Bank afore-.
;
the
,
the
him from
under
the
use,
on
further says,
this de-
official
of
, leaving
a
Official Assignee.,
the
as receiver
of the
deponent
with
trustees,
and
and
for
Judge
proper form for
"J
, Register
day
of
this
Court,
together
with
nominations
and
recommendations
the
Whereas
office of Register in
the
appointments
In
witness
the
Court.
J
answering
the
purpose
of
P3
EH
EH
D
, Bankrupt.
J
Date.
1867.
May
20.
contained
Senatorial reso-
bo considered
who are
any
six
when
two
at
the
all controversies
(except between
exclusive jurisdiction,)
or
ser-
or in which a
of issues of fact
of the
States, last
His
residence
and
1858. His residence and
Appointed and confirmed
D.
Appointed
which
are
termed
a
is held twice every
In
In the
at Portland, on the 23d day of April and the
25th
8th
day
the 15th day of
of
October.
In
the
Disteiot
of
April
and
September.
Canandaigua, on the third
third
Tuesday
In
the
July.
In
the
November.
In
the
Easteen
day
of
April.
In
the
Wbstebn
In
the
Westeen
Disteiot
Janu-
ary
and
June
Tuesday
of
February,
Miohiqan,
third
Mon-
of April
of
February
and
In the Eastern Disteiot oe Tennessee, at
Knoxville, on
the third
Monday of November.
on
on the first
on the first
Milwaukee,
In
the
Easteen
Missouei,
at
fourth Monday
at Portland,
consent
United
States,
of the
United States
States
amounts,
tion
in
and they
addressed thus
names of
and
Southern.
The
day
State lying same.
counties
of
^Al
Santa Fe.
TERRITORY OF COLORADO.
TERRITORY OF DAKOTA.
Note.—
will
undoubtedly
approved
March
2,
the oath prescribed,
2, 1862
arising
from
any
3,
B.
A.,
p.
35,
Manual;
of Bankrupts
District
where
Registers
there may
He may charge
5 00
For taking
by
law.||
in
given
For every Certificate
for
sim-
oatlis, certifying papers, etc.
of
Can-
missioners,"
p.
274,
vol.
1,
SO,
p.
117,
Mamial.
case,
the
United States,
that the debtor
bo
Independence,
Santa
Dorado,
Mono,
ACT, 1867.
REGISTERS— ConimwecZ.
Walker, and
Will.
Ford,
.Jersey, Macoupin,
11. Clark, Clay, Crawford,
and
Washington.
son, Massnc, Pope,
5.
Delaware,
Marion,
Harlan, Jackson,
laski,
Orleans, including said below said street.
2. Upper portion of the
city of New
John,
St.
Somer-
set.
Talbot,
tlie
1st, 2d, 3d, 4th, 5tb, 6th, and 7th wards of Baltimore
city.
3. 8tb, 9th, 10th, 11th, 12th. 13th, 14th, 15th, 16th,
17th,
Ibth,
Norfolk, and
the
city
of
Boston,
Roxbury,
and
Brookiine.
4.
Suffolk.
NEW
JERSEY.
Wilkinson.
1.
county, and
Greene, Howell,
Pettis,
St.
Clair,
Grundy,
Shelby.
9.
Audrian,
10th, 13th, and 14th wards of the city of New
York.
York,
15th,
:6th,
and
14.
Union.
18.
Tioga.
gheny and Ohio
Jamestown.
2.
Cherokee,
Collin,
and
Webster.
3.
Boone,
Monroe,
Wayne,
and
Wyoming.
1.
City
and
county
of
Milwaukee,
of the
Judge of
to
act
as
Messengeu,
whom
person ap-
pointed to
ruptcy." His
duties as
in Sec. 11
United
the
or
its
appoinlassistants
or
formerly employed
where
the
or per-
sons, or
insert
the
names
at
s.ime,
or
his
actual
as are or shall
are drawn by constables
during
the
term.
cents
including
States shall appoint criers
five, as
the judges of their respective courts shall determine, to attend upon
the
grand
shall
be
per day, to be paid by and included
in
in his
;
but for
attendance on
two
per
centum.
of
2, 1867,
as new
a
mile,
each
way,
[going
schedule, ten
of
io
the
necessity
allowance may
; and
United States
Supreme Court
is Mr.
(C.
H.,)
Jefferson
county,
The incumbent of
the Western District
is known
States
Marshalship
is
Wash-
ington.
FLORIDA.
This
dence
Mr. James
U.
S.
is at
Spoonee,
whose
residence
Whiting,
county.
KENTUCKY.
The Marshal for the District of Kentucky is Mr. William A. Meeey-
WEATHEB, whose
Mr. F. T.
