Alabama state intelligencer., 1831-05-04
[BY AUTHORITY.l
Iatns of the G1mfte0 States, PASSED AT THE SECOND SESSION OF THE TWENTY
 FIRST CONGRESS.
[PuBLIc-No. AS. l


 Be H enacted by Me Senate and House Of
 RehreSentatiUeS ofthe United States of .dme- 'fca in Congress assembled, That any per son who was an insolvent debtor on or before the trst day of January last, and who is in debted to the United States for any sum of money then due which he is unable to pay, unless such person be indebted as the prlnci- pal Tn an oficialbond, or for public money re- ceiyed by him, and not paid over or account ed tor according to law, or for any fine, forfei- ture or penalty, incurred by the violation of any law of the United States, may make ap- plication in wiring, under oath or affirmation to the Secretary of the Treasury, for the pur- pose ot obtaining release or discharge of the said debt; which application shall state, as near as may be- the time when the applicant became insolv'nt, how soon thereafter he made known lis insolvency to his creditors, the cause or catses, and the amount of such insolvency and also, all the estate, real and personal, which the said applicant owned at the time of his insolvency, and the manner in which such estate has been disposed of; and what estate, if any, he has since owned, and still owns. 1 Sec. 9 And De t further enacted, That the Secretary of the Treasury is hereby di- rected tt transmit to the District Attorney of the United States for the District or Territo- ry within which the said applicant shall re- side, a certificate copy of the said application, with such instructions as he may think pro. per; and it shall be the duty of the said Dis trict Attorney to lay the said copy of such ap- plication before the Comm. sioner or Com mlssloners of Insolvency, to be appointed by virtue of this act, and to appear and act be- fore them as counsel in behalf of the United States.
 Sec. 3. .4pd De it further enacted, That the Secretary of the Treasury is hereby au- thorized and directed to appoint any number of Commissioners of Insolvency he may think proper, not exceeding three in each judicial district or Territory ofthe United States, who, before they enter upon the duties of their ap- pointment, shall severally take an oath or af- firmation before one of the Justices of the Supreme Court, or before any Judge ofa Dis tnct Court of the United States, that they will faithfully execute the tiust committed to them: and it shall be the duty of the said Commissioner or Commissioners to proceed publicly to examine the books, papers, and vouchers of each of the said applicants; and they, or either of them, shall also be author lzed to examine each of the said applicants; or any other person or persons, upon oath l or affirmation, touching the said appica- | ton: and it shall be the duty of the said Con- missioner or Commissioners to make report, in writing, to the said Secretary, of the result of their examination in each case, therein particularly stating, as near as may be, the time when the applicant became insolvent, how soon thereafter he made known his n- solvencv to his creditors, the cause or causes, and the amoum of such insolvency; and also, all the estate, real anI personal, which the said applicant ,wnetl at the time of his insol- ar11 f arln ,p u11, 1,,,l, has been disposed of; and what estate, if any, he has since owned, and still owns.
 Sec. A. And 6e it fu,1her enacted, That the Secretaryof the Treasury, after he shall have receivedthe report of the said Commis- sioner or Commissioners, shall proceed to ex- anime the circumstances of each case; and, if it shall have been proved to his satisfaction that the said debtor is unable to pay the said debt or debts which he owes to the United States; that le hath done no act fraudulently to deprive ae> United States of their legal priority; tha, he has not been guilty of any fraud, nor made any conveyance of his es- tate, real or personal, in trust for himself, or with an intent to defraud the United States, or whereby to expect any benefit or advan- tage to himself or family; then and in that case, the said Secretary may compromise with the said debtor, upon such terms and conditions as he may think reasonable and proper under all the circumstances of the case, and may execute relee SC to him or her for the amount of the said debt or debts which he or she may owe to the United States; which said release shall contain recital that the l foregoing particulars have been satisfactorily | proved to the said Secretary: ProUided ho7v- | eUer, That the said release shall be rendered null and void, if it shall at any time be ascer- tained that the said insolvent debtor hath ob- tained the same upon false suggestions.
 Sec. 5. And De n .further cnacted, That if the said insolvent debtor, or any other per son, shall falsely take an oath or affirmation under this act, he or she shall be deemed guilty of perjury, and shall suffer the pains and penalties in that case provided.
 Sec G.. And 6e H further enacted, That each of the said Co::.missioners of Insolvency shall receive five dollars per day for each day they shall be actually employed in the per formance of their duty under this act; which sum together with the actual expense incur red for office rent and all other contingencies, provided the same shall not, in the whole, ex- ceed two dollars per day, shall be apportion- ed among the several applicants by the said Commissioner or Commissioners, under the direction of the Secretary of the Treasury, according to the time occupied in the investi-. gation of each case; and each of the said ap- plicants, immediately after the investigation of his or her Case shall be completed, by the Commissioner or Commissioners, and before the report shall be transmitted to the said Se- cretary, shall pay his or her respective pro portions of the same: and it shall be the du- ty of the said Comm ssioner or Commission CTS, to transmit with his or their report, in each case, a statement, under oath or afr mation, to the said Secretary, of the time &C., tually occupied in the investigation thereof, and the amount which they shall have re-