The Providence journal, and town and country advertiser (Providence [R.I.]), 1800-05-14 00:00:00

The Providence Journal
AND
TOWN AND COUNTRY ADVERTISER
Published on WEDNESDAYS, by JOHN CARTER, JUN. Printer of the LAWS of the UNITED STATES for the State of RHODE-ISLAND, &c. At the New PRINTING-OFFICE, West Side of the great Bridge, PROVIDENCE.
[ No. 72. ]
WEDNESDAY, May 14, 1800.
[ Vol. II. ]
Congress of the United States.
HOUSE OF REPRESENTATIVES.
MONDAY, May 5.
MR. Nicholas, from the committee of defence, reported a resolution that it would be expedient to appropriate 100,000 dollars for the forts and harbours of the United States for the present year, which was referred to the same committee of the whole, to whom was referred the bill this day for making further provisions for the year 1800.
Mr. Parker observed, that it was but lately he had heard of the liberation of several vessels taken into France by the cruisers of that nation, and not until this day he had notice of any particular circumstance; this was of a vessel which he had been informed, by letter, had been liberated in France, had sold her cargo, and returned to Norfolk with a cargo of wine and brandy. By the non-intercourse law, 4th Sect. (which he read) the vessel and cargo were obliged to be confiscated to the United States, and he had been informed by the Treasury and Navy Departments there was no present mode of relief. He conceived a number of vessels would soon appear to be in the same situation, who, like the captain of this vessel, having no idea of the liability of their vessels to condemnation, would enter the United States without apprehension. As he supposed this inconvenience should be removed, he moved that the committee of commerce be directed to consider the subject, and report by bill or otherwise.
Mr. Nicholas hoped it would lie on the table; he considered this a case the House had very lately legislated on, and it was impossible but, when that gentleman gave his vote for continuing the suspension of intercourse, he must have considered the possibility of such a circumstance as this; this was a necessary case arising out of the prohibition, and, in short, every material feature of the bill. Mr. N. said he was not disposed to take the particular case, mentioned by his colleague, out of the bill, and merely because it was one of his constituents. If this principle was to be adopted, he knew no objection there could be to repeal the law altogether, and if the gentleman thought the state of things would admit of it, he had no objection to agree to do that, but, as the measure was a part of the system of defence, he could not agree to make its provisions partial, merely because one or another gentleman's constituents were particularly injured by it.
The resolution was laid on the table.
TUESDAY, May 6.
Mr. Parker called up the resolution which he laid on the table yesterday, instructing the Committee of Commerce and Manufactures to enquire whether any and what further amendments are necessary to the non-intercourse law—which having been taken into consideration, Mr. P. again contended for the propriety of its adoption.
Mr. Macon moved to amend the resolution, by instructing the committee to enquire into the expediency of bringing in a bill to repeal the law altogether—which was agreed to by Mr. Parker, and incorporated in his resolution as follows:
Resolved, That the Committee of Commerce and Manufactures be instructed to enquire whether it be expedient to repeal or amend the act further to suspend the Commercial intercourse between the U. States and France and the dependencies thereof, and report their opinion thereon by bill or otherwise.
Mr. Nicholas moved to amend the resolution, by striking out the words in italic in the 3d line.
A long debate took place on this motion, in which it was frequently observed, that the change of conduct on the part of the French government, which was manifest, ought to produce an equal change on our part—but that we should not touch one system of defence, without connecting it with another—that the power for ceasing of hostilities, which was lodged with the executive, would no doubt be justly exercised—and whenever circumstances would warrant the measure—which no doubt would be taken upon the receipt of the first dispatches from our Ministers at Paris.
The motion to strike out was negatived.
Mr. Gallatin then opposed the resolution, on the ground that it would be highly improper to take any measure at the present time, which would change our defensive system—He had no wish even to see the bill amended—persons who may or have suffered could obtain relief by petitioning Congress, who no doubt would grant it wherever there was no fraud or collusion.
The question on the original resolution was put and negatived—Ayes 40—Nays 43.
A message was received from the Senate by Mr. Otis, their secretary, informing the house that the Senate have passed the two following bills, viz.
"An act supplementary to the act establishing the Mint, and regulating the coins of the United States"—to which they request the concurrence of this House—and "An act to provide for the equalization of unfulfilled lands."
The bill relative to the mint was read a first and second time, and committed to a committee of the whole house.
Domestic Intelligence.
PHILADELPHIA, May 5.
Extract of a letter from a Captain of one of the United States ships of war, dated off Porto Rico, March 31.
"Privateering seems nearly at an end; I am informed by good authority that there have not been as many captures by the French lately, as will enable the owners of privateers to fit them out for a second expedition."
"A few days since I fell in with the United States brig Augusta, and I think her one of the finest brigs in the service, remarkably stiff, and sails uncommonly fast; with a very stiff breeze, and with single reefed topsails and top-gallant sails over them, going by the wind, her lee ports were two feet clear of the water."
[This is the same brig Augusta, that some folks wanted condemned as unfit for service. Our friends to the east might not have intended any attack upon the reputation of the southern ship-builders, but there was something very much like it.]
Extract of a letter from Capt. Little, of the Boston frigate, to the Secretary of the Navy, dated At Sea, 19th March.
"On the 1st of March, being between St. Gonaives and the point of St. Marks, with a merchant brig in tow, bound to Port-au-Prince, I saw nine barges making towards me from the Island of Gonaives, having about 20 men each, and carrying from 30 to 40 men; their object was the Boston. On discovering them I ordered my guns to be instantly loaded, to destroy them if possible, which answered the intended effect in some measure.—On approaching within that they found their mistake, and turned to run away from me. The guns were immediately out, and a fire commenced, which lasted two hours, during which time I destroyed three of the barges, with the crews: the rest were so fortunate as to reach the island, but in a most shattered condition."
A most violent and outrageous assault was yesterday committed upon the person of Mr. Andrew Brown, of this city. Mr. B. was attacked in Chestnut-street, and severely wounded, by two men, one of whom was a very sturdy Irishman. Capt. M'Euen, the Commandant of the Battalion of Blues, came to his assistance, and arrested one of the villains: the other fled.
NEW-YORK, May 7.
Captain Stone, arrived at Norfolk in 50 days from Bourdeaux, brought dispatches from our ministers, who arrived at Bourdeaux from Courruna on the 22nd of February, on their way to Paris.
On the 12th of January, about eight in the morning, several persons in South-Prussia saw three suns appear on a sudden. They rose majestically from the horizon. At seven o'clock the sky was clear and serene; a few minutes after it was covered with clouds; and at half past eight, there were seen in the east three columns of fire, the middle one of which rose to the height of 45 degrees. The two others, formed by the two other suns, were only a third as big as the middle one; they seemed to burn like a blazing fire, and as they rose, produced a majestic and awful effect.
Another phenomenon has occurred in Polish Prussia. Near the village of Labutin, in the district of Pizadele, is a lake about a league long, and three quarters of a league broad. A forest of oak is on one side, and the villages of Labutin and Zackrowsko on the other. This lake was all at once covered with red spots, which the superstitious inhabitants said was blood rained from heaven. The peasants from all parts, ran to look at the miracle, and soon saw pieces of red matter float on the water, some of them five inches thick. The lake was frozen, and the red spots remained upon the ice. Three members of the Administration proceeded to take cognizance of the phenomenon, and they apprehended that the surface of the lake was in reality covered with spots of blood, red in some places, with red and green spots, and purple and violet spots in others. They caused the ice to be broken one foot from the bank, and they found a crust of red and green three inches deep. Having penetrated to eleven inches depth, they found a red and green substance, some of it glutinous.
Two of the administrators having resolved to take it, found it extremely acid. It also produced an immediate and very great pain in the temples and stomach. The melted ice produced a greyish water, which smelled of sulphur. Experiments are now making at Berlin to ascertain what it is, and a quantity of the water has been sent to the Royal Academy there.
Extract of a letter from a respectable mercantile house in Bourdeaux, to another in Baltimore, dated March 18, 1800.
"Your Envoys passed through here 10 days since, on their way to Paris. We have every reason to hope, from the pacific disposition of our present government, that their mission will be crowned with success, which we most sincerely wish, for the mutual interest of both."
Providence,
WEDNESDAY, MAY 14.
The Bankrupt Law being of very great importance, we have given it entire this day, which we presume will prove highly satisfactory to our respectable patrons.