H.
Henry,
are
dis-
tinguished
as
: Mr.
J.
B.
RoaEES,
.
Mr. Casper
county
of
Douglass.
NEVADA.
the county
of Essex.
Eastern
District
is the city
of New York.
the Marshal
is
at
Ra-
State is divided into two Districts, the Northern and the
Southern.
The
Marshal
District
Blockee, who resides
whose
residence
as Virginia and West
Districts,
Eastern
District
takes
no
representation
of which is Mr. J. Underwood, who resides at Alexandria,
Alexandria
county.
whose
resi-
oiEce respectively, and
prescribed that there shall
and
appointment
holding the courts, where there
is
by the court. The
courts are described
For
tion,
warrant,
For filing
paper, ten cents.
continuance,
judgment,
Court is D. \V.
for all other
services in a cause
twenty
search
other
eling
from
the office of the clerk, where he is required by law to reside,
to
the
by law,
30
received,
the clerk's
dollar
authorized
and
now established
by law
—
resides at
.
L. E. Wales, Esq., Clerk of both the Circuit and
the
District
Court,
resides
of
of
the
Circtut
SoutJiem District
the District
.
Circuit and the District
and the District
Court, resides at
Moines.
J.
C.Burns,
Esq
City.
KANSAS
Topeka.
Chas. C.
at New
at Portland.
William P. Preble, Esq., Clerk Of the District Court, resides at Portland.
MARYLAND—
Baltimore.
Elisba Bassett, Esq.^ Clerk of
the
Jno.
Court,
Court Clerk,
resides at St. Paul.
resides at .
Adams Poabody,
Esq., Clerk
of the
tho District
,
at
Trenton.
NEW YQ'R'K.—Eastern Disin'ci—Chas.
W. Newton,
resides at
of the
District Court,
Circuit
Court,
C
Court, resides at
, Clerk of the District
and
tho
District
-.
the
Circuit
Court,
resides
at
Philadelphia.
Western
at Pittsburgh,
resides
at
Providence.
SOUTH
of the District
Court, resides
of
the
bank-
rupt
vests
over all the
who has
may
afterwards
be
dis-
covered,
and
he
then
proceeds
of Sections
and
48
any
sioners.
(See
Archibald's
Banlerupicy,
of the
which were to have like force
and
are not
Act
of
1827.
Parties
to
proceedings
effect
as if
made before a District Judge, or Eegister in Bankruptcy ; and in that
connection
the
information
For
dollars per
equity
an order of court,
service,
*
Commissioners,
see
Brightly'
person, in
any newspaper,
forty cents
making
one
hundred
words,
they
shall
be
when
there
whole
such
attendancp.
per mile
(Act
of
Cong,,
Feb.
26,
1853,
or
before
per mile
of
one cause between the same parties
in
pensation
shall
be
allowed
for
subsistence. (Act
BANKRUPTCY ACT
Courts
for
pleadings,
&c
^65
purpose
255
ings, &c
Court. 266
a party in causp 267
SERVICE
process
enter
to
which
Court may
to omit in his bill,
what 269
other proceeding for Scandal
"
not file amendments, what 271
DEMURRERS AND FLEAS.
Demurrer
fraud or combination is
argued, or may take issue
on Plea
overruled, what
172
Plea or
Demurrer on
rule day
272
"
inconvenience
fendant do not
BULi! 58. In
Bill of llcvivoi', or Supplemental Bill, not neueasnry to set forth
what, unless,
Plaintiff
answer ia overruled, or answer judged
insufficient, what,...
thereof.
278
after
TESTIMONY DE BENE ESSE.
upon affidavit
tho Clerk
cross-bill for
of
to
examine
280
be
282
"
any Criiditor or other
Office—
Parties
,
"
S.,
Dec.
Term.
rules, orders,- and
pre-
scribed.
Edie
III.
Any
in term,
may, at
the
of all
as the Circuit Court
the adverse party,
or his solicitor,
some other time
States
Bankruptcy
Act,
1867,)
all
orders,
solicitors
for they
appear and
specially required. Where
same town or
rules, orders,
the parties,
filing
bills,
answers,
pleas,
and
confesso
ceedings
by the
of the court, or of any judge thereof, shall be
deemed
Bat
rescinded,
Rule VI.
which are not grant-
unless
by a
made
book,
and
be
heard
at
on
shall
not
then
appear,
heard
not objected to, or refused, at his discretion.
PROCESS.
to any
interlocutory or
ment
of
 
with the decree
upon a special order
of
possession,
upon
proof
made
of
the
court.
Rule
X.
