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and there file his petition, and submit to a further examination, pay the costs of bis said application and petition, and in all re
spects comply with the requisitions of this act.
com Sec. 15. Tbat when any person, being in custody of any of Oath to be taken by person apply ficer, shall make application 20 the commissioner, as is provided ing under provi in the eighth section of this act, he shall, at the time of maksions of eighth
ing such application, make and subscribe an oath or affirmation, before the commissioner, in the following form, viz:
"], A. B., do swear (or affirm) that I was not arrested, nor am I now in custody of an officer, at the suit of — - , by any collusion or combination with the said
- or with any other person: that I have delivered up and assigned to the commissioner of insolvents of the county of all the property that I have, or claim any title to, or interest in: that the schedules and inventory of any property, rights and credits by me made, contain, as far as I know or believe, a full description of all my property, rights, credits and claims, in possession, remainder, or reversion, (the necessary wearing apparel, and beds and bedding of myself and family, and such other articles as are by law exempted from execution, excepled); and also, all my bonds, notes, contracts in writing, and other contracts in wbich I am beneficially interested; and that I have delivered the same to the commissioner: and also, my books of account, and all written evidences of my right or title to any property wbatsoever: and that I have not, directly or indirectly, at any time, sold, conveyed, or disposed of, for the use of any person, any money or property, debt, right or claim, or intrusted the same to, or with, any person, therebyto defraud my creditors, or any of them, or to secure the same so that I, or my heirs, or any other person, shall receive or expect any profit or advantage therefrom."
Sec. 16. That when any person sball apply to the commission
Her as aforesaid, he shall, at the time of making oath as afore. tions put by com said, answer such questions as shall be put to him by the com
or cre missioner, or any creditor, his agent or attorney, relative to his
circumstances and the situation of his property, and the causes Questions and which occasioned his insolvency; all which questions, together
with the answers of the applicant, shall be reduced to writing, and subscribed by him: and such answers shall be considered as made under the oath administered as aforesaid.
Sec. 17. That the commissioner mây give such certificates Person baving no property may as is hereinafter provided for, to any person who, being in cusreceive certifi tody of an officer, shall have made application to him in the us manner provided in the eighth section of this act, without re
goiring any bond of such applicant, is the commissioner shall be satisfied that the applicant has no property of any kind, where
said applicant shall bave complied with the foregoing provisions Or commissioner of this act; or the commissioner, at his discretion, may reggire may require the applicant to give bond, with surety, in the manner provided
dis in the thirteenth section, in any sum not exceeding onc bun.
dred dollars, conditioned as is provided in said section.
Applicant shall also answer ques
answers to be written and sub scribed
cate without giv ing bond
bond at his dis crétion
Person who has
bond, and has
tion, shall give
Sec. 18. That wben any person shall have applied for relief person under this act, or under the act for the relief of insolvent deb- obtained one cer tors, passed February twenty tbird, eighteen hundred and tificate without twenty-four, and shall bave obtained the certificate of the com- failed to prose missioner, without giving bond and security, and sball have failed cute his applica to prosecute such applitation, so as to obtain a certificate from bond before he the court, and shall, at any time after such application, again obtain certificate
second time apply for relief under this act; every person so applying, sballo give bond with surety, to be approved by the commissioner, in the manner provided in the thirteentb section of this act, before be shall a second time obtain the certificate of the commissioner.
Sec. 19. That if any applicant for relief under this aot, shall fail to appear in court, and comply with the condition of his Rond how for bond, the same shall be forfeited, and suit may be brought there." on in tbe name of the commissioner, for the use of the credito sum ors of the applicant; and the sum collected therefrom, shall be thereon to be dis distributed amongst the creditors, as the proceeds of the effects
tributed amongst of the applicant are distributed by this act.
Sec. 20. That when any person shall apply to the commissioner, and shall have complied with the foregoing provisions. What commix
sioner shall speci of this act, the commissioner shall give to the applicant a certify in his cerita ficate of his having so complied: and it shall be specified in the cate certificate, whether such application was made pursuant to the seventh or eighth sections of this act; and also, whether such applicant has given bond, and the amount thereof.
