rents and income which he shall have recovered during his administration.

the debtor to

SEC. 1083. All the goods, titles and claims, which the insol- Transfer of vent debtor shall have mentioned in his schedule, shall be deliv- the property of ered up to the provisional syndic, and shall remain in his hands, the provisional subject to the same sequestration as before; and in case the syndic. insolvent debtor should refuse to deliver up the goods and effects in his possession, the judge may compel him to do so, Mode of pro either by ordering the sheriff to seize the property, or by causing the debtor 10the insolvent debtor to be imprisoned until the delivery is fusing. effected.

ceeding against

office of the

a copy

SEC. 1084. The debtor who shall have made a surrender of Debtor to dehis property shall immediately deliver into the office of the liver into the notary, or other officer designated to preside at the meeting, a notary of his petition, copy of his petition and of the orders of the court relative to the schedule, etc. call; as also his schedules, with all the books and papers which may serve to give an explanation of his affairs, in order that his creditors may take cognizance thereof.

Appointment

of syndics.

Paty of the

notary before

cat tion.

a certi

of the

Band and se

SEC. 1085. At the meeting of the creditors, after having certified on oath their respective claims to be true and legitimate, they shall proceed to the appointment of a syndie; and the notary public before whom the meeting is held, shall, before issning a certificate of election, require fom the syndie a bond, with one or more good and sufficient securities, ià solido, to tae curt, to m satisfaction of the court; the amount of which bond shall be * fixed by a rule adopted relative to curators of vacant succes- the sions. Two thirds of the creditors, in number and amount, may Two thirds of dispense with any security at the meeting, and so express it in the dis the proces verbal. The syndic shall always be bound to give se- with sicurity. curity for the amount of the mortgage am privileged elul, as.

Fall i

Spc. 1086. At all meetings the eredis s all be to vote by proxy. The proxies shall f. and conditions now required by law fro.

sented by them.

the c

six d

ond, how

SEC. 1087. Persons may be appointed syndets co ceded property, although they may not be creditors of the debtor.

What opinion

the deliber

ors rel tive to the interest of

SEC. 1988. In all the deliberations which shall take place be tween the creditors, either for the choice of syndie or for the sale al pail in or disposal of the property surrendered, or for any other object tos of e editrelative to the interest of the mass of creditors, the opinion of the majority of the creditors, in number and amount, shall pre- the miss. vail; but in case of any equality, then the number of persons shall prevail.

The wife in partnership in goods with her husband, or his heirs, shall not be allowed to vote in the deliberations, unless partnership can their rights should have been previously settled by a partition or a judgment for a separation of goods.

Certain righte of mortgage

SEC. 1089. The privileged or mortgage creditors shall not be bound by the decision of the majority of the other creditors, creditors. either in amount or persons, if the latter want to sell the property surrendered on a credit.

Proces verbal

in the clerk's office.

The privileged or mortgage creditors shall have the right to require the sale for cash or so much of the property on which their privilege or mortgages rest, as will be sufficient to make the amount due to them, t gether with interest and cost, and on such credit as will meet the debts as they become due.

SEC. 1090. When the syndic shall have been appointed in the to be deposited meeting of the creditors and the surrender of the property shall have been accepted, it shall be the duty of the syndic or of the debtor to deposit in the clerk's office an authenticated copy of the proces verbal of their deliberations.

Opposition to the appointnent of syndic, how made.

It shall not be necessary to have such deliberations homologated.

SEC. 1091. Should any creditor of an insolvent debtor deem it necessary to oppose the appointment of syndic, or to charge fraud against the debtor, he shall, within ten days next following the meeting of the creditors, lay before the court his written opposition, stating specially the several facts of nullity of the appointAccusation of ment or fraud alleged against the insolvent debtor. Whereupon frand shall be the judge shall decide said opposition; and in case of accusation of fraud, after having received the insolvent debtor's answer, the court shall order a jury to be summoned for the purpose of deciding on the accusation.

decided by a

jury.

What consti

lent debtor.

All persons shall be considered guilty of fraud who shall have tutes a fraudu- concealed their body or any of their property with an intention to keep it from their creditors; as also those who, being mer chants or shop-keepers, shall have concealed their commercial books and papers with the same intention; and the same rule shall apply to any insolvent debtor who shall abscond or absent himself from his usual place of residence without giving his creditors any account of his affairs, and without having previously surrendered to them his property, or who shall transfer the same to any other place in order to deprive his creditors thereof.