Every
be
enabled
to
enforce
obe-
the same process
to
the
cause
and
party
but
one,
at
the
election
of
the
from the time
the
defend-
clerk's
office,
on
returnable
defendant,
defendants,
or
a
defendants.
and
ssrvice
in
the
to
which
be
The
appearance
of the
answer
office,
on
the
rule
an
order
fa'
nf
may
without an
as the
court or
be
granted,
the costs
of the plaintiff in the suit up to that time, or such part thereof as the
court shall
answer within such time as the court shall direct, and
submit to such
purpose
of
of
abode, and citizenship, of all the parties, plaintiffs and defendants, by and
against whom the bill is brought.
The
district
of
in
his bill, shall be at liberty to omit, at his option, the part
which
is
usually
called
the
or
of de-
the
he sup-
the case
made by
of the
bill shall
asfc"
the
special relief to which the plaintiff supposes himself entitled, and also
shall
contain
a
prayer
cially asked for.
parties.
to
within
the
jurisdiction.
Rule
XXIII.
The
counsel annexed to it, which
shall
that upon the instructions
EULE XXV.
In order
to prevent
to promote brevity,
regular
taxable
costs
no
be ; but
if
there be none, then it shall not exceed the sur» of three
dollars for
succinct terms
as it
of deeds, documents,
may on exceptions
defendant
before
the
court
for
scandal
or
writing
and
signed
by
counsel,
de-
be filed
shall
be
considered
as
abandoned,
the same
a copy has
been so taken,
shall pay
him
where the
amendments are numerous,
replication,
the
from
any
a
jndge
filed,
the
plaintiS
shall
not
be
permitted
to
a
special
to such other terms
on or before
the next succeeding
amendment
had
been
made.
DEMUREKES
AND
PLEAa
EULE
XXXI.
No
be filed
accompanied
with
overruled,
the
period, unless the
shall be
assigned to
the plea or demurrer, the
next
suc-
ceeding
rule
day,
of
the
taken against him,
shall be entitled
of the plaintiff,
allow him to
be held
only
because
or set
on
the
next
succeeding
rule day, he shall ba deemed to admit the truth and
sufficiency thereof, and
the
matters
of
he may
to answer
bill,
only by
stating his
ignorance of
the matter
those
which
such
the effect following:
to
answer
the amendment or
judge of
the court;
the
court
by
court, or incapable other-
oust
before
the
court,
and in such cases
very numerous, and cannot, without
manifest
the suit, be all brought before
it, the
partiesi
sufficient parties before it to represent all
the
defendants in the suit
parties.
sale,
and
trators in
upon
consideration
of
and several demand against
several persons, either as
be
necessary
to
bring
before
the cause for
set down
be made in the
to say
cause,
if
the
to amend
his bill
a
cause,
for want
narties
to
whom
sought
the bill,
and answer
of all the
EnLE LV.
and plead, demur,
notice, to such injunction.
by
and
place
have, why
at
the
next
of the
Ettle LVII.
hap-
pening
parties,) or for
any other reason a supplemental bill, or a bill in the
nature
of
a
supplemental
of
other party. And if leave is granted
to
EtTLE LVIII.
or supplemental
in
or before
any master
correcting
judge granting the
separately engrossed
be
allowed
until
exceptions
for the pur-
shall
for insufficiency
shall not
shall not set
down the same
exceptions,
If the
plaintiff shall
period, the defendant shall
for a
a
judge
replication
other
terms
as
issue, commissions
in term,
expiration
as
follows
; Either
party
to
be
adduced
in
to
be
furnished
with
examination
U.
S.
279
in
writing
tion shall
special instances
by
of the par-
ties or counsel, or such of them as may attend; provided, if the witness shall
refuse to sign the
examinations,
state
the court
as he shall think fit; and any question or which may be
objected to
the
be
just.
The compulsory attendance of witnesses, in case of refusal to attend, to be
sworn, or to answer any question
put
by
solici-
tor,
the
now
nesses to
written interrogatories.
Notice shall
of
transmitted by
way by written
if
no
the deposition,
unless the court or a judge thereof shall, upon special
Jeause
shown
by
either
such period shall
be allowed to
single witness
tiff,
issue
a
commission
the
bene
esse,
the adverse
party of
last interrogatory in the written interrogatories to take testimony now
commonly
or either
the matters
plaintiff in
to
the
original
bill
and
used
of
the
personal
of
to
whom
what parts,
if any,
to be presented
notice
thereof
to
each
proceed ex parte,
giving
notice
to
the
absent
reference,
and
thereof, for
the
master
as
to inform the court what state of facts, charge, affidavit, deposition,
examina-
before him,
authority
to
examine
the
matters contained
all books, papers, writings, vouchers, and
other documents
all
witnesses
to order the
be issued upon his certificate
from the clerk's office, or
by
hereinafter provided ; and also to direct the mode in which
the
matters
requiring
and generally to
other
Rule
LXXVIII.