By Captain Braine, arrived at New-York from Grenock, we have information that the British fleet was at sea, and that Lord Bridport was in pursuit of them.
Buonaparte has publicly announced his intention of taking the command of the army, in the ensuing campaign. In his address to the people on this subject, he expresses his wish for peace—inveighs against the government of G. Britain for rejecting his overtures, and insinuates that the continental powers will be influenced by more pacific principles.
THE BANK OF FRANCE.
The following account of this establishment appears in the Paris Journals:—
The funds of the bank of France amount to thirty millions of francs, which are divided into thirty thousand shares. The bank is empowered to discount bills of exchange and promissory notes, having three signatures of French citizens, or foreign merchants of known solvability; to advance money on a cash account with individuals and public establishments; and to issue notes payable to the bearer, both at sight, and a certain number of days after.
But it will advance no money on securities resulting from transactions contrary to the interest of the Republic, or to legal commerce, nor upon mere bills of accommodation.
The general court of the bank will be composed of the 200 proprietors, who, being citizens of France, possess the greatest number of shares. This circumstance will be ascertained at the conclusion of every quarter; and in cases where the amount is equal, the preference will be given according to the date of subscription. The affairs of the bank are to be under the immediate management of fifteen regents, and three censors, to be chosen by the general court. The regents and censors must be individually possessed of thirty, or collectively of five hundred and forty shares. A general court is to be held on the 27th Vendémiaire of every year; but it may be extraordinarily convened by the regency, for the purpose of proposing changes or modifications of the fundamental statutes. The transfers of the shares are to be made on the order of the holder, presented by one of the accredited agents of the bank, of which, as a security for their conduct, they must themselves possess a certain number of shares. The regents and censors will hold a general council every six months, for declaring the dividends, which will be paid in Paris by the cashier of the bank, and in the chief place of every department, by the correspondents of the bank.
Captain Callesder, of the brig Amelia, arrived at Philadelphia, informs, that he sailed from the Isle of France the 25th of February, and left there the ship Lewis, Deale, of Baltimore, who was captured in the Bay of Bengal, the 2d of January, by a French privateer, which engaged the Criterion, of Philadelphia, but not with the same success. It is the opinion of Capt. C. that the Lewis will be condemned. Left also at the Isle of France, the ship Russell, captain Wood, of Newport, taken sometime since and condemned; and ship Margaret, Coward, of and for Baltimore, to sail in a few days—the latter vessel was obliged to put into the Isle of France in distress.
Private letters from Bourdeaux, received at Norfolk by the Tuly, Capt. Stone, mention, that our Commissioners passed through that city on their way to Paris—that they were everywhere received in France with the highest demonstrations of respect—and that the French government was making splendid preparations to receive them.
A conference on the subject of peace is to be opened between Messrs. Daye, Eulsworth, and Murray, the Ministers Plenipotentiary of the United States of America, and a commission appointed for that purpose by the first consul. This commission consists of three members, Joseph Buonaparte, Fleurieu, and Roderer. Citizen Mourgués is Secretary.
In the House of Representatives of the United States, on the 2d inst. the bill prescribing the mode of deciding disputed Elections of President and Vice-President of the United States was read a third time and passed, 52 to 37.—Its title was declared to be, "An act prescribing the mode of counting the votes for President and Vice-President of the United States."
We hear that Commodore Truxtun is to command the President frigate, of 44 guns, and that in consequence of this arrangement, Captain Murray, of the Insurgent, will succeed to the command of the Constellation. Capt. Fletcher, of the George Washington, we are also informed, will take command of the Insurgent.
On the third inst. the House of Representatives of the U. States resolved itself into a committee of the whole on the bill from the Senate in addition to the act to prohibit the carrying on the slave trade from the United States to any foreign place or country. The bill was read a third time and passed,—Ayes 69—Nays 5.
By the fourth section of this bill (which was particularly objected to) it is enacted and declared, that the commanders of the public armed vessels of the United States, shall seize upon all vessels they may meet with, the property of the citizens of the United States, engaged in the slave trade, and bring them into any port of the United States, where they shall be condemned as forfeited to the sole benefit and use of the commander and crew making such seizures, with all the property on board, the slaves excepted, who are to be set at liberty.
By a letter from the Hague, dated February 24th, we learn, that Mr. Bourne, the American Consul at the Hague, is charge-des-affaires of the United States to the Batavian government during the absence of Mr. Murray.
Blanchard the aeronaut, lately after ascending in his balloon, alighted near Nanz; but the conclusion of the expedition had nearly proved fatal. A peasant, who knew nothing about balloons or aeronauts, received him in a very rude manner; and thinking that he must be in a league with the devil, attempted to stab him with a knife.
The ship Rising States, Capt. Scott Jenckes, from this port for the N. W. Coast, touched at Rio-Janeiro on the 9th of November last, then out 71 days, and was to proceed on her voyage the 14th.
The armed ship John Jay, Captain Dexter, failed yesterday from this port, for Canton.
BOSTON, May 13.
We understand that Mr. Cooper, who was deputed from the United States to the Isle of France, to negotiate a renewal of intercourse with that Island, has returned; and that the result is favourable.
The U. S. sloop of war Portsmouth, Captain M'Neil, from New-York for France, was spoken April 27th, long. 51, lat. 43: 20. She sailed April 16.
A British squadron, under Admiral Duckworth, has captured two Spanish frigates, from Cadiz for Lima. The Swiftsure, Capt. Hallowell, was detached from the squadron in pursuit of several other ships, part of the Spanish convoy.
Captain Waters, in the East-India ship Atlantic, of Philadelphia, has had a very severe engagement in the India seas, with a French ship of 24 brass long 12-pounders, which he beat off, and has arrived safe at Calcutta. The East-India Company of North-America, propose to pay an honourable token of regard to the gallant, seaman-like and meritorious conduct of Captain Waters.
The Repulse, of 64 guns, Capt. Alm, has been lost on the coast of France—The crews, except 39 who were drowned, were taken by the French.
A letter from Gibraltar, March 31st, states, that the remnant of the French army in Egypt has capitulated to the Turks. The troops are to be transported to France, and not to live again during the war.
We are informed from good authority, that James M'Henry, Esq. the Secretary at War of the United States, has resigned his office.
FROM SALEM, MAY 12.
Extract of a letter from G. Stacey, Esq. Vice-Consul at the Isle of France, to a gentleman in this town, dated February 23, 1800.
"Mr. Cooper, Agent from the United States to the government of the Isle of France, has effected the object of his mission."
The British ship Queen Charlotte, of 84 guns, took fire on the 27th of March, when before Leghorn, and was entirely consumed. Her crew consisted of 800 persons, of whom 670 perished. It was Lord Keith's flag ship; but his Lordship was on shore. In a letter to Capt. Robinson, of the American ship Castor and Pollux, his Lordship has acknowledged, in grateful terms, the humanity and activity of the officers and crews of the American vessels at Leghorn, on the melancholy occasion.
A fleet of American vessels, of 40 sail, left St. Thomas on the 19th of April, under convoy of the U. S. brig Pinckney, who had with her 4 French Privateers she had lately captured.
Married,
At Windsor, (Con.) Rev. Henry A. Rowland, formerly of this town, to Miss Frances Bliss, of Springfield.
Died,
At Philadelphia, after a lingering illness of many months, Tench Francis, Esq. Purveyor of the United States, in the 69th year of his age.

Laws of the United States.
PUBLISHED By Authority.
SIXTH CONGRESS
OF THE United States.
At the First Session, begun and held at the city of PHILADELPHIA, in the State of Pennsylvania, on Monday the second of December, 1799.
CHAPTER XIX.
An ACT to establish an uniform System of Bankruptcy throughout the United States.