Certain fraudalout debtors.

What shall

constitute ure dence of fraud.

Bumptive evi.

SEC. 1092. Every insolvent debtor shall also be considered as guilty of fraud who shall have passed simulated deeds for the purpose of conveying the whole or any part of his property, and depriving his creditors thereof, or shall have knowingly omitted to declare any of his property, right or claims in his schedule, or purloined his books or any of them, altered, changed or made them anew, always with an intent to defraud his creditors, or commi ted any other kind of fraud to the prejudice of his creditors.

SEC. 1093. If a debtor, who has voluntarily surrendered his property to his creditors, or has been proceeded against for a Surrender, shall have given within the year an unjust advantage or preference to any one or more of his creditors, by payment or otherwise, or shall have anticipated the payment or provided for the payment of a debt not due, the effect whereof shall be to injure the complaining creditor; or shall purchase property for cash, the delivery whereof shall be made to him, and then shall sell or dispose of the same without paying his vendor; or shall remove the same beyond the reach of such vendor, or shall conceal or cover the same in any manner so that his vendor cannot render the same liable, or shall fail to pay over money received or collected for, or deposited with him for another; or sha 1 have made a conveyance, transfer, mortgage or pledge of his property,

to the prejudice of the complaining creditor; any such act shall be held presumptive evidence of fraud-liable, however, like all other presumptions, to be disproved.

fraud may be

SEC. 1094. Any creditor who may justly believe that he has Debtors good cause of complaint, may appeal to a competent judge, who charged with may thereupon order the arrest and confinement of the party arrested. complained of until he shall give bond, in a sum to be fixed by the judge, with one or more solvent sureties residing in the State, conditioned for such party's appearance to answer the petition and abide the final order of the court thereon.

SEC. 1095. Upon an accusation of fraud, the creditor who shall have brought the same, shall have the right to interrogate the insolvent debtor, and to put to him such written questions on the state of his affairs, and the several transactions in which he may have been engaged, as he shall think proper; and the debtor shall answer in writing, in a pertinent and distinct manner; and every insufficient answer on his part shall be construed against him.

Debtors may

be interrogated in writing in

cases of fraud.

against debtors

SEC. 1096. If the jury, summoned for the purpose of deciding Penalty on the accusation of fraud brought against the insolvent debtor, convicted of declare in their verdict that he has been guilty of fraud, the in- fraud. solvent debtor shall forever be deprived of the laws passed in favor of insolvent debtors in this State, and shall be sentenced to imprisonment for a term not exceeding three years; and if it shall appear that the debtor has only been guilty of conferring an unjust preference or advantage upon another bona fide creditor, whose demand was actually due, such defendant may be relieved from imprisonment by paying the complaining creditor, How debtors or repairing the injury or fraud complained of; and in case the be relieved. jury or court shall find the charges against the debtor unfounded, and that he has proceeded without reasonable ground of suspicion, they may impose such damages against the party complaining as may be reasohable and just.

The creditor who may proceed against his debtor under the provisions of this and the three preceding sections, may, in the same action, proceed against the party in favor of whom the defendant may have made the sale, mortgage, pledge, assignment or payment complained of; and the court may render judg. ment against such third party according to law.

imprisoned may

benefit of the

SEC. 1097. Any debtor who shall, within three months next Who are depreceding his failure, have sold, engaged or mortgaged any of his barred from the goods and effects, or shall have otherwise disposed of the same, insolvent laws. or confessed judgment, in order to give an unjust preference to one or more of his creditors over the others, shall be debarred from the benefit of the insolvent laws, and the said deed or acts shall be declared null and void.

If the purchaser of such property shall prove that the property was either sold or engaged to him for a true and just consid eration, by him bona fide delivered at the time of such deed, then, and in that case, the sales and mortgages shall be declared valid.

SEC. 1098. All defaulting receivers of public funds of any Defaulters dekind. and all unfaithful depositaries shall be deprived of the prived of the benefit of all acts passed for the relief of insolvent debtors; also, insolvent laws.

benefit of the

Duty of the

oreditors r fuse

all those whose losses shall have been occasioned by gambling, dissipation or debauch.