appointed
to
take
testi-
mony,
or
before
by
examiner,
requiring
the
specified,
who
compensation as
for attendance
in court
or give
not
the court, upon any proceeding in any cause or matter,
may
be
coming
in
to
The
evi-
dence
upon
it, in order
in their respec-
tive districts, both
; and
they
may
also
appoint
a
The master shall
;
session
an
answer, nor
master,
; but the
decree and
the case
may be)
was ordered,
adjudged, and decreed as follows, viz:" [Here insert the decree or order.]
GUARDIANS AND PROCHEIN AMIS.
appointed by
special matter
and the facts
the record, shall
been
entered
petition may
next term of
therein) may make
process,
Circuit
Court
do
not
apply,
the
him.
Rule
XCII.
These
March,
1822,
shall
henceforth
cease,
and
be
of
no
further
of
so, to obtain a discovery.
Deoembeb Term, 1863.
of
is provided
in the
Court
regulating
|400
LIEN LAWS.
the
lien
accrued.
attested
copy
thereof,
be
recorded
in
of the county
was arrested is not
personal, and
making affidavit
exempt from execution,
secure it
defraud
or
fraudulent
schedule,
years
after
the
cause
of
action
accrued.—
;
on judgments in any court of record; and all actions
of debt
of rent
Within 3 years.—All actions on open account.
Within
and
detainer
are
barred
by
3
years'
adverse
pos-
session.
Writs
of
to
3
years.
probate.
the
State
is
exceeding
$150
and
all
fuel for the
from
execution
created
on
8th
subdivision
of
the
party
making
he have one.)
officer levying
ing to
be
by
two
in exe-
cution, or
his authorized
amount
of
value exempted
for
their
the
plaintiff
in
the
swine,
or
of
being
notified,
the
officer
shall
make
of
a
cases
The term "lands," as used
herein,
embrace
every
estate
in
lands,
embrace
every
or
surrendered.
land,
forced
court, for any
from the
if
contracted
Such
tion
the homestead
holder,
whose
homestead
of
making
such
levy,
cannot
agree
in
If
the
claimed as
portion thereof,
shall
be
-chargeable
After
survey, as in cases
describe it according
therefrom,
estate or
cost of
death
shall
be
benefit
no
surviving
or
sisters,
minor
after the
tion, within
or making
predecessor,
or defence
commenced
the
derived from Spain or
the
any other person shall be deemed to have been under
and
title,
have
been
held
years
of
any
other
right,
shall be
included
consist
of
of
one
lot
ing
a
title
founded
upon
a
in
Where it has been usually cultivated and improved. 2d. Where
it
has
heen
protected
by
or of
or for the ordinary
improved^
the
portion
been left not
part
im-
proved
the tenant shall be
written lease, until
notwithstanding that such
or
may
to his landlord.
made
of the death of a person
in
possession
recovery of real
or services out of the same, be, at the time
such title shall first de-
scend or accrue,
3. Imprisoned
on a
time during which
the
defence,
ability
be
com-
a
liability
created
by
statute
other
than
a
penalty
or
forfeiture
4.
An
action
for
relief
action against a sheriff.
official
capacity,
and
in
virtue
a forfei-
sheriff,
or
account for goods, wares, and
merchandise
sold
within
benefit
within
have accrued,
he depart
not
in the last preceding
the time the cause
of action accrued, either
;
the
expiration
the expiration
commencement
after the
part ol
survive—his heirs
removed.
The
preceding
sections
of
liability was created.
operation of
this statute,
unless the
same be
the party
accrued
have elapsed since
or
in
mining
claims,
or
the
plaintiff,
his
in
commencement of the action.
No cause of action
or defence to an action, founded upon the title to property
in mining claims, or to the rents
or profits
of the
or the defence
decessor,
or
grantor
of
the commencement
the
Territory
of
Arizona,
on
any
the
necessary
tools
on
amount
of
$100,
where the property is
labor performed and the
The lien
the building, unless an
some disinterested and cred-
been committed, and
against
likewise file an affidavit
to the effect that
plaintiff in
his goods and
A bond
in double
oxen
harness
and
by
a
physician
or
minister,
in
cabin
or
not
machinery ;
when
Real
Estate.—
of
If
the
lot
is
2,500
;
paid
to
the
defendant.
