commanding any sheriff or constable to cause such debtor, his wife, or other person, to be brought before him at such time and place as he shall appoint, for the purpose of being examined.1 tion; The examination and proceedings under such warrant, are examina provided for as follows: "The officer issuing such warrant, shall examine every person so brought before him, on oath, in the presence of the trustees, or any of them, touching all matters relative to the debtor, his dealings and estate, and touching the detention or concealment of any part of his property, and touching the indebtedness of any person to such debtor; and shall reduce the examination to writing, which the person so examined is hereby required to sign, and which shall be attested by the officer."2 ing to an be commit "If any person, so brought before such officer, shall refuse person retusto be sworn, or to answer satisfactorily all lawful questions swer, &c. fo put to him, or shall refuse to sign the examination, not having ted, &c. a reasonable objection thereto, to be allowed by such officer, the said officer shall by warrant commit such person to prison, there to remain without bail, until he shall submit to be sworn, or to answer as required, or to sign such examination; in which warrant the particular default of the person committed shall be specified, and if it be in not answering any question, such question shall also be specified therein." "If any person so committed, shall bring a writ of habeas corpus, he shall not be discharged by reason of any insufficiency in the form of the warrant of commitment; but the court or officer, before whom such person shall be brought, shall recommit such person, unless it shall be made to appear that he hath answered all lawful questions put to him, or had sufficient reason for refusing to sign the examination, as the case may be, or unless such person shall then answer, on oath, the questions so put to him."4 66 Any sheriff or jailer, wilfully suffering any person so committed or recommitted, pursuant to the foregoing sections, to escape, shall be liable to indictment for a misdemeanour, and on conviction thereof, in addition to any other punishment the court may inflict, shall forfeit to the trustees, a sum equal to the whole amount of debts due to the creditors of such debtor, not exceeding two thousand five hundred dollars." "The person so examined, and answering to the satisfacexposed to tion of the officer, shall not be liable to any penalty imposed in this article, for concealing and not delivering any property, or paying any debt; but his answers on such examination may be given in evidence in the same manner, and with the like effect, as if they had been made in answer to a bill in equity, filed by such trustees." Person answering not any penalty, but his an swers evidence. Reward for discovery of fects, It is also provided, that any person who shall discover to secreted of the trustees any secreted effects, property, or things in action, belonging to such debtor, so that they shall be recovered by them, shall be entitled to ten dollars on the hundred dollars, and at that rate, on the value of the effects so discovered, to be paid by the trustees out of the estate of such debtor; but that this provision shall not extend to persons who have such effects, property, or things, in their own possession." How referred, and re chosen. Reference of controversies.] If any controversy should ferees how arise between the trustees and any other person, in the settlement of any demands against such debtor, or of debts due to his estate, the same may be referred to three indifferent persons, who may be agreed upon by the trustees and the party with whom such controversy shall exist, by a writing to that effect, signed by them. 8 If such referees be not so selected by agreement, then the trustees may serve a notice on the other party to such controversy, of their intention to apply to the officer who appointed them, or to any other officer of like authority residing in the same county, for the appointment of referees, specifying the the time and place when such application will be made, which notice is required to be served at least ten days before the time so therein specified.9 On the day so specified, the trustees may nominate two persons, not being creditors of such debtor, or otherwise interested; and the other party to such controversy, or in case of his absence or refusal, the said officer, on due proof of the service of such notice, in his place, is required to nominate two indifferent persons.10 It is provided, that the names of the persons, thus nominated, shall be written on four pieces of paper, as similar, in all respects, as may be, which shall be rolled up separately, and put into a box, and from thence the said officer shall draw out three of them; and that the persons whose names are so drawn, shall be the referees to determine the controversy."1 The officer, before whom they shall be selected, is required to certify such selection in writing. Such certificate, or the written agreement of the parties, must be filed by the trustees in the office of a clerk of the supreme court, and a rule must thereupon be entered by such clerk, in vacation, or in term, appointing the persons so selected to determine the controversy.12 referees. Such referees have the same powers, and are subject to the Powers of like duties and obligations, and are to receive the same com- Compensapensations, as referees appointed by the supreme court, in personal actions pending therein.13 tion. The report of the referees must be filed in the same office Report. where the rule for their appointment was entered, and is de Meeting of creditors, how called. clared to be conclusive on the rights of the parties, if not set aside by the court.14 Distribution of proceeds of debtor's property.] The following provisions of the statutes direct in what manner the trustees are to dispose of the funds received by them: "The trustees, within fifteen months from the time of their when and appointment, shall call a general meeting of the creditors of such debtor, by a notice, to be published in the same manner as herein before directed, respecting the publication of the notice of their appointment; in which notice they shall specify the time and place of such meeting, which time shall not be more than three months, nor less than two months, after the first publication of such notice. Every such notice shall be published at least once in each week, until the time of such meeting."15 Adjustment of accounts. disburse missions, &c. "At such meeting, or other adjourned meeting thereafter, all accounts and demands, for and against the estate of such debtor, shall be fairly adjusted, as far as the same can be ascertained, and the amount of monies in the hands of the trustees declared."16 Deduction of "Out of the monies in their hands, the trustees may first ments, com- deduct all the necessary disbursements made by them in the discharge of their duty, and a commission at the rate of five per cent. on the whole sum, which shall have come into their hands."17 Payment, may "They shall pay to every attaching creditor the amount of any recovery which have been had against him, on any bond he may have executed for the purpose of retaining any property, or any vessel, for the benefit of all the creditors, and his costs for defending any such suit." 9918 "Whenever any bond shall have been executed by an attaching creditor for the purpose in the last section specified, the trustees shall retain a sufficient sum from the monies in their hands to indemnify such creditor, until a final determination be had, respecting his liability."19 U. States. "They shall pay all debts due by such debtor to the United Debts due States, and all debts due by him to persons who, by the laws of the United States, have a preference in consequence of having paid money as sureties of such debtor."20 66 distributed. They shall distribute the residue of the moneys in their Residue how hands, among all those who shall have exhibited their claims as creditors, and whose debts shall have been ascertained, in proportion to their respective demands, and without giving any preference to debts due on specialties among those who were creditors at the time of issuing the first warrant of attachment."21 preferred. "In making such distribution, the trustees, shall first pay Certaindebts all debts that may be owing by the debtor as guardian, executor, administrator, or trustee ; and if there be not sufficient to pay all debts of the character above specified, then a distribution shall be made among them in proportion to their amounts respectively."22 "Every person to whom a debtor shall be indebted on a valuable consideration, for any sum of money not due at the time of such distribution, but payable afterwards, shall receive his proportion with other creditors, after deducting a rebate of legal interest upon the sum distributed, for the time. unexpired of such credit."23 Debts not yet due. "Where mutual credit has been given by any debtor and Set-offs. any other person, or mutual debts have subsisted between such debtor and any other person, the trustees may set off such credits or debts, and pay the proportion or receive the balance due. But no set-off shall be allowed of any claim or debt which would not have been entitled to a dividend, as herein before directed.”24 19 Ib. s. 31. S. 20 Ib. 21 Ib. S. 32. 33. 22 Ib. 47. s. 34. 24 Tb. s. 36. |