The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-01-27

sums above ten thousand dollars and not exceed
s ing thirty thousand dollars: six per centuIn upon
sums above thirty thousand dollars and not ex-
ceeding sixty thousand dollars and four per cen
4 tum up0n'al sums exceeding sixty thousand DOL
lars: PROVIDED, That said commission be allow
ed only upon such net sums of money as shall ac.-
tually come to their hands. or be distributed by
j them. The mass of creditors shall in no manner
be liable for fees of counsel of the nsolVent debtor
/ in conducting the surrender of the property.
/ SEC. 20. That in case, after the appointment f
said assgnees. any ofthecreditors of the fnsofs
vent debtor should deem necessary to oppose it,
4 on the ground of some fraud having been COM
mitled by the said inSO!Yent debtor, or if the ap-
peintment not having been legally made, he shall.
within ten days next following the app ointment
of said assignees, lay before the Court which has
already taken cOgnizance of the case, his written
opposition, stating specially the several facts of
nudity of the said appointment, or of fraud by
him aledged against the insolven debtor; where
upon in case of accusation of fraud after having
received the-said ins0lVent debtors answer, til
Court shall order jury to be summoned, of not
| less than six men, to be summoned in, the same
manner as jnries are summoned in the District
Court, for the purpose of deciding on the said ac
cusation.
SEC. 81. On the day, or at the term appointed
in such order, or any subsequent day or term, the
Court shall proceed to bear the proofs and aega-
tons of the parties; and before any other proceed
ings be had shall require proof of the publication
of the notice as herein provided .1sEF4144
| SEC. %. Upon such accusation of fraud, the
i creditor who shall have brought the same
shall havezthoright to interrogate the insolvent
debtor on oath, and put to him such written ques
tions as to the state Of his affairs and the several
transactions in which he may have been engaged
anterior to his failure. as he shall think proper
and the insolvent shall answer in writing to the
said interrogatorieS, in pertinent and distinct
manner, and every eqdivecal answer on his part
shall be construed against him.
! SEC. %. If the Jury summoned for the purpose
of deciding on the accusation of fraud brought
against such inselvent debtor, declare, in their
fraud tie said debtor shall forever be deprived Of
the benefit of the laws passed for the relief Of in
solvent debtors in this Territory. q
| Sec. "a. If the accusation Of fraud brought
against the debtor is declared to be illfounded
or if there be no opposition to the surrender of his
property, and provided said surrender has been
made according to the provisions of this Act, said
debtor shall be released and fully discharged from
any and all debts ahtil then contracted, and con-
tracted after the passage of this Act and from
ANY judicial proceeding relative to the same:
i P1Ouaded always, That said nSOlvent debtor shall
be released and discharged only from such debts
and liabilities as he shall have set forth and
named in his schedule. }aB Ga H4l
Sec IS. Any insolvent debtor who shall be found
guilty of fraud as aforesaid, shall forever be
deemed incapable of holding any Office. of trust or
profit under the government of this Territory;
! shall moreover be liable to be prosecuted and PM
| ished as periurer,if he should be convicted of
having foresWOrn himself in any of the decara-
tions he may have made, agreeable to the provi
sions of this Act; and if convicted of fraud he
shall be sentenced by the Court to suffer imprson-
ment. at hard labor, in the Territorial prison for
term not less than six months nor more than two
i years.
Sec. 26. If the Judge before whom the aecusa-
i tiOnof fraud is broush or an opposition to the
appointment of assgnees is made thinks that the
interests of the of creditors OF the insolYent
may suffer by delay of the approval OF the APP
pointment of the assignees, it shall be Iawfa for
said Judge, alloppositon outstanding, to APP.
prove previously the said appointment, it he finds
that it has been made agreeable to law.
i Sec. u. That all persons shall be considered as
| fraudulent bankrupts who shall be convicted Of
having concealed their property with the inten-
ton to keep it from their creditors as also those
who shall be convicted of having concealed or al
tered their books or papers with the same inten-
ton.
SEC. Is. That every insolvent debtor shall also
be considered as a fraudulent bankrupt who shall
be convicted of having passed sham deeds for the
purpose of conveying the whole, or any part of
his property, and deprying his creditors thereof
or of having knowingly omitted to declare any OF
his property, rights or claims. in his schedule (;
or of having purloined his books, or any of them;
or of having altered, changed or made them anew,
to an intent to defraud his creditors or Of having
alier ated mortgaged or pledged any of his pro-
perry; or of having committed any other kind Of
Il fraud to the prejudice of his creditors.
i SEQ. 49, If any debtor shall lie convicted of hav
ling, at any time within three months next proceed
| ing his failure, sold engaged or m0rtgaged any of
his goods and effects, or of having otherwise as
signed transferred or disposed of the same, or any
| part thereof or confessed judgment in order to
give a preference to one or more of his creditors
over the others, whereby to receive any advantage
in anticipation of his failure, to the prejudice OF
his creditors, he shall be debarred the benefit of
this Act
| SEC. 80. All insovent debtors owing, or &C.
countable in any manner for public funds or prop
erty of whatever nature or kind; all unfathful de
poSitories; all such as refuse or neglect to pay up
all funds received by them as bankers, brokers
commission merchants; or for money, goods or
effects received by them in a fdueiary capacity
shall be denied the benefits of this Act.
SEC. 81 If, after the presentation of his petition
the insolvent shall sell, or in any manner transfer
assign any of his propeEty; or collect any debts
due him. and shall not give just and correct &C
count OF the property SO sold ortransfelrcd, and
the moneys so collected and pay the same over
to the assignees, within ten days after their [ap.
pontmentl said debtor shall not receive the bene-
/ fit of this Act. g
| SEC. 49, Wherever any insolvent debtor has had
the benefit Of this Act if thereafter, at any time,
| it is made to appear that he has concealed any
part of his property or estate, or given a false
schedule, or committed any fraud under the pro-
visions of this Act, it is hereby declared that he
has forfeited all benefit and advantage which he
would other wise have had by virtue of this Act,
and he cannot avail himself of any Of its pruvis-
ions in bar to any claim that may be instituted
SNCf l. i'm