If
tractor, mechanic, or laborer
claim,
within 30
obtain
property is
days after
the
erty, at the request
the
price
agreed
same
at
public
auction,
if there be
three
made, altered, oi
sale
shall
go,
first,
to
shall
to
made in instalments, or at
specified
work
is
done,
the
party
seeking
 
as the demand
satisfy the
time,
redeem
all
real
estate,
except
years, by paying the
rent from
ments
State, or
in any
Within
other than penalties or
;
tween
the
;
and his
either
necessary for 6
months. The toob and implements or stock in trade of any
mechanic,
purpose
provided
1
farm
debtor from sale for the payment of any
taxes whatever, legally assessed, and
no
for
said
property.
to
in, such
lands or
of the clerk
to
the
amount
that
the
upon
,him
defendant
tiff 's lien.
complaint as above provided, serve
notice on defendant,
in
actions
year from the time the labor was performed
or the niaterials
that time.
COLLECTION LAWS.
any
creditor,
his
in-
and
depart, from the Territory, with the intention of having
his effects
to
the
injury
of
stands in defiance
of any officer
or
converting, or is about to convert, his property into money,
or
other-
creditor,
it
a
writ
of
attachment,
return-
able
like
sheriff of
hands or possession
clerk to issue, and the sheriff
or other
;
escape of
•swine
and
each, or
$100,
or private, of soldiers
construction
of
land on v/hich it is situated, and such lien shall
take
pre-
it
shall
previously
have
filed
lien
same
at
exceeding
burial-ground
and
$500
in
debtor
shall
own
himself
wool
cloth or
yarn manufactured
debtor
professional man, not
exempt shall bo
land, and
the dwelling-house
and not
included within
or sale upon
Territory. The
statute shall
he con-
any
deueased
Territory
shall
of work
done or
due
for
accruing
to
persons
of
the
shall
be
or
lie
for him.
clerk
of
the
district
such
defendant or agent; the
soon as filed in the ofBce of the clerk of
the District
be a lien on
performed or the ma-
pursuant to an
contractor
defendant
or
his
agent,
to
lands and build-
buildings for
be a
defendant
on him or
of
actions ; but
the lien
the time the
a
non-resident
be served upon him
creditors
into
be, or has
undertaking
bed
the family
trade,
to
articles
all
The
above
4,
1851.
or repair-
ing any
of his claim.
it the
the
owner is au-
it
the alleged fraudulent
justly indebted to him
plaintiff
in
the
 
the debtor.
account,
limitation
the State
when
Usury
forfeits
.the other half
of a
attachment,
levy,
of Columbia :
Provided,
however, That the exemption does not interfere with the foreclosure of any
mortgage or
deed of
months ; mechanics!
$200
debtor or 'his family
oxen
for 3 months ; and if the debtor
be
said exempted
be
shall be valid when
and
ex-^
the decree,
States,
and others, whose
other by
of
be
umbia,
all
of
such
corporation
or
person
of business
to execution
paid
of
or.
Third.
rent arrear
extended information under this head consult Act of 39th Congress,
entitled "An Act to
judicial
proceedings
therein,"
approved
February
22,
1867.
is
six
to the
value of
about
removing
from
the
State,
nor
removing
by
he
cultivates
10,
can
hold
or village, provided he
to
file
in
the
clerk's
office
of
which the property
or
the
materials
furnished,
a
true
account
of
record at
con-
nected
with
the
said
lien.
Laborers
for
provisioning,
or
performing
any kind of vessel,
to enforce the same within 20 days from the time
when
such
lien
accrued.
COLLECTION
LAWS.
Imprisonment
for
debt
does
attachment
may
issue
debtor
upon
an
affidavit
for
the
time of 2
 
and
to
widows
of the family,
of
the
improvements of the original tract, the value
of the whole not to exceed
$200.
tion of
insti-
tute
legal
months
after
building shall have
completion
of
of
the
clerk's
office
of the county where the property is situate. To enforce his lien, he must
institute a suit against the
owner
of
due.
machinery, and
same may
in the same
to
masons
remove from the
of the
attachment against the property of such
debtor.
Unmarried
women,
debtor
con-
vey
residing without the limits
shall make
it evident
and
shall
and
personal
they
have
condition of, and
;
;
a
burying-ground.
Upon
the
of the family, the family shall be
entitled to
land and
by
until the
land for
purchase
or incurred
repairing,
lien,
of
a
tenant,
may
be
fraud,
These are
may
the
same
a
non-resident,
when
the
sum
of
commences from
included
in
the
computation.
Minors,
all actions bound
the value
so,
value
of
the
personal
so
divided
as
to
exempt
the
principal
dwelling-house
of
the
debtor.
LIEN
LAWS.
lien therefor upon
the same. Any
of
indebted
to
contractor. After ser-
subsequent
to
the
completion
claim
the
benefit
debt, in the re-
wood
wages.