SEC. 1099. If, on the day appointed for the meeting, the credJude when the itors, although duly summoned, do not attend, or refuse to ap or neglect to ap- point a syndic, it shall be lawful for the judge, on a certificate of point a syndic. the notary or other public officer in whose office the meeting was held, stating that the creditors did not attend, or would not appoint a syndic, to authorize the sheriff to perform in every respect the functions of syndic, unless any of the creditors should choose to take that charge, in which case the judge shall appoint the creditor for that purpose, on his giving bond with good and sufficient security, according to law.

Sheriff may

act as such.

Certain

duties which

syndies may ex

SEC. 1100. The syndic, without any authorization from any court for that purpose, is authorized to sue and be sued in everyercise without thing which respects the rights and actions which may belong to the insolvent debtor, and which may concern the mass of credi tors; and finally he shall make a distribution of the proceeds of the property, agreeably to the directions of the court.

the authoriza tion of the

court.

Corporeal

posed of.

Incorporeal

SEC. 1101. The property ceded, excepting incorporeal rights,. rights, how dis- shall be ordered by the court to be sold at public auction, at such times and places and upon such terms and conditions as may be determined by the creditors; and incorporeal rights, rights, how dis- actions and credits may also be sold by public auction, by virtue of an order of the court before which the proceeeings are de pending, to be made upon the petition of the syndic, setting forth the reasons which may render such a mode of disposition advisable.

posed of.

SEC. 1102. The syndic, for the purpose of effecting the sale of the property assigned, shall be authorized to give a release of the mortgage existing on the property in favor of any of the creditors. He shall keep in his hands the proceeds, subject to the same rights in favor of the mortgage creditors, which they had in the property itself.

SEC. 1103. In case of vacancy in the office of syndic, by removal or otherwise, a meeting of the creditors to fill the vacancy shall be ordered.

SEC. 1104. When the time arrives when a dividend shall be declared, or the syndic shall be called on by any creditor to make a showing of the amount of funds in his hands, if it shall appear that the syndic has funds to distribute, he shall make out a tableau of distribution within ten days next following the day of filing the statement of his account in the clerk's office, containing the names of the several creditors of the insolvent debtor, and mentioning the sums which are due to them, respectively; and the tableau shall besides contain the distribution of the sum to be divided among all the creditors in following the order of privileges or mortgages, if any they have, or proportionally if they are ordinary creditors; and the syndic shall deposit the tableau in the clerk's office; the clerk shall notify the creditors thereof according to law.

SEC. 1105. All the suits which may have been brought anterior to the failure, shall be transferred to the court in which the insolvent debtor shall have presented his schedule, and shall be continued against his syndic.

ney for absent

SEC. 1106. The fees of the counselor who shall be appointed Fees of attor to represent the absent creditors shall in no case be paid by the creditors, by mass of creditors, but shall be levied on the amount which shall whom paid. be recovered for the account of the absent creditors at the rate of five per cent; provided, That in no case shall the fees exceed the sum of two hundred and fifty dollars.

Commissions

dics, how deter

SEC. 1107. The creditors may, in their deliberation at the time of electing a syndic, determine the rate and amount of the allow d to syn commissions to be received by him; and such determination mined. shall be valid and binding upon the syndic who shall accept the

trust.

In no case shall the syndic be entitled to receive greater commissions than at the rate of five per centum upon the net amount of money received; when the commissions of the syndic have not been fixed by the deliberation of the creditors, commissions shall be allowed at the following rates, to-wit: five per cent. upon a sum not exceeding fifty thousand; three per cent upon sums above fifty thousand and not exceeding one hundred thousand dollars, and two per cent. upon all sums exceeding one hundred thousand dollars. And provided further, That the commissions shall be allowed only on such net sums of money as shall actually come to their hands, or be disbursed and distributed by them.

Debtor may

SEC. 1108. Any debtor who may be imprisoned under a writ 1855-48. of arrest, and against whom no charge of fraud is pending, may be discharged be discharged from arrest by making a surrender of his property from arrest by to his creditors.

making a surrender.

SEC. 1109. Whenever a person is sentenced to imprisonment 1855-151. for a given time, and to pay a fine and costs, and to stand com- Persons immitted until they are paid, and he has not the means to make prisoned for the non-payment of the payment, he may, after having served the time for which he a fine and costs was sentenced, be enabled to take the benefit of the insolvent entitled to the laws for the fine and costs, or either of them.

ben fit of the insolvent laws.