upon the trial of the issue or issues, such debtor shall be found guilty of any fraud or deceit towards his creditors, or of having lost by gaming as aforesaid, or of having given any preference as aforesaid, he shall be precluded from any benefit under this act; and in case such debtor, or any other, testi- False testifying either for or against him, shall at any mony or cortime thereafter be convicted of falsely wil- upt swearing or affully and corruptly swearing or affirming to any matter or thing in virtue of this act, he shall suffer as in the case of wilful perjury, and How punupon such conviction of the debtor, or any ished. other person testifying for him, he shall be forever precluded from any benefit under this

act.

firming.

lowed a

commission.

Trustee

Sec. 8. And be it further enacted, That Trustee alevery judge charged with the execution of this act, may, in the respective cases which may be brought before him, allow the trustee a commission not exceeding eight per centum for his trouble, on the amount of debts paid by him; and if any complaint shall be made to the said judge of the misconduct of any trustee by any creditor, or by may be su the debtor, the said judge may call such trus- perceded for tee before them, and enquire into the cause misconduct. of complaint, and may make such rules and orders as he may think proper for the accomplishment of the object of the trust, and may in his discretion remove such trustee and appoint another in his place.

Exhibition the Trustee.

of claims to

Sec. 9. And be it further enacted, That the acting judge may by order, limit and a point a time for creditors to bring in and exhibit their claims to the trustee, and if the said trustee should think proper to contest any claim exhibited against the debtor, it shall be his duty to report the same to the settled.

Contested

claims how

Provision

for contest ed claims.

Collusion

forfeits the debt.

Debtor ar

ed, how to

be discharged, and in what cases.

judge having cognizance of the case, who may examine the creditor and debtor upon oath respecting the same, and may submit to a jury, such issues as shall be proper to settle the points in contest, or may appoint two indifferent persons to act as arbitrators between the parties, with a power, if they differ, to chuse an umpire, and a decision thus made shall be final between the parties; and the said justice may order any part of the debtor's estate to be set apart, and retained for the eventual satisfaction of any contested claim, or to be brought again into distribution; and if any creditor to whom a debt is due, shall collude with a debtor to gain an undue preference, or for the concealment of any part of the debtor's estate or effects or shall contrive or concert any acknowledgement of the debtor by parol, or in writing, to give false color to his claim, such creditor shall lose the whole of his debt.

Sec. 10. And be it further enacted, That rested after if any debtor who shall have been relieved being reliev- under this act, shall be arrested or imprisoned on any process sued out on any judgment or decree, obtained against him for any debt, damages, or costs contracted, owing or growing due before his discharge as aforesaid, the court before whom such process shall be returned or returnable, or any judge thereof, shall discharge such debtor; and if any such debtor shall be arrested or imprisoned on any process for the recovery of any debt, damages, or costs contracted, owing or growing due before his discharge as aforesaid, the court before whom such process shall be returned, or returnable, or any judge thereof, shall discharge such debtor out of custody, on his common appearance being entered, without

special bail: Provided, and it is the true intent and meaning of this act, that no discharge whatever under this act shall be construed or taken as a discharge of any other person from any debt, contract or engagement of any kind

or nature soever.

Sec. 11. And be it further enacted, That The judge when the acting judge shall as above pre- shall lodge scribed, give to the marshal an order for the with the discharge of a debtor, it shall be the duty clerk of the of the said judge to lodge with the clerk of county the the county in which the discharge shall take

place, a certificate in the following words, Certificate viz. "I do hereby certify, that I have this ofdischarge. day ordered the marshal of the district of Columbia, to discharge from imprisonment A. B. an insolvent debtor, agreeably to the act of the Congress of the United States, entituled, "An act for the relief of insolvent debtors within the district of Copy of the Columbia,' " which said certificate shall be recorded certificate erecorded by the said clerk, and a copy therevidence in of under seal, shall be received in evidence, law. in any court of law in the United States.

if

completed.

Sec. 12. And be it further enacted, That Unfinished any judge before whom the operation of acts of a this act in any particular case shall have been judge how commenced, shall die, resign his office or be. come disqualified, the proceedings may be completed by any other judge of the said court, in the same manner as if they had been originally commenced before him.

pers are to

Sec. 13. And be it further enacted, That What pathe application of the debtor, the appoint- be recorded ment of a trustee, the deed from the debtor by the counto the trustee, the several claims exhibited ty clerk. to the trustee and the amount of sales of the

debtor's property shall be transmitted to and recorded by the clerk of the county in which

Copies of the record

legal evidence.

the debtor was confined at the time of his application; copies of which, under seal, shall be received as evidence in any court of law in the United States, and the clerk shall Clerks fees receive the same fees as are fixed by law for howpayable. the like services in other cases, to be paid by the trustee out of the first proceeds of the debtor's estate that may come into his hands.

Limitation

to the effect

charge.

Sec. 14. And be it further enacted, That of this dis- no discharge of an insolvent debtor under this act shall have a greater effect in any particular state than if such debtor had been discharged under the insolvent debtor's law of any other state.

Circuit

court shall determine the allow

ance of pri

soners in

civil suits.

Who shall

not be detained un

Sec. 15. And be it further enacted, That the circuit court of the district of Columbia, shall, by a general order to be entered on the records of the said court, fix the daily allowance for the support and maintenance of prisoners in execution for debt or damages in civil suits, which allowance the said court may, by a like general order, increase or diminish from time to time, as circumstances may require. And no person taken in execution for debt or damages in a civil suit, less provided shall be detained in prison therefor, unless for-by the creditor, his agent or attorney, shall after demand thereof by the marshal, pay or With prison give such security, as he may require, to pay such daily allowance, and the prison fees: Provided, that a release from prison for want of such payment or security, shall not discharge the debt; but the body of the debtor shall never be again taken in execution therefor.

fees.

Proviso.

Prison

Sec. 16. And be it further enacted, That bounds in the said court may cause to be marked and the district. laid out, reasonable bounds of the pri

sons in the said district, to be recorded in the same court; and from time to time, may re

security.

new, enlarge, or diminish the same. And every Liberty of prisoner not committed for treason or felony, the prisongiving such security to keep within the said ers under bounds, as any judge of the said court shall approved approve, shall have liberty to walk therein, out of the prison, for the preservation of his health; and keeping continually within the said bounds, shall be adjudged in law a true pri

soner.

ed the pro

vigions of

Sec. 17. And be it further enacted, That Public debt⚫ the provisions of this act shall not be constru- ors and noned to extend to any debtor who is or shall be residents a imprisoned at the suit of the United States, year,excludnor to alter, lessen, or impair the right of the United States, to be first satisfied out of the this act. estates of persons indebted to them; nor to any debtor who has not resided within the district of Columbia one year next preceding his said application.

NATHL. MACON,

Speaker of the House of Representatives.

STEPHEN R. BRADLEY,

President of the Senate, pro tempore.

March 3, 1803.

APPROVED.

TH: JEFFERSON.