COLLECTION
LAWS.
Before
recover
an
him property
subject to
or
as his wife
residence
may
may be evaded.
a
account for
United
States;
actions
on bills,
;
false
imprisonment.
In all
actions of
action is deemed
use, and
suitable to
a
gains a subsistence
for
actual
use
the necessary provisions and fuel
for
any
ceding the
levy, are
written contract, signed
expressly stipulated
that the
lien,
can
a
homestead
is
ex-
hausted.
A
to dwell in the house used as
a
homestead
previous
death of the husband or wife. If the owner is
married,
deed.
: if
$500,
it
only 1 dwelling-house, used as such by the owner, and
the
buildings
properly
appurtenant.
It
may
also
embrace
do
so
constructing, altering, or repair-
shall
Suit must
from the time of payment specified
in
the
contract.
If
suit
be
brought
in
the
upou the prop-
of
such
.judgment.
By
Attachment may
issue by
 
satisfy
years
after
judgment
by
giving
founded upon
the payment
of money
on promises
not under
debts due on running
between retail mer-
chants and consumers.
cent.
school-books or
wearing
apparel
of
debtor
for the use
furniture
not
herein
80
acres,
for
or village
not
children
of
any
deceased
person
who
lawfully
ob-
shall
be
given
portion thereof.
contract
or altering
on such land,
upon
the
the kind
or lots lie,
sale
to
liis
rights
adjudicated
or
interest,
COLLECTION
LAWS.
No
be
imprisoned for
that the ordinary
him. Third.
defraud, hinder,
or delay
fraudulently
to convey or assign his property or effects so as to hinder or delay
his creditors.
State,
and
the
this
State,
within 21
any
for
this State whenever
no agreement increasing
more
knives,
forks,
cups,
;
Marshall,
building, has a
and amount of his
lien
reside
out
period
on
him
of it,
;
creditors.
if it
within 15
;
and
of fraud.
marriage
between retail
merchants -and
consumers.
INTEEEST
LAWS.
The
rate
of legal interest is 6 per cent. ; all contracts for an increased rate
are void.
struments, and apparatus
31 days preceding the
a
family,
is
exempt,
emption
construct-
a
office of
claim
ten
contract,
the
is
without
labor or
in his
amount he
shall appear that he is about to quit the State,
or
where he has already left the State, never to return, or
in case he resides
process.
A
debtor's
property
arrived, and the
solvent
surety,
residing
to
sented, must give security for the payment of any damages
which may
hire
money,,
salaries
of
;
on leased premises
value
of
$50
; the
tools
necessary
the family, and 1 copj'
of the State
and a heifer more than 3 years old, or swine,
each
;
consumption
of
himself
and
family
his use
person
or materials. He may secure
the
other attachments.
COLLECTION LAWS.
arrested any judgment or
immediate
use.
seal
actions for
founded
on
Minors, married women,
of
the
; but contracting
works
a
forfeiture
of
the
princi-
pal
the husband.
Any person furnishing labor or materials for constructing, altering, or
re-
pairing
subsequently
serving
prop-
I
terials furnished,
paid
takes effect from
action is previously
debt.
COLLECTION
LAWS.
this State.
on a
judgment, attach the real or personal estate, or rights in and of action
of his
may obtain
an attachment
against his
his rights
arrearages
of
rent.
Within
1
year.
battery, wounding,
State, or removing
from, one county
any
benefit
prisoners,
may
the
family;
1
iron
stove
in
de-
signed
for
carrying on his trade or business, and
not
exceeding
$50
in
family, not exceeding
burial and tombs while in use as repositories for
the
dead.
and
can only
the
continue
to
such
to hold
from
premises exceed in value
other
real
to the officer their appraisal,
and
the
sheriff
or
the
lawful
occupant
of
the
homestead.
above
the
 
cannot
or- equipping
same,
port
where
be
a
lien
at
to
be
a
lien
the
State.
Any person who shall actually perform labor in erecting, altering, or repair-
ing
materials
consent
of
or acting for such owner to procure
labor
or
furnish
the
interest of the owner of the structure, in lot of land
upon which
after he shall cease to labor on,
or furnish materials for
a just and true account of the amount
due
to
him,
together with-
intended
name of the owner of the property, if known, which
certificate
shall
be
subscribed
and
his
behalf. Such lien shall be dLssolved at the expiration of 90 days
from the
their
shall
be
had
in
as
is situated.
;
county,
Whether filed as
con-
tain
a
due
COLLECTION
LAWS.
and
actions
not apply to any action on
a
promis-
sory
to
any
by
any
bank.