Sec. 1. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the first day of June next, if any merchant, or other person, residing within the United States, actually using the trade of merchandise, by buying and selling in gross, or by retail, or dealing in exchange, or as a banker, broker, factor, underwriter, or marine insurer, shall, with intent unlawfully to delay or defraud his or her creditors, depart from the state in which such person usually resides, or remain absent therefrom, or conceal him or herself therein, or keep his or her house, so that he or she cannot be taken, or served with process, or willingly or fraudulently procure him or herself to be arrested, or his or her lands, goods, money or chattels to be attached, sequestered, or taken in execution, or shall secretly convey his or her goods out of his or her house, or conceal them to prevent their being taken in execution, or make, or cause to be made, any fraudulent conveyance of his or her lands, or chattels, or make or admit any false or fraudulent security, or evidence of debt; or being arrested for debt, or having surrendered him or herself in discharge of bail, shall remain in prison two months, or more, or escape therefrom, or whose lands or effects being attached by process issuing out of, or returnable to, any court of common law, shall not, within two months after written notice thereof, enter special bail and dissolve the same, or in districts in which attachments are not dissolved by the entry of special bail, being arrested for debt after his or her lands and effects, or any part thereof, have been attached for a debt or debts amounting to one thousand dollars or upwards, shall not, upon notice of such attachment, give sufficient security for the payment of what may be recovered in the suit in which he, or she, shall be arrested, at or before the return day of the same, to be appropriated by the judge of the district, or some judge of the court out of which the process issued upon which he is arrested, or to which the same shall be returnable, every such person shall be deemed and adjudged a bankrupt: Provided, That no person shall be liable to a commission of bankruptcy, if the petition be not preferred, in manner hereinafter directed, within six months after the act of bankruptcy committed.
Sec. 2. And be it further enacted, That the judge of the district court of the United States for the district where the debtor resides, or usually resided at the time of committing the act of bankruptcy, upon petition, in writing, against such person or persons being bankrupt, to him to be exhibited by any one creditor, or by a greater number, being partners, whose single debt shall amount to one thousand dollars, or by two creditors, whose debts shall amount to one thousand five hundred dollars, or by more than two creditors, whose debts shall amount to two thousand dollars, shall have power by commission, under his hand and seal, to appoint such good and substantial persons, being citizens of the United States, and resident in such district, as such judge shall deem proper, not exceeding three, to be commissioners of the said bankrupt; and in case of vacancy or refusal to act, to appoint others from time to time, as occasion may require: Provided always, That before any commission shall issue, the creditor or creditors petitioning shall make affidavit or solemn affirmation before the said judge, of the truth of his, her, or their debts, and give bond, to be taken by the said judge, in the name, and for the benefit of the said party so charged as a bankrupt, and in such penalty, and with such surety as he shall require, to be conditioned for the proving of his, her or their debts, as well before the commissioners as upon a trial at law, in case the due issuing forth of the said commission shall be contested, and also for proving the party a bankrupt, and to proceed on such commission, in the manner herein prescribed. And if such debt shall not be really due, or after such commission taken out it cannot be proved that the party was a bankrupt, then the said judge shall, upon the petition of the party aggrieved, in case there be occasion, deliver such bond to the said party, who may sue thereon, and recover such damages, under the penalty of the same, as, upon trial at law, he shall make appear he has sustained, by reason of any breach of the condition thereof.
Sec. 3. And be it further enacted, That before the commissioners shall be capable of acting, they shall respectively take and subscribe the following oath or affirmation, which shall be administered by the judge issuing the commission, or by any of the judges of the supreme court of the United States, or any judge, justice, or chancellor of any state court, and filed in the office of the clerk of the district court: "I, A. B. do swear, or affirm, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me, as a commissioner in a commission of bankruptcy against [name] and that without favour or affection, prejudice or malice." And the commissioners, who shall be sworn as aforesaid, shall proceed, as soon as may be, to execute the same; and upon due examination, and
sufficient cause appearing against the party charged, shall and may declare him or her to be a bankrupt: Provided, That before such examination be had, reasonable notice thereof, in writing, shall be delivered to the person charged as a bankrupt; or if he or she be not found at his or her usual place of abode, to some person of the family above the age of twelve years; or if no such person appear, shall be fixed at the front or other public door of the house, in which he or she usually resides, and thereupon it shall be in the power of such person, so charged as aforesaid, to demand before, or at the time appointed for such examination, that a jury be impanelled to enquire into the fact or facts, alleged as the causes for issuing the commission, and on such demand being made, the enquiry shall be had, before the judge granting the commission; at such time as he may direct; and in that case, such person shall not be declared bankrupt, unless, by the verdict of the jury, he or she shall be found to be within the description of this act, and shall be convicted of some one of the acts described in the first section of this act: Provided also, that any commission which shall be taken out as aforesaid, and which shall not be proceeded in as aforesaid, within thirty days thereafter, may be superseded by the said judge, who shall have granted the same, upon the application of the party thereby charged as a bankrupt, or of any creditor of such person, unless the delay shall have been unavisdable, or upon a just occasion.
Sec. 4. And be it further enacted, That the commissioners so to be appointed, shall have power, forthwith, after they have declared such person a bankrupt, to cause to be apprehended, by warrant under their hands and seals, the body of such bankrupt, wheresoever to be found, within the United States: Provided, they shall think, that there is reason to apprehend that the said bankrupt intends to abscond or conceal him or herself; and in case it be necessary, in order to take the body of the said bankrupt, shall have power to cause the doors of the dwelling-house of such bankrupt to be broken, or the doors of any other house in which he or she shall be found.
Sec. 5. And be it further enacted, That it shall be the duty of the commissioners so to be appointed, forthwith, after they have declared such person a bankrupt, and they shall have power, to take into their possession, all the estate, real and personal, of every nature and description, to which the said bankrupt may be entitled, either in law or equity, in any manner whatsoever, and cause the same to be inventoried and appraised to the best value, (his or her necessary wearing apparel, and the necessary wearing apparel of the wife and children, and necessary beds and bedding of such bankrupt only excepted) and also to take into their possession, and secure, all deeds and books of account, papers and writings, belonging to such bankrupt; and shall cause the same to be safely kept, until assignees shall be chosen or appointed, in manner hereinafter provided.
Sec. 6. And be it further enacted, That the said commissioners shall forthwith, after they have declared such person a bankrupt, cause due and sufficient public notice thereof to be given, and in such notice shall appoint some convenient time and place for the creditors to meet, in order to choose an assignee or assignees of the said bankrupt's estate and effects; at which meeting the said commissioners shall admit the creditors of such bankrupt, to prove their debts; and where any creditor shall reside at a distance from the place of such meeting, shall allow the debt of such creditor to be proved by oath or affirmation, made before some competent authority, and duly certified, and shall permit any person duly authorized by letter of attorney from such creditor, due proof of the execution of such letter of attorney being first made, to vote in the choice of an assignee or assignees of such bankrupt's estate and effects, in the place and stead of such creditor: And the said commissioners shall assign, transfer or deliver over, all and singular the said bankrupt's estate and effects, aforesaid, with all miniments and evidences thereof, to such person or persons as the major part, in value, of such creditors, according to the several debts then proved, shall choose as aforesaid: Provided always, That in such choice, no vote shall be given by, or in behalf of any creditor, whose debt shall not amount to two hundred dollars.
Sec. 7. Provided always, and be it further enacted, That it shall be lawful for the said commissioners, as often as they shall see cause, for the better preserving and securing the bankrupt's estate, before assignees shall be chosen as aforesaid, immediate to appoint one or more assignee or assignees of the estate and effects aforesaid, or any part thereof; which assignee or assignees aforesaid, or any of them, may be removed at the meeting of the creditors, so to be appointed as aforesaid, for the choice of assignees, if such creditors, entitled to vote as aforesaid, or the major part, in value, of them, shall think fit; and such assignee or assignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come to his or their hands or possession, unto such other assignee or assignees as shall be chosen by the creditors as aforesaid; and all such estate and effects shall be, to all intents and purposes, as effectually and legally vested in such new assignee or assignees, as if the first assignment had been made to him or them, by the said commissioners; and if such first assignee or assignees shall refuse or neglect, for the space of ten days next after notice, in writing, from such new assignee or assignees, of their appointment, as aforesaid, to deliver over as aforesaid all the estate and effects as aforesaid, every such assignee or assignees shall, respectively, forfeit a sum not exceeding five thousand dollars, for the use of the creditors, and shall moreover be liable for the property so detained.
Sec. 8. And be it further enacted, That at any time, previous to the closing of the accounts of the said assignee or assignees, so chosen as
aforesaid, it shall be lawful for such creditors of the bankrupt as hereby authorized to vote in the choice of assignees, or the major part of them, in value, at a regular meeting of the said creditors, to be called for that purpose, by the said commissioners, or by one fourth, in value, of such creditors, to remove all or any of the assignees chosen as aforesaid, and to choose one or more, in his or their place and stead: And such assignee or assignees as shall be so removed, shall deliver up all the estate and effects of such bankrupt, which shall have come into his or their hands or possession, unto such new assignee or assignees as shall be chosen by the creditors, at such meeting; and all such estate and effects shall be, to all intents and purposes, as effectually and legally vested in such new assignee or assignees, as if the first assignment had been made to him or them, by the said commissioners: And if such former assignee or assignees shall refuse or neglect, for the space of ten days next after notice, in writing, from such new assignee or assignees of their appointment, as aforesaid, to deliver over, as aforesaid, all the estate and effects aforesaid, every such former assignee or assignees, shall, respectively, forfeit a sum not exceeding five thousand dollars, for the use of the creditors, and shall moreover be liable for the property so detained.
