HOUSE.....No. 158.

SUPPLEMENT TO HOUSE No. 158. [The amendments adopted in the Senate are printed in italics.]

Commonwealth of Massachusetts.

In the Year One Thousand Eight Hundred and FortyEight.

AN ACT

To repeal "An Act for the relief of Insolvent Debtors, and the more equal distribution of their effects," and several acts in addition thereto.

BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

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SECT. 1. The governor, with the advice and consent 2 of the council, shall appoint and commission some suita3 ble person, in each county, to be a commissioner of in4 solvency, in the county for which he is appointed, who

5 shall hold his office for the term of seven years, unless 6 sooner removed by the governor and council.

1 SECT. 2. Said commissioners, before entering upon 2 the duties of their office, shall take and subscribe the 3 oaths or affirmations required to be taken by persons ap4 pointed to civil office by the governor, with the advice 5 and consent of the council, under the constitution and 6 laws of the Commonwealth.

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SECT. 3. Said commissioners shall have and exercise 2 all the jurisdiction, power, and authority, that judges 3 of probate and masters in chancery now have and exer4 cise, under and by virtue of the several acts to which 5 this act is in addition; and all the provisions, in said 6 several acts contained, shall apply, in like manner, to 7 said commissioners, respectively, as they apply to judges 8 of probate and masters in chancery, except so far as 9 said provisions, or any of them, may be by this act 10 modified or repealed.

1 SECT. 4. Said commissioners shall hold a court of 2 insolvency, in their respective counties at the shire towns 3 thereof, on the first Tuesday of every month, and at such 4 other times and places, within their respective counties, as 5 they may severally appoint, at which said courts the like 6 proceedings may be had, as provided by the several acts, 7 to which this act is in addition, in relation to meetings 8 appointed by judges of probate and masters in chancery.

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SECT. 5. The said commissioners shall severally, on 2 or before the first Wednesday of January, of each year, 3 render to the treasurer of the Commonwealth, a true and

4 just account of all fees received by them respectively; and 5 if the fees, so received by any commissioner, except the 6 travelling fees, as hereinafter provided, shall exceed the 7 sum of fifteen hundred dollars, the excess shall be ac8 counted for and paid, by said commissioners, into the 9 treasury of the Commonwealth.

1 SECT. 6. All warrants shall be returnable, at any 2 time, not less than ten nor more than sixty days from the 3 issuing of the same.

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SECT. 7. Each commissioner shall receive, for travel 2 in the performance of his official duty under this act, 3 the same fees that are now prescribed by law for justices 4 of the peace, in the discharge of their official duties.

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SECT. 8. The schedule of creditors, heretofore re2 quired by law to be produced by an insolvent debtor, 3 at the first meeting of his creditors, shall be presented 4 by him to the messenger, within three days after the 5 date of the warrant, and the messenger shall return 6 the same at the first meeting; and the messenger, in 7 addition to the publications now required by law, 8 shall send written notice, to the creditors named on 9 the said schedule, of the time and place of the first 10 meeting of the creditors of such insolvent debtor; and 11 whenever it shall appear, to the commissioner, that 12 such notice has not been given, he shall forthwith 13 adjourn the meeting, to the end that the foregoing 14 requisition may be complied with.

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SECT. 9. No insolvent debtor, whose assets do not 2 pay fifty per cent. of the claims proved against his

3 estate, shall receive a discharge under this act, or 4 the acts to which this is in addition, unless a majori5 ty, in number and value, of his creditors, who have 6 proved their claims, shall assent thereto, in writing, 7 within six months after the date of the assignment; 8 and in no case shall a certificate of discharge be 9 granted until the third meeting of the creditors of 10 such debtor, nor at any time, except at a meeting of 11 the creditors; and such discharge shall be null and 12 void if the debtor, or any person in his behalf, shall 13 have procured the assent of any creditor thereto, by 14 any pecuniary consideration.

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SECT. 10. No discharge of an insolvent debtor, 2 under this act, and the acts to which this is in addi3 tion, shall bar any claim for necessaries furnished to 4 such debtor, or to his family, unless such claim shall 5 have been proved against his estate.

1 SECT. 11. The assignee, or assignees, of any in2 solvent debtor, may appeal from the decision of the 3 commissioner, granting a certificate of discharge to 4 such insolvent debtor; and the like proceedings shall 5 be had, as in the case of an appeal by the insolvent 6 debtor whose discharge has been refused.

1 SECT. 12. Whenever it shall appear to any com2 missioner, upon the complaint of any person interest3 ed in any insolvent estate, pending before the said 4 judge of probate, or master in chancery, that the as5 signee of such estate has fraudulently received, con6 cealed, embezzled, or conveyed away, any of the 7 money, goods, effects, or other estate, of the insol8 vent debtor, or has been interested in any suit at law

9 in relation to the said estate, for the purpose of se10 curing to himself a preference or priority over the 11 other creditors, or has in his possession or control 12 any portion of the said estate, with the intent to ap13 propriate the same unlawfully to his own use, or has 14 been guilty of any fraudulent act in relation to the 15 said estate, it shall be lawful for the said commissioner, 16 after due notice, to remove the said assignee, and ap17 point another in his place, who shall have the same 18 powers that are now conferred upon the assignees of 19 insolvent estates by the law of this Commonwealth, 20 and all the estate of the insolvent debtor shall vest in 21 the new assignee so appointed; and, in all cases, the 22 commissioner may require the assignee of any insol23 vent case pending before him, to give good and suf24 ficient bonds for the faithful performance and dis25 charge of his duty.

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SECT. 13. Whenever any creditor of an insolvent 2 estate, who has proved his debt, shall present his 3 petition to the commissioner, before whom such estate 4 is pending, requesting a stay of the proceedings, it 5 shall be lawful for the said commissioner, after due 6 notice to all persons interested in the estate, and a 7 hearing of the matter, to pass an order, vacating 8 all the proceedings in the case provided, that no 9 objection is made by such insolvent debtor, or by 10 any creditor who shall have proved his debt.

1 SECT. 14. No debt shall be proved or allowed 2 against any insolvent estate, unless the creditor shall 3 make oath to the validity of the claim, which oath 4 shall be in substance as follows, namely:--“ I,