Offsets to be SEC. 42. And be it further enacted, That where it shall appear to the said commissioners that there hath been mutual credit given by the bank- allowed. rupt, and any other person, or mutual debts between them at any time before such person became bankrupt, the assignee or assignees of the estate shall state the account between them, and one debt may be set off against the other, and what shall appear to be due on either side on the balance of such account after such set off, and no more, shall be claimed or paid on either side respectively. Assignees may with consent of the commissioners, &c. agree to a reference or SEC. 43. And be it further enacted, That it shall and may be lawful to and for the assignee or assignees of any bankrupt's estate and effects, under the direction of the commissioners, and by and with the consent of the major part in value of such of the said bankrupt's creditors, as shall have duly proved their debts under the commission, and shall be compromise. present at any meeting of the said creditors, to be held in pursuance of due and public notice for that purpose given, to submit any difference or dispute for, on account of, or by reason or means of, any matter, cause, or thing whatsoever, relating to such bankrupt, or to his or her estate or effects, to the final end and determination of arbitrators to be chosen by the said commissioners, and the major part in value of such creditors as shall be present at such meeting as aforesaid, and the party or parties with whom they shall have such difference or dispute, and to perform the award of such arbitrators, or otherwise to compound and agree the matter in difference and dispute as aforesaid, in such manner as the said assignee or assignees under the direction and with the consent aforesaid, shall think fit and can agree; and the same shall be binding on the several creditors of the said bankrupt, and the said assignee or assignees are hereby indemnified for what they shall fairly do, according to the directions aforesaid. SEC. 44. And be it further enacted, That the assignees shall be, and hereby are vested with full power to dispose of all the bankrupt's estate, real and personal, at public auction or vendue, without being subject to any tax, duty, imposition, or restriction, any law to the contrary notwithstanding. SEC. 45. And be it further enacted, That if after any commission of bankruptcy, sued forth, the bankrupt happen to die before the commissioners shall have distributed the effects, or any part thereof, the commissioners shall, nevertheless, proceed to execute the commission, as fully as they might have done if the party were living. SEC. 46. And be it further enacted, That where any commission of bankruptcy shall be delivered to the commissioners, therein named, to be executed, it shall and may be lawful for them before they take the oath or affirmation of qualification, to demand and take from the creditor or creditors prosecuting such commission, a bond with one good security, if required, in the penalty of one thousand dollars, conditioned for the payment of the costs, charges, and expenses, which shall arise and accrue upon the prosecution of the said commission: Provided always, that the expenses, so as aforesaid to be secured and paid by the petitioning creditor or creditors, shall be repaid to him or them by the commissioners or assignees, out of the first monies arising from the bankrupt's estate or effects, if so much be received therefrom. Bankrupt's esposed of at pubtate may be dis. auction, without paying duty, &c. lic What is to be done if the bankrupt die, pending the proceedings. Commission. ers may demand security for the expenses of the commission. District judge pensation to the commissioners. SEC. 47. And be it further enacted, That the district judges, in each district respectively, shall fix a rate of allowance to be made to the to fix the comcommissioners of bankruptcy, as compensation of services to be rendered under the commission, and it shall be lawful for any creditor, by petition to the district judge, to except to any charge contained in the account of the commissioners: and the said judge, after hearing the commissioners, may in a summary way decide upon the validity of such exception. SEC. 48. And be it further enacted, That all penalties given by this Property coming to the bank rupt, before he obtains a certificate, to be vested in the commissioners. Proceedings of the commisfiled in the of fice of the clerk of the district, sioners to be &c. Creditors may attend the examinations of the bankrupt and the allowance of the certificate. act for the benefit of the creditors, shall be recovered by the assignee or assignees by action of debt, and the money so recovered, the charges of suit being deducted, shall be distributed towards payment of the creditors. SEC. 49. And be it further enacted, That if any action shall be brought against any commissioner, or assignee, or other person, having authority under the commission, for any thing done or performed by force of this act, the defendant may plead the general issue, and give this act and the special matter in evidence; and in case of a nonsuit, discontinuance, or verdict or judgment for him, he shall recover double costs. SEC. 50. And be it further enacted, That if any estate real or personal shall descend, revert to, or become vested in any person, after he or she shall be declared a bankrupt, and before he or she shall obtain a certificate, signed by the judge as aforesaid, all such estate shall, by virtue of this act, be vested in the said commissioners, and shall be by them assigned and conveyed to the assignee or assignees in fee simple, or otherwise, in like manner as above directed, with the estate of the said bankrupt, at the time of the bankruptcy, and the proceeds thereof shall be divided among the creditors. SEC. 51. And be it further enacted, That the said commissioners shall, once in every year, carefully file, in the clerk's office of the district court, all the proceedings had in every case before them, and which shall have been finished, including the commissions, examinations, dividends, entries, and other determinations of the said commissioners, in which office, the final certificate of the said bankrupt may also be recorded; all which proceedings shall remain of record in the said office, and certified copies thereof shall be admitted as evidence in all courts, in like manner as the copies of the proceedings of the said district court are admitted in other cases. SEC. 52. And be it further enacted, That it shall and may be