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out of the jurisdiction of the court in which suit is brought, with intent to defraud his creditor or creditors: or

2. That the defendant has property or rights in action, or some interest in any public or corporate stock, money, or evidence of debt, which he unjustly refuses to apply to the payment of such judgment or decree which shall have been rendered against him: or

3. That he has assigned, removed or disposed of or is about to dispose of any of his property, or rights in action, with the intent to defraud his creditor or creditors: or

4. That the defendant fraudulently contracted the debt, or incurred the obligation respecting which suit is brought.

5. Upon such proof being made to the satisfaction of the officer, to whom the application shall be addressed, and upon security being given to the satisfaction of said officer for the costs of said proceedings, by such complainant, the said officer shall issue a warrant in behalf of the people of this state, directed to any sheriff, constable or marshal within the county where such officer shall reside, therein briefly setting forth the complaint, and commanding the officer to whom the same shall be directed, to arrest the person named in such warrant and bring him before such officer without delay; which warrant shall be accompanied by a copy of all affidavits presented to such officer, upon which the warrant issued, which shall be certified by such officer, and shall be delivered to the defendant at the time of serving the warrant by the officer serving the same.

§ 6. The officer to whom such warrant shall be delivered shall execute the same, by arresting the person named therein and bringing him before the officer issuing such warrant, or in case of his absence or inability, to the nearest justice of the peace or magistrate having jurisdiction in the case, and shall keep him in custody, until he shall be duly discharged, or committed, as hereinafter provided.

§ 7. On the appearance of the person so arrested, before an officer, as provided in the foregoing section, he may controvert any of the facts and circumstances on which such warrant issued,

and may, at his option, verify his allegation by his own affidavit, and in case of his so verifying the same, the complainant may examine such defendant on oath or affirmation, as the case may be, touching any fact or circumstance material to the inquiry, and the answers of the defendant on such examination shall be reduced to writing and subscribed by him, and the officer conducting such inquiry shall also receive such other proof as the parties may offer, either at the time of such first appearance, or at such other times as such hearing shall be adjourned to; and in case of such adjournment, such officer shall take a recognizance, with or without surety, at his discretion, from the defendant, for his appearance at the adjourned hearing.

§ 8. The justice of the peace or judge conducting such inquiry shall have the same authority to issue subpoenas for witnesses, and shall have the same power to enforce obedience to such subpoenas, and to punish witnesses refusing to testify, which is now conferred by law in civil cases, in the courts respectively, in which such proceeding originated, and witnesses wilfully disobeying such subpœna, shall be liable to the same penalties as are now prescribed by law in civil proceedings in the said respective courts.

9. If such officer is satisfied that the allegations of the complainant are substantiated, and that the defendant has done or is about to do any one of the acts specified in the fourth section of this act, he shall, by a commitment under his hand, direct that such defendant be committed to the jail of the county in which such hearing shall be had, to be there detained until he shall be discharged according to law, and such defendant, shall be committed and detained accordingly.

§ 10. Such commitment shall not be granted if the defendant

shall either:

1. Pay the debt or demand claimed, with the costs of the suit and proceedings against him; or

2. Give security to the satisfaction of the officer before whom the hearing shall be had, that the debt or demand of the plaintiff, with interest, with the costs of the suit and proceedings aforesaid, shall be paid within three months, if the debt or damage shall not

exceed twenty-five dollars; within six months, if such debt or damage shall be more than twenty-five dollars, and not exceeding fifty dollars; within nine months, if such debt or damage shall be more than fifty dollars, and not exceeding seventy-five dollars; within twelve months, if such debt or damage shall be more than seventy-five dollars, and not exceeding one hundred dollars; and within fifteen months, if such debt or damage shall exceed one hundred dollars

or

3. Enter into a bond to the complainant in a penalty not less than twice the amount of the debt or demand claimed, with such surety or sureties as shall be approved by such officer, conditioned that such defendant will, within thirty days, apply for an assignment of all his property and for a discharge, as provided in the fourth chapter of title seventh, part third, of the revised statutes, and diligently prosecute the same until he obtain such discharge or