Sec. 9. And be it further enacted, That whenever a new assignee or assignees shall be chosen as aforesaid, no suit at law or in equity shall be thereby abated; but it shall and may be lawful for the court in which any suit may depend upon the suggestion of a removal of a former assignee or assignees, and of the appointment of a new assignee or assignees, to allow the name of such new assignee or assignees, to be substituted in place of the name or names of the former assignee or assignees, and thereupon the suit shall be prosecuted in the name or names of the new assignee or assignees, in the same manner as if he or they had originally commenced the suit in his or their own names.
Sec. 10. And be it further enacted, That the assignment or assignments of the commissioners of the bankrupt's estate and effects as aforesaid, made as aforesaid, shall be good at law or in equity, against the bankrupt; and all persons claiming by, from, or under such bankrupt, by any act done at the time, or after he shall have committed the act of bankruptcy, upon which the commission issued: Provided always, That in case of a bona fide purchase, made before the issuing of the commission from or under such bankrupt, for a valuable consideration, by any person having no knowledge, information or notice of any act of bankruptcy committed, such purchase shall not be invalidated or impeached.
Sec. 11. And be it further enacted, That the said commissioners shall have power, by deed or deeds, under their hands and seals, to assign and convey to the assignees or assignees, to be appointed or chosen as aforesaid, any lands, tenements or hereditaments, which such bankrupt shall be seized of, or entitled to, in fee, tail, at law, or in equity, in possession, remainder or reversion; for the benefit of the creditors; and all such deeds, being duly executed and recorded according to the laws of the state within which such lands, tenements or hereditaments may be situate, shall be good and effectual against all persons whom the said bankrupt, by common recovery, or other means, might or could bar of any estate, right, title, or possibility of or in the said lands, tenements, or hereditaments.
Sec. 12. And be it further enacted, That if any bankrupt shall have conveyed or assured any lands, goods or estate, unto any person, upon condition or power of redemption, by payment of money or otherwise, it shall be lawful for the commissioners, or for any person by them duly authorized for that purpose, by writing, under their hands and seals, to make tender of money or other performance according to the nature of such condition, as fully as the bankrupt might have done; and the commissioners, after such performance or tender, shall have power to assign such lands, goods and estate, for the benefit of the creditors, as fully and effectually as any other part of the estate of such bankrupt.
Sec. 13. And be it further enacted, That the commissioners aforesaid shall have power to assign, for the use aforesaid, all the debts due to such bankrupt, or to any other person for his or her use or benefit; which assignment shall vest the property and right thereof in the assignee or assignees of such bankrupt, as fully as if the bond, judgment, contract or claim, had originally belonged or been made to the said assignees; and after the said assignment, neither the said bankrupt, nor any person acting as trustee for him or her, shall have power to recover or discharge the same, nor shall the same be attached as the debt of the said bankrupt; but the assignee or assignees aforesaid shall have such remedy to recover the same, in his or their own name or names, as such bankrupt might or could have had, if no commission of bankruptcy had issued: And when any action in the name of such bankrupt shall have been commenced, and shall be pending for the recovery of any debt or effects of such bankrupt, which shall be assigned, or shall, or might become vested in the assignee or assignees of such bankrupt as aforesaid, then such assignee or assignees may claim to be, and shall be thereupon admitted to prosecute such action in his or their name, for the use and benefit of the creditors of such bankrupt, and the same judgment shall be rendered in such action, and all attachments or other security taken therein, shall be in like manner holden and liable, as if the said action had been originally commenced in the name of such assignee or assignees, after the original plaintiff therein had become a bankrupt as aforesaid: Provided, That where a debtor shall have, bona fide, paid his debt to any bankrupt, without notice that such person was bankrupt, he or she shall not be liable to pay the same to the assignee or assignees.
Sec. 14. And be it further enacted, That if complaint shall be made or information given to the commissioners, or if they shall have good
reason to believe or suspect, that any of the property, goods, chattels or debts, of the bankrupt, are in the possession of any other person, or that any person is indebted to, or for the use of the bankrupt, then the said commissioners shall have power to summon, or cause to be summoned, by their attorney or other person duly authorized by them, all such persons before them, or the judge of the district where such person shall reside, by such process or other means, as they shall think convenient: and upon their appearance, to examine them by parole or by interrogatories, in writing, on oath or affirmation, which oath or affirmation they are hereby empowered to administer, respecting the knowledge of all such property, goods, chattels and debts; and if such person shall refuse to be sworn or affirmed, and to make answer to such questions or interrogatories as shall be administered, and to subscribe the said answers, or upon examination shall not declare the whole truth touching the subject matter of such examination, then it shall be lawful for the commissioners, or judge, to commit such person to prison, there to be detained until they shall submit themselves to be examined in manner aforesaid, and they shall moreover forfeit double the value of all the property, goods, chattels; and debts, by them concealed.
Sec. 15. And be it further enacted, That if any of the aforesaid persons shall, after legal summons to appear before the commissioners or judge, to be examined, refuse to attend, or shall not attend at the time appointed, having no such impediment as shall be allowed of by the commissioners or judge, it shall be lawful for the said commissioners or judge to direct their warrants to such person or persons by them shall be thought proper, to apprehend such persons as shall refuse to appear, and to bring them before the commissioners or judge, to be examined; and upon their refusal to come, to commit them to prison, until they shall submit themselves to be examined, according to the directions of this act: Provided, That such witnesses as shall be so sent for, shall be allowed such compensation as shall be reasonably borne by the creditors; and if any person, other than the bankrupt, either by subornation of others, or by his or her own act, shall wilfully or corruptly commit perjury on such examination, to be taken before the commissioners as aforesaid, the party so offending, and all persons who shall procure any person to commit such perjury, shall on conviction thereof be fined not exceeding four thousand dollars, and imprisoned not exceeding two years, and moreover shall, in either case, be rendered incapable of being a witness in any court of records.
Sec. 16. And be it further enacted, That if any person or persons shall fraudulently or collusively claim any debts, or claim or retain any real or personal estate of the bankrupt, every such person shall forfeit double the value thereof, to and for the use of the creditors.
Sec. 17. And be it further enacted, That if any person, prior to his or her becoming a bankrupt, shall convey to any of his or her children, or other persons, any lands or goods, or transfer his or her debts or demands into other persons' names, with intent to defraud his or her creditors, the commissioners shall have power to assign the same, in as effectual a manner as if the bankrupt had been actually seized or possessed thereof.