lawful for creditor of such bankrupt, to attend all or any of the examinaany tions of said bankrupt, and the allowance of the final certificate, if he shall think proper, and then and there to propose interrogatories, to be put by the judge or commissioners to the said bankrupt and others, and also to produce and examine witnesses and documents before such judge or commissioners, relative to the subject matter before them. And in case either the bankrupt or creditor shall think him or herself aggrieved by the determination of the said judge or commissioners, relative to Trial by jury any material fact, in the commencement or progress of the said proceedmay be had in relation to cerings, or in the allowance of the certificate aforesaid, it shall and may be tain facts. lawful for either party to petition the said judge, setting forth such facts and the determination thereon, with the complaint of the party, and a prayer for trial by a jury to determine the same, and the said judge shall, in his discretion, make order thereon, and award a venire facias to the marshal of the district, returnable within fifteen days before him, for the trial of the facts mentioned in the said petition, notice whereof shall be given to the commissioners and creditors concerned in the same; at which time the said trial shall be had, unless, on good cause shown, the judge shall give farther time, and judgment being entered on the verdict of the jury, shall be final, on the said facts, and the judge or commissioners shall proceed agreeably thereto. Allowance to the bankrupt, pending the proceedings. Creditors may direct where SEC. 53. And be it further enacted, That the commissioners before the appointment of assignees, and the assignees after such appointment, may, from time to time, make such allowance out of the bankrupt's estate until he shall have obtained his final discharge, as in their opinion may be requisite for the necessary support of the said bankrupt and his family. SEC. 54. And be it further enacted, That it shall be lawful for the major part in value of the creditors, before they, proceed to the choice of assignees, to direct in what manner, with whom, and where the the money shall monies arising by, and to be received from time to time out of the bank- be deposited. rupt's estate, shall be lodged, until the same shall be divided among the creditors, as herein provided; to which direction every such assignee and assignees shall conform as often as three hundred dollars shall be received. SEC. 55. And be it further enacted, That every matter and thing by this act, required to be done by the commissioners of any bankrupt, shall be valid to all intents and purposes, if performed by a majority of them. SEC. 56. And be it further enacted, That in all cases where the assignees shall prosecute any debtor of the bankrupt for any debt, duty or demand, the commission, or a certified copy thereof, and the assignment of the commissioners of the bankrupt's estate, shall be conclusive evidence of the issuing the commission, and of the person named therein, being a trader and bankrupt, at the time mentioned therein. SEC. 57. And be it further enacted, That every person obtaining a discharge from his debts, by certificate as aforesaid, granted under a commission of bankruptcy, shall not, on any future commission, be entitled to any other certificate than a discharge of his person only; unless the nett proceeds of the estate and effects of such person so becoming bankrupt a second time, shall be sufficient to pay seventy-five per cent. to his or her creditors on the amount of their debts respectively. SEC. 58. And be it further enacted, That any creditor of a person, against whom a commission of bankruptcy shall have been sued forth, and who shall lay his claim before the commissioners appointed in pursuance of this act, may at the same time declare his unwillingness to submit the same to the judgment of the said commissioners, and his wish that a jury may be impanneled to decide thereon: And in like manner the assignee or assignees of such bankrupt may object to the consideration of any particular claim by the commissioners, and require that the same should be referred to a jury. In either case, such objection and request shall be entered on the books of the commissioners, and thereupon an issue shall be made up between the parties, and a jury shall be impanneled, as in other cases, to try the same in the circuit court for the district in which such bankrupt has usually resided. The verdict of such jury shall be subject to the control of the court, as in suits originally instituted in the said court, and when rendered, if not set aside by the court, shall be certified to the commissioners, and shall ascertain the amount of any such claim, and such creditor or creditors shall be considered in all respects as having proved their debts under the commission. SEC. 59. And be it further enacted, That the lands and effects of any person becoming bankrupt may be sold on such credit, and on such security, as a major part in value of the creditors may direct: Provided, nothing herein contained shall be allowed so to operate, as to retard the granting the bankrupt's certificate. SEC. 60. And be it further enacted, That if any person becoming bankrupt, shall be in prison, it shall be lawful for any creditor or creditors, at whose suit he or she shall be in execution, to discharge him or her from custody, or if such creditor or creditors shall refuse to do so, the prisoner may petition the commissioners, to liberate him or her, and thereupon, if, in the opinion of the commissioners, the conduct of such bankrupt shall have been fair, so as to entitle him or her in their opinion, to a certificate, when by law such certificate might be given, it shall be lawful for them to direct the discharge of such prisoner, and to enter the same in their books, which being notified to the keeper of the gaol in which such prisoner may be confined, shall be a sufficient authority for his or her discharge: Provided, that in either case, such dis Majority of the commissioners may act. How far this the insolvent Jaws of the states. charge shall be no bar to another execution, if a certificate shall be refused to such bankrupt: And provided also, that it shall be no bar to a subsequent imprisonment of such bankrupt by order of the commissioners, in conformity with the provisions of this act. SEC. 61. And be it further enacted, That this act shall not repeal or act shall affect annul, or be construed to repeal or annul the laws of any state now in force, or which may be hereafter