4. If such defendant shall give a bond to such plaintiff, in the penalty and with the sureties above prescribed, conditioned that he will not remove any property, which he then has, out of the jurisdiction of the court in which such suit is brought, with the intent to defraud any of his creditors, and that he will not assign or dispose of any such property with such intent, or with a view to give a preference to any creditor for any debt antecedent to such assignment or disposition, until the demand of the plaintiff, with the costs, shall be satisfied, or until the expiration of three months after a final judgment shall be rendered in the suit brought for the recovery of such demand.

§ 11. Any defendant committed as above provided, shall remain in custody in the same manner as other prisoners in criminal process, until a final judgment shall have been rendered in his favor, in the suit prosecuted by the creditor, at whose instance such defendant shall have been committed, or until he shall have assigned his property, and obtained his discharge agreeably to the provisions of either the second, third, or fourth chapters of title seventh, part third of the revised statutes; but such defendant may be discharged by the officer committing him, on such defendant paying the debt or demand claimed, or giving security for the payment

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thereof, as provided in the tenth section of this act, or on his executing either of the bonds mentioned in the said section. No. 48.

Corporations. The voluntary dissolution of corporations is authorized, on the application of the directors or other proper officers, made by petition to the court of chancery. The application must set forth the reasons therefor, accompanied by a statement of the following particulars :

1. A full, just and true inventory of all the estate, both real and personal in law and equity of such corporation, and of all the books, vouchers, and securities relating thereto.

2. A full, just and true account of the capital stock of such corporation, specifying the names of the stockholders, their residences, when known, the number of shares belonging to each, the amount paid in upon such shares respectively, and the amount still due thereon.

3. A statement of all incumbrances on the property of such corporation, by judgment, mortgage, pledge or otherwise.

4. A full and true account of all the creditors of such corporation, and of all engagements entered into by such corporation, which may not have been fully satisfied or cancelled, specifying the place of residence of each creditor, and of every person to whom such engagements were made, if known, and if not known, the fact to be so stated; the sum owing to each creditor, the nature of each debt or demand, and the true cause and consideration of such indebtedness, in each case. No. 56, § 2.

Unclaimed Baggage. The sale of unclaimed baggage and other personal property is regulated by No. 62.

CRITICAL NOTICES.

1.—A full and arranged Digest of the Cases decided in the Supreme, Circuit, and District Courts of the United States, from the organization of the Government of the United States. By RICHARD PETERS, Counsellor at Law, and Reporter of the Decisions of the Supreme Court of the United States. 3 vols. Philadelphia, 1839. Thomas, Cowperthwait & Co.

THE first volume of this digest was noticed in our fortieth number (vol. xx, page 453), since which the work has been completed by the publication of the second and third volumes, and we again take the opportunity of expressing our acknowledgments to Mr. Peters, for his valuable labors. The digest, as now brought to its termination, contains the decisions of the courts of the United States, reported in upwards of sixty-five volumes of reports. Those volumes are Cranch's reports, 9 volumes; Wheaton's reports, 12 volumes; Peters's reports, 13 volumes; Gallison's circuit court reports, 2 volumes; Mason's circuit court reports, 5 volumes; Sumner's circuit court reports, 2 volumes; Paine's reports, 1 volume; Cases decided in the supreme and circuit court, in Dallas's reports, 2 volumes; Washington's circuit court reports, 4 volumes; Peters's circuit court reports, 1 volume; Baldwin's circuit court reports, 1 volume; Peters's admiralty decisions, 2 volumes; Gilpin's district court reports, 1 volume; Brockenborough's reports, 2 volumes; Bee's admiralty reports, 1 volume; Burr's trial, 2 volumes; Cases in Day and Cook's reports, 1 volume; Hall's law journal, 4 volumes.

The amount of labor expended upon such a work can only be

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