Sec. 18. And be it further enacted, That if any persons who shall become bankrupt within the intent and meaning of this act, and against whom a commission of bankruptcy shall be duly issued, upon which commission such person or persons shall be declared bankrupt, shall not within forty-two days after notice thereof, in writing, to be left at the usual place of abode of such person or persons, or personal notice, in case such person or persons be then in prison, and notice given in some gazette, that such commission has been issued, and of the time and place of meeting of the commissioners, surrender him or herself to the said commissioners, and sign or subscribe such surrender, and submit to be examined from time to time, upon oath or solemn affirmation, by and before such commissioners, and in all things conform to the provisions of this act, and also upon such his or her examination, fully and truly disclose and discover all his or her effects and estate, real and personal, and how and in what manner, to whom and upon what consideration, and at what time or times he or she has disposed of, assigned or transferred any of his or her goods, wares or merchandise, monies, or other effects and estate, and of all books, papers and writings relating thereunto, of which he or she was possessed, or in or to which he or she was any ways interested or entitled, or which any person or persons shall then have, or shall have had in trust for him or her, or for his or her use, at any time before or after the issuing of the said commission, or whereby such bankrupt, or his or her family then hath, or may have or expect any profit, possibility of profit, benefit or advantage whatsoever, except only such part of his or her estate and effects as shall have been really and bona fide before sold and disposed of, in the way of his or her trade and dealings, and except such sums of money as shall have been laid out in the ordinary expenses of his or her family, and also, upon such examination, execute in due form of law, such conveyance, assurance, and assignment of his or her estate, whatsoever and whereforesoever, as shall be devised and directed by the commissioners, to vest the same in the assignees, their heirs, executors, administrators and assigns forever, in trust for the use of all and every the creditors of such bankrupt, who shall come in and prove their debts under the commission; and deliver up unto the commissioners, all such part of his or her the said bankrupt's goods, wares, merchandise, money, effects and estate, and all books, papers and writings relating thereunto, as at the time of such examination shall be in his or her possession, custody or power, his or her necessary wearing apparel, and the necessary wearing apparel of the wife and children, and necessary beds and bedding, of such

bankrupt only excepted, then he or she the said bankrupt, upon the conviction of any wilful default, or omission in any of the matters or things aforesaid, shall be adjudged a fraudulent bankrupt, and shall suffer imprisonment for a term not less than twelve months, nor exceeding ten years, and shall not, at any time after, be entitled to the benefits of this act: Provided always , that in case any bankrupt shall be in prison or custody at the time of issuing such commission, and is willing to surrender and submit to be examined, according to the directions of this act, and can be brought before the said commissioners and creditors for that purpose, the expence thereof shall be paid out of the said bankrupt's effects; and in case such bankrupt is in execution, or cannot be brought before the commissioners, that then the said commissioners, or some one of them, shall, from time to time, attend the said bankrupt in prison or custody, and take his or her discovery as in other cases, and the assignees, or one of them, or some person appointed by them, shall attend such bankrupt in prison or custody, and produce his or her books, papers and writings, in order to enable him or her to prepare his or her discovery; a copy whereof the said assignees shall apply for, and the said bankrupt shall deliver to them or their order, within a reasonable time after the same shall have been required.
Sec. 19. And be it further enacted , That the said commissioners shall appoint, within the said forty-two days, so limited as aforesaid, for the bankrupt to surrender and conform as aforesaid, not less than three several meetings for the purposes aforesaid, the third of which meetings shall be on the last of the said forty-two days: Provided always , That the judge of the district within which such commission issues, shall have power to enlarge the time so limited as aforesaid, for the purposes aforesaid, as he shall think fit, not exceeding fifty days, to be computed from the end of the said forty-two days, so as such order for enlarging the time be made at least six days before the expiration of said term.
Sec. 20. And be it further enacted , That it shall be lawful for the commissioners, or any other person or officers, by them to be appointed, by their warrant, under their hands and seals, to break open in the day time the houses, chambers, shops, ware-houses, doors, trunks or chests, of the bankrupt, where any of his or her goods, or estate, deeds, books of account or writings shall be, and to take possession of the goods, money, and other estate, deeds, books of account, or writings of such bankrupt.
Sec. 21. And be it further enacted , That if the bankrupt shall refuse to be examined, or to answer fully, or to subscribe his or her examination, as aforesaid, it shall be lawful for the commissioners to commit the offender to close imprisonment, until he or she shall conform him or herself; and if the said bankrupt shall submit to be examined, and upon his or her examination it shall appear that he or she hath committed wilful or corrupt perjury, he or she may be indicted therefor; and being thereof convicted, shall suffer imprisonment for a term not less than two years, nor exceeding ten years.
Sec. 23. And be it further enacted, That every bankrupt, having surrendered, shall, at all seasonable times before the expiration of the said forty-two days, as aforesaid, or of such further time as shall be allowed to finish his or her examination, be at liberty to inspect his or her books and writings, in the presence of some person to be appointed by the commissioners, and to bring with him or her, for his or her assistance, such persons as he or she shall think fit, not exceeding two at one time, and to make extracts and copies, to enable him or her to make a full discovery of his or her effects; and the said bankrupt shall be free from arrests in coming to surrender, and after having surrendered to the said commissioners, for the said forty-two days, or such farther time as shall be allowed for the finishing his or her examination; and in case such bankrupt shall be arrested for debt, or taken on any escape-warrant or execution, coming to surrender, or after his surrender within the time beforementioned, then on producing such summons or notice under the hand of the commissioners, and giving the officer a copy thereof, he, or she shall be discharged; and in case any officer shall afterwards detain such bankrupt, such officer shall forfeit to such bankrupt for his or her own use, ten dollars for every day he shall detain the bankrupt.
Sec. 23. And be it further enacted, That every person who shall knowingly or wilfully receive or keep concealed any bankrupt, so as aforesaid summoned to appear, or who shall assist such bankrupt in concealing him or herself, or in absconding, shall suffer such imprisonment, not exceeding twelve months, or pay such fine to the United States, not exceeding one thousand dollars, as upon conviction thereof shall be adjudged.
Sec. 24. And be it further enacted , That the said commissioners shall have power to examine, upon oath or affirmation, the wife of any person lawfully declared a bankrupt, for the discovery of such part of his estate as may be concealed or disposed of by such wife, or by any other person: and the said wife shall incur such penalties for not appearing before the said commissioners, or refusing to be sworn or affirmed, or examined, and to subscribe her examination, or for not disclosing the truth, as by this act is provided against any other person in like cases.
Sec. 25. And be it further enacted, That in case any person shall be committed by the commissioners for refusing to answer, or for not fully answering any question, or for any other cause, the commissioners shall, in their warrant, specify such question or other cause of commitment.
Sec. 26. And be it further enacted , That if after the bankrupt shall have finished his or her final examination, any other person or persons shall voluntarily make discovery of any part of such bankrupt's estate, before unknown to the commissioners, such person or persons shall be entitled to five per cent. out of the effects so discovered, and such further reward as the commis-
tioners shall think proper ; and any trustee having notice of the bankruptcy, wilfully concealing the estate of any bankrupt for the space of ten days after the bankrupt shall have finished his final examination, as aforesaid, shall forfeit double the value of the estate so concealed, for the benefit of the creditors.
Sec. 27. And be it further enacted , That if any person shall become bankrupt, and at such time, by consent of the owner, have in his or her possession and disposition, any goods whereof he or she shall be reputed owner, and take upon him or herself the sale, alteration or disposition thereof, as owner, the commissioners shall have power to assign the same for the benefit of the creditors, as fully as any other part of the estate of the bankrupt.
Sec. 28. And be it further enacted , That if any bankrupt, after the issuing any commission against him or her, pay to the person who sued out the same, or give or deliver to such person, goods or any other satisfaction or security for his or her debt, whereby such person shall privately have and receive a greater proportion of his or her debt than the other creditors, such preference shall be a new act of bankruptcy ; and on good proof thereof, such commission shall and may be superceded, and it shall and may be lawful for either of the judges, having authority to grant the commission as aforesaid, to award any creditor petitioning another commission, and such person, so taking such undue satisfaction as aforesaid, shall forfeit and lose, as well his or her whole debts, as the whole, he or she shall have taken and received, and shall pay back, or deliver up the same, or the full value thereof, to the assignee or assignees who shall be appointed or chosen under such commission, in manner aforesaid, in trust for, and to be divided amongst the other creditors of the said bankrupt, in proportion to their respective debts.
 Sec. 29. And be it further enacted , That every person who shall be chosen assignee of the estate and effects of a bankrupt, shall, at some time after the expiration of four months, and within twelve months from the time of issuing the commission, cause at least thirty days public notice to be given, of the time and place the commissioners and assignees intend to meet, to make a dividend or distribution of the bankrupt's estate and effects; at which time the creditors who have not before proved their debts, shall be at liberty to prove the same; and upon every such meeting, the assignee or assignees shall produce to the commissioners and creditors then present, fair and just accounts of all his or their receipts and payments, touching the bankrupt's estate and effects, and of what shall remain outstanding, and the particulars thereof, and shall, if the creditors then present, or a major part of them, require the same, be examined upon oath or solemn affirmation, before the same commissioners, touching the truth of such accounts; and in such accounts the said assignee or assignees shall be allowed and retain all such sum and sums of money, as they shall have paid and expended in suing out and prosecuting the commission, and all other just allowances on account of, or by reason or means of their being assignee or assignees; and the said commissioners shall order such part of the nett produce of the said bankrupt's estate, as by such accounts or otherwise shall appear to be in the hands of the said assignees, as they shall think fit, to be forthwith divided among such of the bankrupt's creditors as have duly proved their debts under such commission, in proportion to their several and respective debts; and the commissioners shall make such their order for a dividend in writing, under their hands, and shall cause one part of such order to be filed amongst the proceedings under the said commission, and shall deliver unto each of the assignees under such commission, a duplicate of such their order, which order of distribution shall contain an account of the time and place of making such order, and the sum total, or quantum of all the debts proved under the commission; and the sum total of the money remaining in the hands of the assignee or assignees to be divided, and how many per cent. in particular is there ordered to be paid to every creditor of his debt; and the said assignee or assignees, in pursuance of such order, and without any deed or deeds of distribution, to be made for the purpose, shall forthwith make such dividend and distribution accordingly, and shall take receipts, in a book to be kept for the purpose, from each creditor, for the part or share of such dividend or distribution which he or they shall make, and pay to such creditor respectively; and such order and receipt shall be a full and effectual discharge to such assignee for so much as he shall fairly pay, pursuant to such order as aforesaid. 