In
to
recover
the
balance
the time of
the proof of
at
the
time
oned,
suit
within
the
times
brought within 20
is
not
to
be
computed.
INTEREST
LAWS.
in an
327
$500,
from
execution
for
any
debts
by
during the minority of his chil-
dren
her widowhood; unless she
must
occupy
the
Where a levy is made upon the
lands
and
or
officer
with
a
and
only
the remainder shall be subject to sale. If the plaintiff is dissatisfied with the
property set apart,
of land
;
on
on, and not included
person owning and occupy-
and claiming it as his homestead,
shall be entitled to exemption.
LIEN LAWS.
repair-
ing
any
therefor
labor
is
done,
or
the
recorded in the clerk's
his
creditors
dence of debt,
in all courts other than
those
;
imprisonment,
slander,
and
libel.
Minors,
the United
action accrues at
of action
is absent,
or leaves
computed.
horses or
2
ploughs,
1
or
stock
all of
exempt shall he chosen
construed as to exempt any
property
dwelling-house thereon, and its
house
of
the
State,
levy,
or minor child or children,
of
any
deceased
person,
who
any
owner thereof,
vfife
to
the
months,
provided
such
land
shall
of any city,
ing
performing
by
the
land
or
building,
Deeds,
The
plaintiff
other
arrest of
any person
of
touching any pecuniary or
cases,
by
or plead,
such pleadings, and
submitted to the jury, as in criminal cases. The plaintiff,
in
it,) or
be
set
forth.
or decree
by
the
aggrieved
party
of
the
facts
constituting
the
Within
capacity, or
for
the
each
person,
of
the
of stock
1
in value.
or
be
on any contract
1857)
shall
take
owned and
shall
the
the benefit of the widow and
fam-
ily
of
which
or
repair-
ing
any
building
therefor upon
claim is
materials,
apparent
to
any
Judge
by
the
defendant.
Within 6 years.—All
actions on debts, covenants,
obligations,
and
parole demise
all actions
of account.
Within 2 years.—All actions on account between retail merchant and
con-
sumer.
Within
1
year.
—All
Minors,
married
to the same
parties
now
allowed
agreement which
sisting
of
a
dwelling-house
and
therewith, not
exceeding the
or shall
be used
products thereof,
homestead in the country shall not include more than 160
acres of
and in cities
such
labor
or
or by
trustee,
contractor,
ments, and upon
the land belonging
or village,
then such
lien shall
lot
for such
The
entire
land,
to
the
extent
aforesaid,
building, erection,
part thereof
which is
covered with
the same,
of such building, erection, or
other
land
upon
which
such
erected
or
erection,
or
improvement
also the leasehold
shall
shall have regained possession of the lease-
hold
land,
possession thereof,
to
improve-
ments,
improve-
purchase the same, and
the owner of the
removing the
person
seeking
provisions of this chapter,
within 4 months
after the indebtedness
,
demand
is to be a lien upon
such
building
name of the owner or contractor, or
both, if known to
be
verified
by
the
son for him.
to
kept for that
lien,
the
amount
is filed, and a
of which the clerk
$1
account or seeking
and collected as
be
aforesaid, shall be preferred
to
or
upon
such
when
who
of
the
demand,
in
the
event
imprisonment
for
debt.
LIMITATION
LAWS.
taking,
detaining,
the
by
the
State.
In
have
the
same
periods,
court, forfeit to
selected by
under 6
either
provided or growing, or both, and fuel necessary for 6
months
and kept for
exempt,
shall
be
chosen
All heads
of families who have neither lands, town lots, nor houses subject
to exemption as
160 acres, and the
or, instead
at the
dwelling-house
not
the same
aforesaid, during
the time
any one or more of the
family
of
the
debtor,
minor child
per-
to
the
extent
of
$500
village, shall
337
buildings
or
appurtenance, and the lot of land on whioh the same shall
stand.
skill, machinery, and
material furnished, or
and, after making oath
machinery and
which
furnishing
of
materials,
structures and
arrested in this State for debt, and an attachment may
issue
when
any
person
his property,
the
reach
of
his
creditors
; third,
that he has property or rights of action which he fraudulently
conceals
dispose of
his property,
The affidavit
shall also
has been
executed, by one or more sufficient sureties of the plaintiff, a
written
undertaking,
to
all
damages
which
claim
erty,
such
as
writing,
expressed
or
implied
; an
property
family
Bible,
any
debt
or
liability
contracted
or
incurred
or liab.lity
without the
; Provided,
surviving
wife
any
after
in the county
a just
due
to
said
lien.
