If more than one attach ceeds appor tioned. by him, or so much thereof as may be necessary to satisfy the execution; and if any balance remain due, to sell under the execution so much of the property of the corporation remaining in his hands, as may be necessary to satisfy such balance. 17 If there be more than one attachment issued against any ment, pro- foreign corporation, in behalf of several plaintiffs, at the same term, or during the same vacation of a term, and judg ment be rendered in favour of such plaintiffs, the court are directed to apportion the proceeds, arising from the sale of the defendants' property, among the plaintiffs, in proportion to the amount of their respective judgments.13 If judgment for defend Judgment, &c., for the defendants.] If the plaintiff in the ant, proceed action is nonsuited, or discontinues the action, or if judgment ings as in sent debtors. case of ab for any cause passes against him, every bond taken by the sheriff, all the proceeds of the sales, and all the property of the corporation remaining in his hands, are required to be delivered by him to the defendants, or their agents, in the same manner, and upon the same terms, as are prescribed in the case of an attachment against an absent debtor, being discharged;19 and in case of the failure of the corporation to comply with such terms, the sheriff is required to proceed in like manner, as directed20 in cases of absent debtors.21 Double costs, and damages against plaintiff. If it should appear to the court, that the suit against the corporation was brought vexatiously, and without just cause, they are required to award double costs against the plaintiff; and the plaintiff is declared to be liable to the defendants for all damages which they may sustain by the proceedings.2 17 2 R. St. 460. s. 24. 19 2 R. St. 461. s. 30. 19 Ante, Vol. 2. p. 648. 650. 22 20 Ante, Vol. 2. p. 648. 650. 21 2 R. St. 461. s. 25. 22 Ib. s. 26. CHAPTER X. OF ATTACHMENTS AGAINST DEBTORS CONFINED FOR CRIMES. which at lies. The statutes provide, that, whenever any debtor shall be cases in imprisoned in the state prison, for any time less than his natu-tachment ral life; and whenever any debtor shall be imprisoned in any penitentiary or county jail, for a criminal offence, for any term more than one year, trustees may be appointed to take charge of his estate.2 23 and how ap be made. Application for appointment of trustees.] The application To whom may be made to any of the officers authorised to grant attach- plication to ments against absconding debtors, and whom we have already enumerated;24 and it may be made by any creditor of the debtor, or by any of his relatives, or by any relative of his wife.25 Upon producing a copy of the sentence of conviction of the debtor, duly certified by the clerk of the court, under his seal of office, together with an affidavit of the applicant, that the debtor is actually imprisoned under such sentence, and is indebted in any sum whatever, the officer to whom the application is made, is authorised immediately to appoint two or more Trustees au fit persons, to be trustees of the estate of the debtor.26 pointed. Effect of the appointment.] The appointment of trustees Effect of afis declared to have the same effect, as the publication of a pointment, Duties and accountability of trustees. After debts paid, surplus notice of an attachment against an absconding debtor;" and to vest in the trustees, the same rights in, and powers over, the estate, real and personal, of the debtor, as the appointment of trustees of the estates of absconding debtors.29 Duties of trustees in paying debts, &c.] The trustees are required to pay the debts of the debtor, in the same manner as is directed in the eighth article of the first title of the fifth chapter of the second part of the revised statutes, and to account in the like manner, and be subject to the same control, obligation, and responsibilities. 101 The provisions of the title referred to are the same, with some very slight variations, as those which apply to cases of absconding debtors.st After paying the debts of the imprisoned debtor, and their how applied; disbursements and commissions, it is provided, that the trustees may, under the direction of the officer who appointed them, or of the chancellor, or any equity judge, having jurisdiction, 27 Ante, vol. 2. p. 637. 28 Ante, Vol. 2. p. 651. et seq. 30 In relation to debtors confined for crimes, in s. 6. of A. 8. T. 1. Ch. 5. P. 2. it is provided, that the trustees shall be deemed vested with the debtor's estate, from their appointment: in s. 7. of same article, it is provided, that no debt shall be set off in any suit brought by the trustees, unless it was owing before their appointment: in s. 9. of same article, it is provided, that the notice of the appointment of trustees shall be published in a newspaper printed in the county where the application was made: in s. 23. of same article, the certificate of the selection of referees, : or, if they are agreed upon, the agreement, is required to be filed in the office of the clerk of the court of common pleas of the county and ss. 30. 31. 33. and 34. of same article not being appli cable to the cases of debtors confined for crimes, the directions intended to have been given to the trustees as to the payment of the debtor's debts, appear to have been omitted in the statutes. With the exception of the sections here referred to, all the provisions of this article, which we have noticed as applicable to the conduct and duties of trustees, in proceedings against absconding debtors, appear to be applicable to cases of debtors confined for crimes. 31 Ante, Vol. 2. p. 652. et. seq. from time to time apply the surplus of any monies in their hands, to the support of the wife and children of the debtor, and of such other relatives as he may be bound to support, and to the education of his children.32 debtor is The trustees are required, whenever the debtor shall be law-how, when fully discharged from his imprisonment, to deliver up to him discharged. all the estate, real and personal, of the debtor, and all monies belonging to him, remaining in their hands, after retaining a sufficient sum to satisfy the expenses which they may have incurred in the execution of their trust, and their lawful commissions.s 3S CHAPTER XI. OF ARBITRATIONS. What may be submit whom, The submission.] All persons, except infants, and married ted, and by women, and persons of unsound mind, may, by an instrument in writing, submit to the decision of one or more arbitrators, any controversy existing between them, which might be the subject of an action at law, or of a suit in equity, except as the statutes otherwise provide; and may, in such submission, agree that a judgment of any court of law and of record, to be designated in such instrument, shall be rendered upon the award, made pursuant to such submission.1 what not. Effect of provisions of ed. But the statutes provide, that no such submission shall be made, respecting the claim of any person to any estate, in fee, or for life, to real estate; but that any claim, to an interest for a term of years, or for one year, or less, in real estate, and controversies respecting the partition of lands, between joint tenants, or tenants in common, or concerning the boundaries of lands, or concerning the admeasurement of dower, may be so submitted to arbitration.2 The statutes declare, that "nothing contained in this title, statute limit shall be construed to impair, diminish, or in any way affect the power and authority, of the court of chancery over arbitrators, awards, or the parties thereto; nor to impair or affect any action upon any award, or upon any bond or other engagement to abide by an award." 12 R. St. 541. s. 1. 32 R. St. 544. s. 22. |