Sec. 30. And be it further enacted , That with- eighteen months, next after the issuing of the commission, the assignee or assignees shall take a second dividend of the bankrupt's estate and effects, in case the same were not wholly divided upon the first dividend, and shall cause public notice to be given at the time and place the said commissioners intend to meet, to take a second distribution of the bankrupt's estate and effects, and for the creditors who shall not before have proved their debts, to come in and prove the same; and at such meet- ing, the said assignees shall produce, on oath or solemn affirmation as aforesaid, their accounts of the bankrupt's estate and effects, and what, on the balance thereof, shall appear to be in their hands, shall by like order of the commis- sioners be forthwith divided amongst such of the bankrupt's creditors as shall have made due proof of their debts, in proportion to their sev- eral and respective debts; which second divi- dend shall be final, unless any suit at law or equity be depending, or any part of the estate pending out, that could not have been disposed of, or that the major part of the creditors shall not have agreed to be sold or disposed of, or un- less some other or future estate or effects of the bankrupt shall afterwards come to, or rest in the said assignees, in which cases the said assign- ees shall, as soon as may be, convert such fur- ture or other estate and effects into money, and shall, within two months after the same be con-
verted into money, by like order of the commissioners, divide the same among such bankrupt's creditors as shall have made due proof of their debts under such commission.
Sec. 31. And be it further enacted , That in the distribution of the bankrupt's effects, there shall be paid to every of the creditors a portion-rate, according to the amount of their respective debts, so that every creditor having security for his debt, by judgment, statute, recognizance, or specialty, or having an attachment under any of the laws of the individual states, or of the United States, on the estate of such bankrupt ( Provided there be no execution executed upon any of the real or personal estate of such bankrupt, before the time he or she became bankrupt) shall not be relieved upon any such judgment, statute, recognizance, specialty, or attachment, for more than a rateable part of his debt, with the other creditors of the bankrupt.
Sec. 32. And be it further enacted , That the assignees shall keep one or more distinct books or books of account, wherein he or they shall duly enter all sums of money or effects, which he or they shall have received, or got into his or their possession, of the said bankrupt's estate, to which books of account, every creditor who shall have proved his or her debt shall, at all reasonable times, have free resort, and inspect the same as often as he or she shall think fit.
Sec. 33. And be it further enacted , That every bankrupt, not being in prison or custody, shall, at all times after his surrender, be bound to attend the assignees, upon every reasonable notice, in writing, for that purpose, given or left at the usual place of his or her abode, in order to assist in making out the accounts of the said bankrupt's estate and effects, and to attend any court of record, to be examined touching the same, or such other business as the said assignees shall judge necessary, for which he shall receive three dollars per day.
 Sec. 34. And be it further enacted , That all and every person and persons who shall become bankrupt as aforesaid, and who shall, within the time limited by this act, surrender him or herself to the commissioners, and in all things conform as in and by this act is directed, shall be allowed five per cent. upon the nett produce of all the estate that shall be recovered in and received, which shall be paid unto him or her by the assignee or assignees, in case the nett produce of such estate, after such allowance made, shall be sufficient to pay the creditors of said bankrupt who shall have proved their debts under such commission, the amount of fifty per cent: on their said debts respectively; and so as the said five per cent. shall not exceed in the whole the sum of five hundred dollars; and in case the nett produce of the said estate shall, over and above the allowance hereafter mentioned, be sufficient to pay the said creditors seventy-five per cent. on the amount of their said debts, respectively, that then the said bankrupt shall be allowed ten per cent. on the amount of such nett produce, to be paid as aforesaid, so as such ten per cent. shall not, in the whole, exceed the sum of eight hundred dollars; and every such bankrupt shall be discharged from all debts by him or her, due or owing, at the time he or she became bankrupt, and all which were or might have been proved under the said commission; and in case any such bankrupt shall afterwards be arrested, prosecuted or unpleaded, for or on account of any of the said debts, such bankrupt may appear without bail, and may plead the general issue, and give this act, and the special matter in evidence: and the certificate of such bankrupt's conforming, and the allowance thereof, according to the directions of this act, shall be, and shall be allowed to be sufficient evidence, prima facie , of the party's being a bankrupt within the meaning of this act, and of the commission and other proceedings precedent to the obtaining such certificate, and a verdict shall thereupon pass for the defendant; unless the plaintiff in such action can prove the said certificate was obtained unfairly, and by fraud, or unless he can make appear any concealment of estate or effects, by such bankrupt, to the value of one hundred dollars: Provided , That no such discharge of a bankrupt shall release or discharge any person who was a partner with such bankrupt, at the time he or she became bankrupt, or who was then jointly held or bound with such bankrupt for the same debt or debts from which such bankrupt was discharged as aforesaid. 
Sec. 35. Provided always, and be it further stated, That if the nett proceeds of the bankrupt's estate, so to be discovered, recovered and received, shall not amount to so much as will pay all and every of the creditors of the said bankrupt, who shall have proved their debts under the said commission, the amount of fifty per cent. on their debts respectively, after all charges first deducted, that then, and in such case, the bankrupt shall not be allowed five per centum on such estate as shall be covered in, but shall have and be paid by the assignees so much money as the commissioners shall think fit to allow, not more than three hundred dollars, nor exceeding three per centum on the nett proceeds of the said bankrupt's estate.
 Sec. 36. Provided also, and be it further en- acted, That no person becoming a bankrupt according to the intent and provisions of this act, shall be entitled to a certificate of dis- charge, or to any of the benefits of the act, unless the commissioners shall certify under their hands, to the judge of the district within which such commission issues, that such bank- rupt hath made a full discovery of his or her estate and effects, and in all things conformed him or herself to the directions of this act, and that there doth not appear to them any reason to doubt of the truth of such discovery, or that the same was not a full discovery of the said bankrupt's estate and effects; or unless the said judge should be of opinion that the said certificate was unreasonably denied by the com- missioners; and unless two-thirds, in number and in value, of the creditors of the bankrupt, 
who shall be creditors for not less than fifty dollars respectively, and who shall have duly proved their debts under the said commission, shall sign such certificate to the judge, and testify their consent to the allowance of a certificate of discharge in pursuance of this act; which signing and consent shall be also certified by the commissioners; but the said commissioners shall not certify the same till they have proof by affidavit or affirmation, in writing, of such creditors, or of the persons respectively authorized for that purpose, signing the said certificate; which affidavit or affirmation, together with the letter or power of attorney to sign, shall be laid before the judge of the district within which such commission issues, in order for the allowing the certificate of discharge; and the said certificate shall not be allowed unless the bankrupt make oath or affirmation, in writing, that the certificate of the commissioners, and consent of the creditors thereunto, were obtained fairly and without fraud; and any of the creditors of the said bankrupt are allowed to be heard, if they shall think fit, before the respective persons aforesaid, against the making or allowing of such certificates by the commissioners or judge.
Sec. 39. And be it further enacted, That if any creditor, or pretended creditor of any bankrupt, shall exhibit to the commissioners any fictitious or false debt or demand, with intent to defraud the real creditors of such bankrupt, and the bankrupt shall refuse to make discovery thereof, and suffer the fair creditors to be imposed upon, he shall lose title to the allowance upon the amount of his effects, and to a certificate of discharge as aforesaid; nor shall he be entitled to the said allowance or certificate, if he has lost at any one time fifty dollars, or in the whole three hundred dollars, after the passing of this act, and within twelve months before he became a bankrupt, by any manner of gaming or wagering whatever.