enacted, for the relief of insolvent debtors, except so far as the same may respect persons, who are, or may be clearly within the purview of this act, and whose debts shall amount in the cases specified in the second section thereof to the sums therein mentioned. And if any person within the purview of this act, shall be imprisoned for the space of three months, for any debt, or upon any contract, unless the creditors of such prisoner shall proceed to prosecute a commission of bankruptcy against him or her, agreeably to the provisions of this act, such debtor may and shall be entitled to relief, under any such laws for the relief of insolvent debtors, this act notwithstanding. SEC. 62. And be it further enacted, That nothing contained in this law shall, in any manner, effect the right of preference to prior satisfaction of debts due to the United States as secured or provided by any law heretofore passed, nor shall be construed to lessen or impair any right to, or security for, money due to the United States or to any of them. Saving of the rights of the U. States and of each state as to their debts. Saving of existing liens. Limitation of this act. STATUTE I. April 5, 1800. Repealed by Act of Nov. 25, 1803, ch. 5. Vol. i. 627. STATUTE I. April 12, 1800. [Obsolete.] Act of Feb. 16, 1792, ch. 6. Acts,fchune 19, 1813, ch. 2. Continuation of the act for ten years. SEC. 63. And be it further enacted, That nothing contained in this act, shall be taken, or construed to invalidate, or impair any lien existing at the date of this act, upon the lands or chattels of any person who may have become a bankrupt. SEC. 64. And be it further enacted, That this act shall continue in force during the term of five years, and from thence to the end of the next session of Congress thereafter, and no longer: Provided, that the expiration of this act shall not prevent the complete execution of any commission which may have been previously thereto issued. APPROVED, April 4, 1800. CHAP. XXI.-An Act to allow a drawback of duties on goods exported to New Orleans, and therein lo amend the act intituled “An act to regulate the collection of duties on imports and tonnage.” Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any goods, wares or merchandise, which shall be exported from the United States, after the tenth day of April current, in the manner prescribed by law, to the port of New Orleans, on the river Mississippi, shall be deemed and taken to be entitled to such drawbacks of duties as would be allowable thereon, when exported to any other foreign port or place, any thing in the act intituled "An act to regulate the collection of duties on imports and tonnage," to the contrary hereof notwithstanding. APPROVED, April 5, 1800. CHAP. XXII.-An Act to continue in force "An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein," and for other purposes as therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act intituled "An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein," shall be in force, and is hereby continued for the term of ten years, from the third day of March, one thousand eight hundred, and until the end of the session of Congress next ensuing the expiration of that term, any thing in the ninth section of the said act to the contrary hereof notwithstanding. SEC. 2. And be it further enacted, That the additional allowances which were by the sixth section of the act, intituled, "An act for raising a further sum of money for the protection of the frontiers, and for other purposes therein mentioned," and by the second section of the act, intituled, "An act laying an additional duty on salt, and for other purposes,' respectively granted to ships or vessels employed in the bank and other cod fisheries, shall be continued to the ships and vessels, respectively, which shall be so employed, in the terms and according to the intent of the said first mentioned act, for and during the further continuance thereof, as aforesaid: Provided, that the said allowances shall not be understood to be continued for a longer time than the correspondent duties respectively, for which the said additional allowances were granted, shall be payable. APPROVED, April 12, 1800. CHAP. XXIII.-An Act to alter the form of certain oaths and affirmations directed to be taken by the act intituled "An act providing for the second census or enumeration of the inhabitants of the United States."" (or the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the first section of the act passed during the present session of Congress, intituled "An act providing for the second census or enumeration of the inhabitants of the United States," as relates to the form of the oaths or affirmations thereby directed to be taken by the marshals, secretaries, and assistants therein mentioned respectively, shall be, and hereby is repealed, and that the said oaths or affirmations shall be in the following form; that is to say: the marshals and secretaries' oath or affirmation in the form following: "I, A. B. marshal of the district of secretary of the territory of as the case may be) do solemnly swear or affirm, that I will well and truly cause to be made a just and perfect enumeration and description of the persons resident within my district (or within the territory of as the case may be) and will return the same to the Secretary of State agreeably to the directions of an act of Congress, intituled 'An act providing for the second census or enumeration of the inhabitants of the United States,' according to the best of my ability." And the assistants' oath or affirmation in the form following: I, A. B. do solemnly swear (or affirm) that I will make a just and perfect enumeration and description of all persons resident within the division assigned to me by the marshal of the district of (or the secretary of the territory of as the case may be) and make due return thereof to the said marshal (or secretary) agreeably to the directions of an act of Congress, intituled "An act providing for the second census or enumeration of the inhabitants of the United States," according to the best of my ability. APPROVED, April 12, 1800. Continuation of certain allow. STATUTE I. April 12, 1800. [Obsolete.] Act of Feb. 28, 1800, ch. 12. STATUTE I. CHAP. XXV.-An Act to extend the privilege of obtaining patents for useful dis- April 17, 1800. coveries and inventions, to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees.(a) SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all and (a) See act of February 21, 1793, chap. 11. D [Repealed.] Aliens having resided two years within the |