If
ma-
terials,
within
within 5
days after
the
latter
reside
out
situated,
by
delivering
usual
of the
structure on which such labor was performed, and for which
such
materials
under
the
con-
preceding section, said
to become due, under
established
by
proper
legal
lien shall
the
from the
jurisdiction,
with
said
lien
be
one,
said premises,
herein
manner,
any
or other person per-
of
this
himself from his
about to abscond or absent himself, so
that
removed or is about to remove any of his property
or
effects
out
;
ant recover
and all damage which
specified in
United
States,
or
of
or liability,
actions for
ground
of
fraud,
the
cause
his
official
capacity,
and
judgment
shall
be
the
family
family
$20
of
$20
debtor or
Peal
Estate.
January
1,
long
is
valid
wife
by deed executed
The
sheriff, holding an execution about to be levied on lands and
tenements,
is
required,
on
exceeding $500
chosen
by
metes
and
bounds,
to
the
officer
writ
reappraise-
 
the order
payment of said
and a true
finished. This
oath
that
of
$13
the State
The
before
two
Justices
of
the
Peace,
from such evidence as he may bring forward,
that he
order his
LIMITATION
LAWS.
Actions
which
must
he
judgment
This
exemption
will
continue
to
occupy
child is of
widow.
this redemp-
tion is
valid. But
this exemption, a
county where the property is
situated,
and
published
once
a
No
property
from sale for non-payment
; it
cannot
be
leased
owner.
If
an
specifications of
the work
contracted to
materials.
any
land
or
workman employed by him to
per-
form
together
on receipt
authorized to pay
must
not
contract. In case
should not sell
claims, then the same
paid
be
arrested
in
this
if he
bring
action
shall make
he
attachment against the property of such debtor, wherever it may
be found
and the
of
property
attached,
made
by
defendant
pending
the
attachment,
the contract,
interest,
in
the
absence
of
a
written
settlement of
account, calculating 6
than 12
with their
6
1
sugar-
dish,
1
milk
pot,
1
tea-pot,
irons,
shovel,
to
the
carrying
on
neces-
child becomes
of age,
contracted
as above
of the
premises exceed
surplus
is
not
paid
within
in the
any other
5th.
vessel,
or
the
said
days after such departure, cause to be drawn
up
contracted
by
ship
of
unless dur-
ing the said 6 months such ship or vessel shall he absent from the
port
the
lien upon such ship
first
the statewents
clerk of the county in
which such debt shall have been contracted,
except
that
when
specified, may make
of
the
shall
debt was
behalf.
persons
making
such
claim,
and
commanding
her
tackle,
apparel,
and
same, within
if
no
published,
owner,
or
altering,
or
same,
to
the
extent
of
the
right,
title,
employing him: Provided
such labor or materials shall, within 30 days after the
performance
cause
to
be
where
the
the
work
contracted
and the
be
known.
time of
any
or
materials
furnished,
and
the
service
of
in person
the amount claimed to
be due for the
be always open.
attorney
with
$100
or
the
building
is
located,
by
serving
a
agent anywhere within this
Justice of the town in
which
the
thereof,
and
appear before said Justice
the claimant will
so
claimed
a
done ; or
take the
due. The
amount so
ascertained to
with or employment
cordance with the
building
stand, to the
incurred at
owner's
name
shall
impair
person against whom
same. He shall also enter on this
docket
which he shall receive
whom
5
cents
said search.
Any person
there-
after,
owner
or
other
to
and
liens shall be less
in the said city, and
where they
the
action
shall
be
deprived
of
jurisdiction
the parties
of New York
the
a lien
upon the
land and
street and
The said county clerk shall enter the
particulars of
be
such lien. A copy of
said notice shall
clainjant
in
this
section
specified.
in
any
proceedings
for
the
materials furnished, and after the
filing
of
enforce or bring to a close such lien, by a
civil action in
such lands or
of the
claimed to
be due.
a
person
by
him,
in
the
court may award costs against such of the parties as shall
be
just.
The
lien
out
of
his
can
in case the
by 2 or more
Judge, to the effect that he, the defendant, will at
all
times
Within 6 years.
of
people
of
when proof
account.
circulation
as
money ;
banking associSi-
by
the
of a new
whofa cause
the time
of such
time limited for the commencement
of the
longer
1
value of
under
3 years after
such
lien
precedence of any prior
specified,
unless process shall be previously taken to enforce payment of the
debt.
COLLECTION
LAWS.
Imprisonment
removing
against
the
estate,
also
issue in favor of a resident of the State against the estate of
a
non-resident.
LIMITATION
LAWS.
within
7
years
after
the
caiise
of
action
accrued.—
of
rent,
upon land.
wounding,
of
their
disability.
INTEREST
LAWS.
All
contracts
for
an
increased
rate
debt,
ST