Sec. 38. And be it further enacted , That if any bankrupt, who shall have obtained his certificate, shall be taken in execution, or detained in prison, on account of any debts owing before he became a bankrupt, by reason that judgment was obtained before such certificate was allowed, it shall be lawful for any of the judges of the court wherein judgment was so obtained, or for any court, judge or justice, within the district in which such bankrupt shall be detained, having powers to award or allow the writ of Habeas Corpus, on such bankrupt producing his certificate so as aforesaid allowed, to order any sheriff or gaoler who shall have such bankrupt in custody, to discharge such bankrupt without fee or charge, first giving reasonable notice to the plaintiff, or his attorney, of the motion for such discharge.
Sec. 33. And be it further enacted, That every person who shall have bona fide given credit or taken securities, payable at future days, from persons who are or shall become bankrupts, or due at the time of such persons becoming bankrupt, shall be admitted to prove their debts and contracts, as if they were payable presently; and shall have a dividend in proportion to the other creditors, discounting where no interest is payable, at the rate of ten pounds per centum per annum as is equal to the lawful interest of the state where the debt was payable; and the obligee of any bottomry or respondentia bond, and the assured in any policy of insurance, shall be admitted to claim, and after the contingency or loss, to prove the debt net due, in like manner as if the same had happened before issuing the commission; and the bankrupt shall be discharged from such securities, as if such money had been due and payable before the time of his or her becoming bankrupt; and such creditors may petition for a commission, or join in petitioning.
Sec. 40. And be it further enacted , That in case any person, committed by the commissioners' warrant, shall obtain a Habeas Corpus, in order to be discharged, and there shall appear any insufficiency in the form of the warrant, it shall be lawful for the court or judge before whom such party shall be brought by Habeas Corpus, by rule or warrant, to commit such person to the same prison, there to remain until he shall conform as aforesaid, unless it shall be made to appear that he had fully answered all lawful questions put to him by the commissioners; or in case such person was committed for refusing his examination, unless it shall appear that the party had good reason for refusing to sign the same, or that the commissioners had exceeded their authority in making such commitment; and in case the gaoler to whom such person shall be committed, shall wilfully or negligently suffer such person to escape, or to go without doors or walls of the prison, such gaoler shall, for such offence, being convicted thereof, forfeit a sum not exceeding three thousand dollars, for the use of the creditors.
Sec. 41: And be it further enacted, That the Gaoler shall, upon the request of any creditor, having proved his debt, and shewing a certificate thereof, under the hands of the commissioners, which the commissioners shall give without fee or reward, produce the person so committed; and in case such gaoler shall refuse to show such person to such creditor, requesting the same, such person shall be considered as having escaped, and the gaoler or sheriff so refusing, shall be liable as for a wilful escape.
Sec. 42.  And be it further enacted , That where shall appear to the said commissioners that there hath been mutual credit given to the bankrupt, and any other person, or mutual debts between them at any time before such person became bankrupt, the assignee or assignees of the estate shall state the account between them, and one debt may be set off against the other; and what shall appear to be due on either side the balance of such account, after such set off, and no more shall be claimed or paid on either side respectively.
Sec. 48. And be it further enacted, That it shall and may be lawful to and for the assignees or assignees of any bankrupt's estate and effects, under the direction of the commissioners, and with the consent of the major part, in va-

use of such of the said bankrupt's creditors as shall have duly proved their debts under the commission, and shall be present at any meeting of the said creditors, to be held in pursuance of due and public notice for that purpose given, to submit any difference or dispute for, on account of, or by reason or means of, any matter, cause or thing whatsoever, relating to such bankrupt or to his or her estate or effects, to the final end and determination of arbitrators to be chosen by the said commissioners, and the major part in value of such creditors as shall be present at such meeting as aforesaid, and the party or parties with whom they shall have such difference or dispute, and to perform the award of such arbitrators, or otherwise to compound and agree the matter in difference and dispute, as aforesaid, in such manner as the said assignee or assignees under the direction and with the consent, aforesaid, shall think fit and can agree; and the same shall be binding on the several creditors of the said bankrupt, and the said assignee or assignees are hereby indemnified for what they shall fairly do according to the directions aforesaid.
Sec. 44. And be it further enacted , That the assignees shall be, and hereby are vested with full power to dispose of all the bankrupt's estate real and personal at public auction or vendue, without being subject to any tax, duty, imposition or restriction, any law to the contrary notwithstanding.
Sec. 45. And be it further enacted , That if after any commission of bankruptcy, sued forth, the bankrupt happen to die before the commissioners shall have distributed the effects, or any part thereof, the commissioners shall nevertheless proceed to execute the commission, as fully as they might have done if the party were living.
Sec. 46. And be it further enacted , That where any commission of bankruptcy shall be delivered to the commissioners therein named to be executed, it shall and may be lawful for them before they take the oath or affirmation of qualification, to demand and take from the creditor or creditors prosecuting such commission, a bond with one good security if required, in the penalty of one thousand dollars, conditioned for the payment of the cost, charges and expenses, which shall arise and accrue upon the prosecution of the said commission: Provided always , That the expenses, so as aforesaid to be secured and paid by the petitioning creditor or creditors, shall be repaid to him or them by the commissioners or assignees, out of the first monies arising from the bankrupt's estate or effects, if so much be received therefrom.
Sec. 47. And be it further enacted , That the district judges, in each district respectively, shall fix a rate of allowance to be made to the commissioners of bankruptcy, as compensation of services to be rendered under the commission, and it shall be lawful for any creditor, by petition to the district judge, to except to any charge contained in the account of the commissioners: And the said judge, after hearing the commissioners, may in a summary way decide upon the validity of such exception.
Sec. 48. And be it further enacted , That all penalties, given by this act for the benefit of the creditors, 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.
Sec. 49. And be it further enacted , That if any action shall be brought against any commissioner, or assignee, or other person, having authority under the commission, for any thing done or performed by force of this act, the defendant may plead the general issue, and give this act and the special matter in evidence; and in case of nonsuit, discontinuance, or verdict or judgment for him, he shall recover double costs.
Sec. 50. And be it further enacted , That if any estate real or personal shall descend, revert to, or become vested in any person, after he or she shall be declared a bankrupt, and before he or she shall obtain a certificate, signed by the judge as aforesaid, all such estate shall, by virtue of this act, 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 thereof shall be divided among the creditors.
Sec. 51. And be it further enacted , That 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 finished, including the commissions, examinations, dividends, entries and other determinations of the said commissioners, in which office, the final certificate of the said bankrupt may also be recorded; all which proceedings shall remain of record in the said office, and certified copies thereof shall be admitted as evidence in all courts, in like manner as the copies of the proceedings of the said district court are admitted in other cases.
Sec. 52. And be it further enacted , That 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 certificate, if he shall think proper, and then and there to propose interrogatories, to be put by the judge or commissioners to the said bankrupt and others and also to produce and examine witnesses and documents before such judge or commissioners, relative to the subject matter before them. And in 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 judge, setting forth such facts and the determination thereon, with the complaint of the party, and a prayer for trial by a jury to determine the same, and the said judge shall, in his discretion, make order thereon; and
award a venire facias to the marshal of the district, returnable within fifteen days before him, for the trial of the facts mentioned in the said petition, 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 shown, the judge shall give further time, and judgment being entered on the verdict of the jury, shall be final, on said facts, and the judge or commissioners shall proceed agreeably thereto.
Sec. 53. And be it further enacted , That 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 obtained his final discharge, as in their opinion may be requisite for the necessary support of the said bankrupt and his family.
Sec. 54. And be it further enacted , That it shall be lawful for the major part in value of the creditors, 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 conform as often as three hundred dollars shall be received.
Sec. 55. And be it further enacted , That every matter and thing by this act required to be done by the commissioners of any bankrupt, shall be valid to all intents and purposes, if performed by a majority of them.
Sec. 56. And be it further enacted , That in all cases where the assignees shall prosecute any debtor of the bankrupt for any debt, due or demand, the commission, or a 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 bankrupt, at the time mentioned therein.
Sec. 57. And be it further enacted , That 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 his person only; unless the net 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.
Sec. 58. And be it further enacted , That 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 impanelled 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 objection and request shall be entered on the books of the commissioners, and thereupon an issue shall be made up between the parties, and a jury shall be impanelled 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 controul of the court, as in suits originally instituted in the said court, and when rendered, if not set aside by the court, shall be certified to the commissioners, and shall ascertain the amount of any such claim, and such creditor or creditors shall be considered in all respects as having proved their debts under the commission.
Sec. 59. And be it further enacted , That the lands and effects of any person becoming bankrupt may be sold on such credit, 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.