Sec. 21. That the certificate of the commissioner shall pro. tect the person of the applicant from arrest or imprisonment, Effect of the conj for any debt or demand in any civil action, at the suit of any person named in bis schedule, until the second day of that term of the court of common pleas to which the commissioner shall return copies as hereinafter provided; and if such applicant ... shall appear in said court, and file his petition as required by this act, said certificate shall protect such applicant from arrest as aforesaid, until said petition shall be finally disposed of by the court: Provided, That the court may, for sufficient cause shown, Provisu require such applicant, when bis petition is continued, to en. ter into a recognizance to the State of Ohio, for the benefit of bis creditors, with surety, to be approved by the court, condi. tioned that said petitioner shall appear and prosecute his said petition, and abide the order of the court thereon.
Sec. 22. That when such applicant shall produce said certis ficate to any officer in whose custody he may be, or who shall dis
shall discharged from have civil process against him, the officer shall forthwith dis custody on pro charge such person out of his custody: and the officer shall return, with tbe process by virtue of which he had such person in custody, a copy of said certificate; and be shall also return on said process, that, in obedience to such certificate, he had discharged the person named therein; and said certificate shall be returned to the person named therein, by the officer.
missioner's cert? ficate
he may be a
beji Applicant to be
ducing certificare to the officer
Sec. 23. That the commissioner shall keep a book, in which Commissioner to he shall enter each application made to bim under this act, and
Popia briefly note all the proceedings had before him, in each case, proceedings in a severally; which record shall be open at all reasonable times
to the inspection of any person interested.
Sec. 24. That all the proceedings of the commissioner shall Commissioners be subject to the supervision of the court by which he was ap
e pointed; and for good cause shown, the court may require the
commissioner to make an exhibit and statement of any, or all his official proceedings, and to do any other act pertaining to his office that justice may require
Sec. 25. That the commissioner, after application made to What notice of him as aforesaid, shall give 6fteen days' notice thereof, by'adcommissioners vertisement in some newspaper of general circulation in the shall give county, or by advertisement set up in three public places in the
county, one of which shall be on the door of the court-bouse; in which advertisement shall be specified the time when the copies bereinafter provided for, will be returned to the court.
Sec. 26. That when fifteen days shall intervene between the
ays day of making application to the commissioner, and obtaining intervene, com missioner shall his certificate as aforesaid, and the first day of the next term of return bond, the court of common pleas, of the proper county, it shall be the copies of sched ul's, his proceed duty of the commissioner to return to said court, on or before the ings, fc. to the first day of the term, the original bond given to bim by each ap
plicant, (if any was given); and also, copies of the several schedules and inventories made by such applicant, (if any are made); and also, acopy of the oath made by him, and the examination of the applicant before the commissioner, on questions as before provided; and also, a copy of the record of the proceedings of
the commissioner in the case: which bond, and said several
the copies, shall be filed by the clerk, and shall remain on file in his at the applica office, for the benefit of any person interested; and the clerk
shall, upon the filing of said bond and copies, enter upon his docket, the name of the applicant as a petitioner for relief under this act.
Sec. 27. That when fifteen days shall not intervene between Vben 15 days the day of making application as aforesaid, and the first day of do not mtervene, papers to be re' the next term of the court, it shall be the duty of the commisturned at second sioner to return the bond and copies specified in the foregoing
section, to said court, on or before the first day of the second term thereafter.
Sec. 28. That on or before the second day of the term of Applicant to file the court at which copies shall be filed as aforesaid, said appli
in cant shall file his petition in the office of the clerk of said court,
setting forth his said application to the commissioner, and pray-
further examination of the petitioner, grant to him a certificate, of his having complied with, and obtained the relief provided by this act, or said petitioner may be further examined by the court: Provided, That it shall first be made to appear to the court, that the notice required by this act has been given; and also, that the proceedings before the commissioner have been substantially conformable to this act: Provided, also, That the court may, for sufficient cause shown, permit said applicant to file his petition as aforesaid, on any day after the second day of the term, as above provided.
Sec. 29. That if any creditor of the petitioner, or other person interested, shall appear in person, or by attorney, to resist If petition be said petition, and shall require a further examination of the peti-ther examinationer, the said petition shall, if required by either party, be tion required,
petition may be continued until the next term of the court; and such further ex-cottinued amination shall be before the commissioner, or before some that purpose other person, to be appointed by the court, to take the same.
