Oath to be taken

and there file his petition, and submit to a further examination, pay the costs of his said application and petition, and in all respects comply with the requisitions of this act.

Sec. 15. That when any person, being in custody of any of by person apply ficer, shall make application to the commissioner, as is provided ing under provi in the eighth section of this act, he shall, at the time of making such application, make and subscribe an oath or affirmation, before the commissioner, in the following form, viz:

section

also answer ques

ditor

"I, A. B., do swear (or affirm) that I was not arrested, nor am I now in custody of an officer, at the suit of any collusion or combination with the said

, by

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
eredits 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,
excepted): and also, all my bonds, notes, contracts in writing,
and other contracts in which 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 whatsoever: 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 shall apply to the commissionApplicant shall er as aforesaid, he shall, at the time of making oath as aforetions put by com said, answer such questions as shall be put to him by the commissioner 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 to be 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.

answers
written and sub
scribed

Person having

Sec. 17. That the commissioner may give such certificates 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 ing bond manner provided in the eighth section of this act, without re

cate without giv

quiring any bond of such applicant, if the commissioner shall be satisfied that the applicant has no property of any kind, where said applicant shall have complied with the foregoing provisions of this act; or the commissioner, at his discretion, may require require the applicant to give bond, with surety, in the manner provided bond at his dis in the thirteenth section, in any sum not exceeding one hundred dollars, conditioned as is provided in said section.

Or commissioner may

crétion

bond, and has

tion, shall give

Sec. 18. That when any person shall have applied for relief under this act, or under the act for the relief of insolvent deb- obtained one cer tors, passed February twenty third, eighteen hundred and tificate without twenty-four, and shall have obtained the certificate of the com- failed to prose missioner, without giving bond and security, and shall have failed cute his applica to prosecute such application, so as to obtain a certificate from bond before he the court, and shall, at any time after such application, again obtain certificate apply for relief under this act; every person so applying, shall give bond with surety, to be approved by the commissioner, in the manner provided in the thirteenth section of this act, before he shall a second time obtain the certificate of the commissioner.

a second time

Sec. 19. That if any applicant for relief under this act, shall fail to appear in court, and comply with the condition of his Bond how for bond, the same shall be forfeited, and suit may be brought there

feited

on in the name of the commissioner, for the use of the credit- sum recovered 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 the creditors of the applicant are distributed by this act.

tributed amongst

sioner shall speci

Sec. 20. That when any person shall apply to the commissioner, and shall have complied with the foregoing provisions What commis of this act, the commissioner shall give to the applicant a certi fy in his certifi 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.

missioner's certi

ficate

Sec. 21. That the certificate of the commissioner shall protect the person of the applicant from arrest or imprisonment, Effect of the com 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, Proviso require such applicant, when his petition is continued, to enter into a recognizance to the State of Ohio, for the benefit of his creditors, with surety, to be approved by the court, conditioned that said petitioner shall appear and prosecute his said" petition, and abide the order of the court thereon.

Applicant to be discharged from

custody on pro

ducing certificate

Sec. 22. That when such applicant shall produce said certi ficate to any officer in whose custody he may be, or who shall have civil process against him, the officer shall forthwith dis charge such person out of his custody: and the officer shall re- to the officer turn, with the process by virtue of which he had such person in custody, a copy of said certificate; and he 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,

Sec. 23. That the commissioner shall keep a book, in which Commissioner to he shall enter each application made to him under this act, end enter each appli 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.

eation and his

book

vision of the

Sec. 24. That all the proceedings of the commissioner shall Commissioners be subject to the supervision of the court by which he was ap subject to super 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.

the application

shall give

Sec. 25. That the commissioner, after application made to What notice of him as aforesaid, shall give fifteen days' notice thereof, by adcommissioners vertisement in some newspaper of general circulation in the county, or by advertisement set up in three public places in the county, one of which shall be on the door of the court-house; in which advertisement shall be specified the time when the copies bereinafter provided for, will be returned to the court.

intervene, com.

copies of sched.

next court

Sec. 26. That when fifteen days shall intervene between the If fifteen days day of making application to the commissioner, and obtaining missioner shall bis 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 ul. s, his proceed duty of the commissioner to return to said court, on or before the ings, &c. to the first day of the term, the original bond given to him 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 copies, shall be filed by the clerk, and shall remain on file in his et 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.

Clerk to file the

papers and dock

tion

papers to he re

Sec. 27. That when fifteen days shall not intervene between When 15 days the day of making application as aforesaid, and the first day of do not intervene, 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.

his petition in

Scc. 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 applicant shall file his petition in the office of the clerk of said court, setting forth his said application to the commissioner, and praying for the relief contemplated by this act; and the court shall thereupon, on the same day, or on some subsequent day in the same term, while the sa detitioner is in court, cause the creditors of said petitioner to be called; and if none shall appear in person or by attorney, to resist said petition, the court may, without

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.

resisted and fur

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, continued until the next term of the court; and such further ex- continued for amination shall be before the commissioner, or before some that purpose other person, to be appointed by the court, to take the same.

petition may be

to

notice before fur.

Sec. 30. That before the petitioner shall be required to sub Petitioner 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.

writing

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 be put to him, shall be reduced to writing by himself or his attor ney, or by the commissioner, or other person appointed by the court as aforesaid.

Petitioner requi;

journment may

Sec. 32. That if the petitioner, while under examination as aforesaid, shall require further time to answer any questions put ring further timeto him in writing, it shall be the duty of the person before to answer, adwhom such examination is had, to adjourn the same for any time be had not exceeding four days; and such petitioner shall not be required by his creditors, or any of them, to appear and submit to an examination as aforesaid, more than twice, unless by adjournment as aforesaid.

nation, and make oath there

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! the truth thereof, before the commissioner, or before some other 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.

the final hearing

Sec. 34. That upon the final hearing of the petition, the several examinations of the petitioner may be read as evidence, Proceedings on 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 dismiss his petition as shall seem just.

Sec. 35. That when the court shall dismiss the petition of

paid

Costs, by whom any person applying for relief under this act, judgment shall be rendered against the petitioner for all the costs that have accrued 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.

cate granted by The court

Sec. 36. That the certificate granted by the court to the Effect of certifi petitioner as aforesaid, shall protect the person of such petitioner 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.

ulent disposition hereof

Sec. 37. That if any person who shall apply for the relief Penalty for 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 perty, or frand- sell and convey, or in any manner dispose of the same, or any 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.

assigned at pub

Sec. 28. That the commissioner shall sell all the property Commissioner assigned to him, at public vendue, after giving at least fifteen sell property days' notice, by advertisement, published in some newspaper of 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 advantageous for the creditors.