The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-30

writings or securities or has made or been
pflvy 10 the making of any false Or fraudulent
entry in any book of account or other docu-
ment with intent TO detraud his creditors, or
| to give preference contrary to the provisions
OF this chapter, or has removed or allowed to
| be removed any property with a like intent, or
has made any fraudulent payment, gift trans
fer, convey ance on assignment of any part of
his property, or has desgnedly in contempla-
ton of insolvency contracted any debt out of
the usual course OF business by purchasing
upon credit amy goods. wares or merchandise,
or If he has Obtained the same on credit by any
| intentional false statement as to his property
earnings or abi'it, to pay, or if he has wasted
| his means by gambling, or ii, having knowl-
! edge that any person has proved a false debt
| against his estate, he has not disclosed the
same to the assignee within thirty days after
| such knowledge, Or if, beng a merchant or
trader whose usual and customary business is
| the purchasing and selling of goods, wares
| and merchandise he has MOI kept proper books
of account And the discharge is null and void
If the debtor or any person in his behalf has
procured the assent OF any creditor thereto, by
| any pecuniaIy consideration or promise Of
future preference
SECT. Is. Section forty seven of said chapter,
| is hereby amended by adding thereto the fol-
| lowing words: 'and no claim for necessaries
| furnished the debtor or to his family, within
| thirty days of the commencement of proceed
| ings, is discharged by such proceedings, unless
such claim shall have been proved against his
estate so that said section forty seven shall
read as follows:
| section Al. No debt created BY the fraud or
embezzlement of the insolvent, or by his de-
falcatlon ms public officer, or while acting in
| any hduciary character, is discharged by pro-
ceedings in insolvency, but such debt may be
| proved and the dividend thereon shall be a
| payment on account of such debt. And no
claim for necessaries furnished the debtor or
his family, within thirty days Of the COM
mencement ofproceedings, unless such claim
is discharged by such proceedings unless such
claim shall have been proved against his estate
SECT. IA. Section fifty-two of said chapter,
as amended by chapter one hundred and
| thirty-two of the laws of eighteen hundred and
| eightyseven, is hereby further amended SO
as to read as follows:
or in contemplation of insolvency, within four
months before the filing of the petition by or
against him, with view to give preference
to any creditor or person having claim
| against him, or who is under any liability for
| him, procures or suffers any part of his prop
erty to be attached, sequestered or seized on
| execution, or makes any payment, pledge, as
| Segment, transfer or conveyance, of any part
| of his property, either directly or indirectly,
absolutely or conditionally, the person receiv-
| ing such payments, pledge, assignment, trans
| fer or. conveyance, or to be benefited thereby
| or by such attachment, having reasonable
cause to believe that such person is insolvent
| or i'll contemplation of insolvency, and that
such payment, pledge, assignment or convey
ance is made in fraud OF the laws relating to
| insolvency, the same shall be void, and the
assignee may recover the property or the
value Of it from the person SO receiving it or
SO to be benefited, and if such sale, assignment
transfer or conveyance is not made in the usual
prima facie evidence that such sale, assign
ment, transfer or conveyance was intended as
such preference, in violation of this chapter;
but nothing in this chapter shall inyalidate
any loan of actual value or the security there
for made in good faith, upon security taken
in good faith on the occasion of making such
acting in contemplation Of Insolvency, within
SIX months before the filing of the petition, by
OF against him, makes any payment, sale, as
Segment, transfer, conveyance, or other dis
4 n npr9On then
has reasonable cause to believe him fnsolvent
or acting in contemplation of insolvency. and
that such payment sale, assignment, transfer,
| or other conveyance, is made with view to
prevent his property from coming to his as
signee, or to prevent the same from being
distributed under this chapter, or to defeat the
or delay tie operation and effect of any of the
provisions Of this chapter, and such person
| received the same in order to assist the debtor
| in such purpose, the sale, assignment, transfer
or conveyance, shall be void, and the assignee
may recover the property OF the value thereof
as assets of the insolvent. And the foregoing
securities given to obtain money to make the
deposit in the insovent court, or to pay the at
torney for future services therein. Any con-
| tract, covenant or security, made or given by
| an insolvent, or any other person with, in
| trust for, any creditor, for securing the pay
ment of any money as consideration for, or
with intent to induce creditor to forbear OPP
posing the application for discharge of the in
solvent, shall be void, and if any creditor shall
CUoeiH any SuIH VI ulOuty OE Juliet SOOuSy CuuC-
| tells, or security from any person, as an induce
ment for forbearing to oppose or consenting
| to such application For discharge, every cred
ttor SO offending shall forfeit all right to any
share or dividend in the estate of the insoi-
vent, and shall also forfeit double the value or
| amount of such money, goods, chattels, or Sc
curtty SO obtained, to be recovered by the as
| signee for the benefit of the estate.
SECT. To-. Section sixty -four of said chapter,
as amended by chapter forty-siX of the public
laws of eighteen hundred and ninety-one and
chapter two hundred and forty of the public
laws of eighteen hundred and ninety three, is
hereby further amended, so as to read as fol-
| lows:
Section GA. Any person whose debts do not
amount to three hundred dollars, may at any
| time assign, convey and deliver to the register
of the court of insolvency in and for the county
within which he resides, all his real and per.
| sonal estate, rights and credits, not exempt
from attachment and seizure on execution, to-
gether with a schedule of the same, signed by
such debtor, and list OF all his creditors, with
their places Of residence SO far as known by
him, and at the same time may apply by petit
ton to the judge Of said court setting forth his
inability to pay all his debts in full, and that
he has assigned, conveyed and delivered to the
register of said court, all his real and personal
estate, rights and credits, not exempt from at
tachment and seizure on execution, together
with schedule of the same, signed by him,
and list of all his creditors, with their places
of residence SO tar as known by him, and that
he wishes to be examined as provided by this
section, and to have the oath provided by this
section administered to him. Thereupon the
Judge snail appoint q time ana place Tor the
| examination of the debtor, which examine
ton may be before the judge, or such
person as he appoints to take the same, and
the register shall give such notice to the credi-
tors OF the debtor, of the time and place of such
examination as the judge orders, and any cred
1tor may appear at such examination and be
heard and may examine the debtor, under oath,
concerning his business, property and effects,
and the disposal thereof. Such ex-
animation shall be confined within such
limits as the judge directs and in no
case shall it extend to any matters arising prior to
the time of the contracting of the debts owed by
such debtor, at the time of his examination. The
examination herein provided for shall be in writ
ing, signed by the debtor and filed in the office Of
the register. If upon such hearing, it appears to
the judge that the debtor has assigned, conveyed,
and delivered to the register all his said real and
personal estate, rights and credits, not exempt
from attachment and seizure on execution, togeth-
! er with a schedule of the same, signed by him,
and that he has disclosed the names and places of
residence of all creditors SO far as known to him,
he shall administer to the debtor the following
oath: 4, swear that the account of my
creditors contained in the schedule made and
signed by me is true, according to my best knowl-
| edge and belief; and further swear, that have
deis cred to the register OF the court
OF insolvency, all my estate, rights and credits,
except such as are exempt from attachment and
seizure on execution; and further swear that no