Sec. 30. That before the petitioner shall be required to sub Petitioner to mit to a further examination, at least three days' notice in wri. have three days' ting shall be given to him, by the creditor, or his attorney, re-ther examinaquiring the examination, specifying the time and place of such tion examination.
Sec. 31. That the further examination of the petitioner Further exami. shall be in writing; and his answers to such questions as shall nation to be in
writing be put to him, shall be reduced to writing by himself or his attorney, or by the commissioner, or other person appointed by the court as aforesaid.
Sec. 32. That is the petitioner, while under examination as periti aforesaid, shall require further time to answer any questions put ring further time to him in writing, it shall be the duty of the person before to whom such examination is bad, to adjourn the same for any time be had not exceeding four days; and such petitioner shall not be requiFed by his creditors, or any of them, to appear and submit to an examination as aforesaid, more than twice, unless by adjournmentas aforesaid.
Sec. 33. That when such examination shall be closed, the petitioner to petitioner shall sign the same, and make oath or affirmation to sign the exam!
nation, and the truth thereof, hefore the commissioner, or before some other mak person authorized by law to administer oaths; and the said ex- to amination shall be returned to the clerk of the court, and by him filed in his office.
Sec. 34. That upon the final hearing of the petition, the several examinations of the petitioner may be read as evidence. Proceedings on
the final hearing by any creditor named in his schedule as a creditor: and the of petition in petitioner, and any of his said creditors, may examine witnesses court before the court; and they may also offer any other evidence, or depositions taken according to law: and the court on hearing, may grant to the petitioner a certificate as aforesaid, or may dis
miss his petition as shall seem just. . Sec. 35. That when the court shall dismiss the petition of
Costs, by whom any person applying for relief under this act, judgment shall be
rendered against the petitioner for all the costs that have ac crued on behalf of the petitioner, (except such as have been paid by him to the commissioner, at the time of obtaining his certificate, and also, in resisting the same; and when the court shall grant the petitioner the relief prayed, judgment shall be rendered against the petitioner for the costs before the commissioner, and in the court, on the part of the petitioner, and not before paid; and the creditors resisting such petition and failing; shall pay their own costs: and all such costs shall be taxed as in other cases, and may be collected by execution; or the court may order that their final certificate shall be staid by the clerk, until the petitioner shall pay the costs taxed against him.
Sec. 36. That the certificate granted by the court to the Effect of certifi petitioner as aforesaid, shall protect the person of such petitioner The court
forever after from arrest or imprisonment, for any civil action, debt, or demand, mentioned in the schedule of his debts, made before the commissioner as hereinbefore provided: and if any sheriff, or other officer, shall arrest any person having been so discharged by the court, such officer having knowledge of such discharge, and that the person so arrested has a certificate, so granted to him by the court, or shall refuse to discharge the person so arrested out of his custody, as soon as such certificate shall be produced and shown to him; the officer so offending shall be deemed guilty of a trespass, and shall be liable to be prosecuted in the court of common pleas, in an action at the suit of the party injured: and if judgment shall be rendered against such officer for any sum whatever, in damages, the plaintiff shall recover full costs.
Sec. 37. That if any person who shall apply for the relief or con. contemplated by this act, shall, either before or after such apcealment of pro plication, conceal any of his property, rights or credits; or shall
on sell and convey, or in any manner dispose of the same, or any ilent disposition
part thereof, in trust for his own use, or for the use of his wife, or child, or children, (except for their immediate support;) or shall in any way dispose of any of his property, with intent to injure or defraud any one or more of his creditors, or to avoid the provisions of this act; the person so offending, shall be indicted, and upon conviction thereof, be fined in any sum not exceeding five hundred dollars, or be imprisoned in the cell or dungeon of the jail of the county, and be fed on bread and water only, not exceeding ten days, or both, at the discretion of the court.
Scc. 38. That the commissioner shall sell all the property commissionermo assigned to him, at public vendue, aíter giving at least üsteen sell property, days' notice, by advertisement, published in some newspaper of assigned ai pub lic vendue after general circulation in the county, or by advertisement set up 15 days' notice in three public places; which sale shall be made as soon after
such assignment as the commissioner shall judge most advantageons for the creditors.