Sec. 60. And be it further enacted , That 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 thereupon, 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 sufficient 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 Provided also , that it shall be no bar to a subsequent imprisonment of such bankrupt by order of the commissioners, in conformity to the provisions of this act.
Sec. 61. And be it further enacted , That 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 hereafter 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 therein mentioned: And if any person within the purview of this act shall be imprisoned for the space of three months, for any debt, or upon any contract, unless the creditors of such prisoner shall proceed to prosecute a commission of bankruptcy against him or her, agreeably 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.
Sec. 62. And be it further enacted , That 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.
Sec. 63. And be it further enacted , That nothing contained in this act shall be taken or construed to invalidate or impair any lien existing, at the date of this act, upon the lands or chattels of any person who may become a bankrupt.
Sec. 64. And be it further enacted , That 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.
THEODORE SEDGWICK, Speaker of the House of Representatives. THOMAS JEFFERSON, Vice-President of the United States, and President of the Senate. APPROVED—April 4, 1800. JOHN ADAMS, President of the United States.
A Consignment. FOUR Casks of Dry White Lead, recommended to be of a superior quality. A few boxes of the first quality Havana brown Sugar. Apply at the GOLDEN BEE-HIVE. May 7.
To be Let, A CONVENIENT and well situated HOUSE, with a SHOP in front, in Weybosset-street, near the Long Wharf. It is one of the best stands in town for business, and may be entered upon the first of June, on terms that will be deemed reasonable. For particu- lars, apply to JOHN NICOLLS. N. B. The House and Shop will be let separately, if most agreeable. May 7.
House for Sale. A Convenient DWELLING- HOUSE for a small family, with a commodious SHOP in front, standing on leased land, next westward of Mr. Daniel Jack- son's foundery, on the west side of the bridge, and is a good stand for business. Terms and Credit, liberal.—Apply to ELISHA DYER;
Who has for Sale, A few pipes of excellent Brandy 6 barrels of Sugar, of the first quality a quarter-casks of Sherry Wine 300 gallons of New-England Rum 100 bushels of Salt, of the first quality Tar, Pitch and Rosin, on good terms. 20 barrels of Beef and Pork May 7.
Just received, At the GOLDEN BEE-HIVE, MIDDLING and coarse Irish Linens, at a low rate. Spanish float Indigo, per dozen or single lb. Essence of Spruce, per box or single pot Liquid Blue, Hopkins' celebrated Razor-Strops and Paste, which render the use of a horse needleless. Also, his portable Shaving Case, for travel- lers, &c. Morocco Skins, of various colours Blue, red, and white Bunting Loaf Sugar, per hogshead, hundred or loaf Fine Lisbon Salt Fine Table Salt per basket, &c. April 23.
BY APPOINTMENT. For Sale, At the POST-OFFICE in this Town, DR. LEE's patent New-London Bil- ious PILLS, celebrated throughout the United States and the West-Indies, in the cure and prevention of intermittent, remittent, bil- ious, inflammatory and yellow fevers—jaun- dice, bilious cholica, indigestion, dropsy, gout, rheumatism, pleurisy, chlorosis, worms, dysen- tery, bilious vomitings, convulsion and epi- leptic fits, asthma, coughs and colds accompa- nied with coliveneas, foul stomach, scurvy, sore throat, hypochondria, and hysterical affec- tions, &c. &c. &c. &c. Certificates of their efficacy may be seen by applying to the vender, who has the exclusive privilege of vending in this town, and will be regularly supplied with the genuine pills from the patentee. April 2. (3m.)
Thomas S. Webb HAS FOR SALE, At his Paper-Hanging Manufactory, in Broad- street, opposite Dr. Dyer's (west side of the river) a large assortment of PAPER-HANGINGS. CONSISTING of upwards of four thousand rolls, suitable for covering rooms, cham- bers, entries and halls; with festoon, patch, chintz and common border, from one to ten inches in breadth, by wholesale and retail. A handsome deduction made to those who pur- chase to sell again. Also, a general assortment of Books and Stationary, Music and Instruments. C. and B. Clarionets, Hautboys, Flutes, Vi- olins, Fifes, Books of instruction for the Clar- ionet, Hautboy, Violin, Flute, Forte Piano, &c. and several hundred different songs in sheet music. March 5. (6m.)
George Washington. ALL patriotic and gal- lant Seamen, who are de- sirous to serve and defend their country, are invited to repair to the rendezvous now opened at Mrs. METCALF's, opposite the Store of JOHN BROWN, Esq. and enlist for one year to serve on board the good frigate GEORGE WASHINGTON. The pay is se- venteen dollars per month for all able bodied Seamen, with good and abundant rations. A few able bodied landmen are also wanted. The ship will be at sea in a few weeks, and from the zeal and alacrity of American Seamen, her brave crew will no doubt in a few days be com- pleted. May 14.
HAPPY CONTRADICTION. OLD FRIENDS WITH NEW FACES, An extraordinary event at the opening of the extra- ordinary year 1800. Being the beginning of the latter end of a century.
At a tavern last night an old fashion- ed health was drank—"May we never see an old friend with a new face."—Q, who sat in a corner, slyly observed, that it was all RUDE; that he could satisfy the company they would be all glad to see their friends with new faces. Some grumbled, others laughed, but all seemed curious to learn the particulars; he began thus: "Have you never used
"HOPKINS' RAZOR STROPS?" Yes, said one—No, said another; the experi- enced applauded the explanation, and those who had been in the habit of mowing their muzzles with handknives, felt the brushes on their chins bristle with eagerness to render their old fashion- ed faces new to their friends—to satisfy their curiosity Q went on thus, HOPKINS' RAZOR STROPS, which dis- appoint the most sanguine by their smooth and agreeable execution, are sold by appointment, at 75 cents, 1 dollar and 83 cents, and 2 dollars each, with the addition of a composition that will keep it in order for ages, at 50 cents. BUT MARK THE IMPROVEMENT. To men who travel where there are no pro- fessional face-creepers—to seamen of every grade —to the whiskered soldier in his huted tent— (how comfortable.)
The new invented and improved Box, containing, in the compass of little more than an ordinary comb-case, A polished Razor—Comb—Brush— Lather Box, and Mirror—with a box for the surprising composition, all in a Morocco case, most conveniently calculated to fit the pocket without incumbrance. The whole of this new portable and useful apparatus sold at No. 65, South Third- Street (opposite the United States Bank) Phila- delphia; and in Providence, by JEREMIAH F. JENKINS, at No. 3, Market-street. At only three Dollars. And by the agents usually appointed to dispose of the invaluable and agreeable STROP. Feb. 19. (r.f.)
MAIL-STAGE. THE subscribers respectfully inform the public, that the only regular line of Stages for New-York and Boston, start from A. AMMIDON's, at the sign of the Golden- Ball, near the State-House, in Providence; where ladies and gentlemen are invited to call and take their seats. The Mail Stage leaves Providence for New-York and Boston, Tues- days, Thursdays and Saturdays; for New-York at 6 o'clock, A. M. and for Boston, at 6 o'clock, A. M. Particular care will be taken that the Mail- Stage is not crowded; not more than eight per- sons are allowed to go in the Mail-Stage to Boston. SOLOMON HATCH and Co. January 22. (tf.)
Cooley's genuine Pills, Prepared by Samuel Cooley, of Bol- ton, State of Connecticut, And secured to him by letters patent, signed by the PRESIDENT of the UNITED STATES, and dated at Philadelphia, the 26th day of June, A. D. 1798, agreeable to an act of Congress.
THEY are justly esteemed for their easy operation and good effects; they are a most certain remedy for the Jaundice, Rheu- matism, Erysipelas, Gravel, Piles, Scurvy, Diz- ziness of the Head, Pain in the Stomach and Bowels; they are an antidote against infectious diseases; and are, taking two or three early in the morning, a great preservative against con- tagious air, remove obstructions of any kind, by dissolving and discharging the morbid matter, help digestion, restore a lost appetite, a sure re- lief for costive habits; decayed constitutions are removed by a thorough use of the above Pills. They are found by experience to be the most safe and easy phyic of any composition yet known: Persons under weak circumstances may take them with safety and not find them- selves made weaker, as is common to other phy- sic. They are to be taken twice a day, two in the morning and one at night, more or less, so as to cause one or two movements of the bo- dy more than usual; let the patient fast one hour, then eat, drink and exercise as he pleases. N. B. There is no Mercury in the above Pills. Sold by JOHN POTT, Providence.