The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1866-01-27
AN ACT
BE it Enacted By the Legislative assembly Of q
: I9rHSte1n of Idaho as foLLotrs
For the Relief of InSolUpat Debtors, and the Pro
lection Of Creditors.

49,
Be it Enacted By the Legislative assembly Of TIL
: IeTSeryo Of Idaho, as follotcs
SECTION 1. Every insolvent debtor may be dis
charged from his debts, as hereinafter provided
npoH executing an assignment of all his property
real and personal, or mixed for the benefit of al
his creditors, and upon compliance with the sew
eraf provisions of this Act Proc1ded, Said as
signment shall be made bona fde and without
fraud. The District Court only shall have juris-
diction in the subject matter herein contained
SEQ. 2. Such insolyent debtor shall petition the
Judge having jurisdiction within the place of his
damicil, or usual residence. which petition shall
briefly state the circumstances which compel him
TO surrender his property to his creditors, and
shall conclude with prayer to make cession OF
his estate. and be discharged from his debts, in
pursuance with the provisions of this Act.
SEc..3 The debtor shall annexzto said petition
his schedule, that is to say, a summary statement
of his affairs, with list of losses he may have
sustained. giving the name of his creditors If
known, the amount due to each creditor, and the
cause and nature of such Indebtedness, and when
1t accrued, and a statement of any existing judy
meHt, mortgage, collateral or other securities for
the payment of any such debt. Said schedule
shall also contain full complete, and perfect
inventory of all his property, real, personal and
mixed of all causes in actio y, debts due or to be-
come due, and q II moneys on hand of such inso-
vent Said schedule shall also contain full state
nent of ali membranes existing upon the pro.
perry OF the insolvent The said debtor shall as
nearly as possible, estimate the property by him
surrendered, and set forth in the schedule at is
true cash value.
SEQ. 4. The said schedule shall be signed by the
debtor, and be by him sworn to before the Judge
having jurisdiction OF the failure. in the following
words, to wit: &. A. B., do in the presence OF
Almighty God. truly and solemnly swear that the
schedule now. delivered by me doth contain full,
perfect and true discovery Of all the estate, real
personal and mixed: goods and effects to me in
any way belonging all such debts as are to me
ewing, or to any person or persons ia trust for
me, and all securities and contracts whereby any
money may hereafter become payable. or any ben
eft or advantage accrue to me- or to my use, to
any person or persons in trust for me that have
40 lands, money, stock or estate, reyersion or eX
pectancy, beside that set forth in my schedule
that have ia no instance created or &C knowledged
a debt for a greater sum than honestly and truly
owed that have not directly nor indirectly sold
or otherwise disposed of in trust or concealed, any
part of my property effects. or contracts +; that
have not in any way compounded with my credi>
itors, whereby to secure the same, or to receive
or to expect any profit or advantage therefrom, OF
to defraud or deceive any creditor to whom an
indebted in any manner whatsoever So help me
Cod"
SEC. s. The Judge receiving such petition, sche
due and affidavit, shall make an order requiring
all the creditors of such insolvent, except mort
gagees and attaching creditors, to show cause, i
they can, why an assignment of the insolvent es
tate should not be made, and he be discharged
from his debts said schedule being signed anC
sworn to BY the petitioner the Judge shall certify
the same and cause it to be filed in the office o
the Clerk OF the Court in the County where tht
assignment was made, there to remain Tor the IN
formation of the creditors.
Sncs6 The insovent debtor, on his slrrendel