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Description and Holding Information
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Commissioners on Insolvency and Imprisonment for Debt. Report, 1831
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SEE ALSO 52183, 52196, 52251, 52255 Senate No. 5 Message of his Excellency, the Governor, to the two branches of the Legislature May 31, 1831,
transmitting the report of the Commissioners [three men] on insolvency and imprisonment for debt, together with the said report and a bill for the relief
of insolvent debtors and the more equitable distribution of their effects. Boston : Dutton & Wentworth, printers to the state, 1831. The bill
presented an overhaul of the entire system designed to solve a vexing problem of many years duration. It was laborious and thorough. The report, from page
6-57, gives a section by section explanation of the text and the Commissioners' reasoning. Section 1 gave the debtor the chance to petition to give up
all his property and have a person to manage his case. The 2nd section set up a meeting of creditors and set a time clock for the proceedings. The
3rd section-5th section described the debts, how they would be proved and assigned. The 6th section required the debtor to deliver all his estate and
a list of creditors. The 7th section shows the form of the debtors oath and the text of the certificate of discharge. One-half of the creditors had
to sign off on the certificate. The 8th section described what happened if the certificate was refused. The 9th section described the examination of
the debtor and possible release from prison if he were confined. In the 10th section, the certificate of discharge could be voided for certain
actions of the debtor. The 11th section defined the duties and powers of the assignees. The 12th and 13th sections discussed the dividends for creditors.
The 14th section appointed a clerk for all the paperwork. The 15th section required a judge to preside at all creditor meetings. The 16th section
defined the allowable fees. The 17th section authorized a Master in Chancery to serve as a judge in place of a Probate judge if one were not available.
The 18th section said the Supreme Judicial Court had jurisdiction of all cases the might arise. The 19th section dealt with recalcitrant debtors.
The 20th section discussed the de mense process. The 21st section showed how to deal with partner bankruptcies. The 22nd section forbid jail for debts
under $50. Dividing an estate among creditors was now an international norm. Next were many sample forms. The bill itself was 28 pages long. An
Act for the relief of insolvent debtors and for the more equal distribution of their effects, 1831. (Digitized from a microfilm copy of title originally
held by the Massachusetts State Library).
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Title:
Message of His Excellency the Governor to the two branches of the Legislature, May 31st : transmitting the report of the Commissioners on Insolvency and Imprisonment for Debt, together with the said report and a bill for the relief of insolvent debtors and the more equal distribution of their effects.
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OCLC Number:
60721165
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Available Volumes
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| Name | Fiche Count | Online | Paper Backup |
| Vol. 1 | | Yes | No |
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