Insolvent Law.

appears to have had no notice of the insolvent condition of the debtor.

Persons imprisoned for fines due to the state, cannot be released under this law.

The insolvent laws of Maryland profess to operate upon all claims, whether the creditors are residents of other states or not, and no matter where the contracts are to be performed; but they are necessarily qualified by the constitution of the United States, and the decisions of the Supreme Court of the United States, declaring the meaning and effect of the constitution. The bankrupt laws of a state, although constitutional in their action upon the rights of citizens of that state, so far as they affect posterior contracts, are unconstitutional when they affect the rights of the citizens of other states. (a)

(a) Frey v. Kirk, 49 & 9, 509; S. P. Cook v. Moffat, 5 How. S. C. R. 295.

The laws of Maryland, which were in force in February, 1801, except so far as they have been repealed by acts of Congress, prevail in the District of Columbia, as at present constituted. (a)

The laws regulating rights have not been materially changed; but the organization of the courts is of course wholly distinct. The judicial power is vested in a Circuit Court, with subordinate tribunals, consisting of one chief judge and two assistant judges, who have all the powers vested by the law in the Circuit Courts of the United States, and the judges thereof. In some respects even it has been held that the power of the Circuit Court of the District of Columbia is more extensive than that of the Circuit Courts of the United States in the several states, to whom the entire judicial power of the United States under the constitution has not been committed. (b)

From the judgment of this court, there lies an appeal in cases where the matter in dispute is of the value of one thousand dol lars and upwards, to the Supreme Court of the United States.

(a) Statutes at Large, ii. 103.

(b) Kendall, Postmaster-General v. The United States. 12 Peters 524.

Interest.-Limitation of Actions.-Administration of Estates.-Bail.

In cases where the debt or demand does not exceed fifty dollars, justices of the peace have jurisdiction.

2. Interest.

Upon all judgments rendered on the common law side of the Circuit Court, upon contracts, interest is to be awarded at the rate of six per cent. on the principal sum due, until the judgment is satisfied. (a) The law of Maryland as to interest has been in no way altered or modified.

3. Limitation of Actions.

The Maryland statute is in force. There is a saving, however, of persons "beyond seas," which was abolished in Maryland in 1819 by an act of the legislature.

4. Administration of Estates.

Estates of deceased persons are administered under the superintendence of an Orphans' Court, upon the general rules and principles which have been stated in the chapter on Maryland.

5. Bail.

No female can be imprisoned upon any civil process; nor any non-resident for a debt contracted out of the District; nor any person in a civil action, where the debt or claim, exclusive of interest and costs, is less than fifty dollars. (b)

No person can be held to bail in any civil suit in the District of Columbia, unless on affidavit filed by the plaintiff or his agent, stating, in cases of debt or contract, the amount which he verily believes to be due, and that the same has been contracted by fraud or false pretences, or through a breach of trust, or that the defendant is concealing or has concealed his property in the District or elsewhere, or is about to remove the same from the District, or place of his residence, in order to evade the payment of the debt, (a) U. S. Statutes at Large, ii. 756. (b) Ib. v. 678.

Execution-Insolvent Law.

or that, being a resident of the District and domiciled therein, is about to abscond without paying the debt, and with a view to avoid the payment of the same, setting forth all the facts on which such allegations of fraud or breach of trust are founded, and the grounds, nature, and particulars of the claim. The sufficiency of this affidavit, and the amount of bail, is to be determined, upon application of the defendant, by the court in term time or a judge in vacation. The affidavit may be filed in all cases previously to issuing the writ. (a)

6. Execution.

No person can be imprisoned upon final process in any civil action, except in cases where he has been held to bail; or where the plaintiff, after judgment has been rendered in his favor, shall make oath according to law, that the defendant has conveyed away, lessened, or disposed of his or her property, rights or credits, or is about to remove, or has removed his or her property from the district, with intent, as the said plaintiff believes, thereby to hinder or delay the recovery or payment of his debt. Where a defendant has been arrested on a ca. sa. issued by reason of this affidavit, he may, on application for a habeas corpus, be brought before one of the judges of the county, and require the plaintiff to establish the truth of his affidavit before a jury impanneled under the direction of such judge, or be discharged. (b)

Upon executions of fieri facias, the goods and chattels, lands and tenements of a debtor may be sold. See this subject treated of in chapter upon Maryland.

7. Insolvent Law.

Any debtor in close confinement within the District at the suit of his creditor, may petition in writing any one of the judges of the Circuit Court for the District of Columbia for relief. The petition must offer to deliver up all the property, real, personal, or mixed to which the debtor is entitled, for the use of his creditors, annexing thereto a schedule of the same, with a list of his creditors, as far as can be ascertained, verified by affidavit. Notice of (b) Ib. 678.

(a) U. S. Statutes at Large, v. 498.

Insolvent Law.

this application, requiring also the presence of the creditors at such time as the judge may direct, is to be published in some newspaper for such period as the judge may think proper. At the time and place designated for the appearance of the creditors, the debtor is to take an oath that he has surrendered all his property, and that he conveyed away or disposed of no portion of the same for his own benefit, or to the injury of his creditors. (a)

Any creditor of an insolvent debtor may, either before the oath of insolvency has been administered, or upon reasonable notice to appear at any time within two years after the application, before any court of the United States, where such debtor may be found, file a written allegation that such debtor has been guilty of fraud or deceit toward his creditors by conveying or disposing of a portion of his property to their injury, or that he has assigned a part of his property with intent to give a preference to one creditor or surety, or that at some one time within twelve months before the application, he has lost more than three hundred dollars by gaming. Whereupon the court, or any one judge of the district, may examine such debtor or any other person upon interrogatories on oath touching the substance of said petition, or may direct an issue to be tried in a summary way, without the form of an action, to determine the truth of the same, and if upon the interrogatories or the trial of the issue, either of the allegations shall be established, the debtor shall be precluded from any benefit under the act.

The judge is to appoint such person as the majority of the creditors may recommend, or in default thereof, as he may select, a trustee for their benefit, who is to give bond and security for the faithful performance of his trust. (b)

The petitioning debtor, upon conveying all his property to such trustee, and delivering up the same with his books and papers, may be discharged from imprisonment, and cannot be subsequently arrested or imprisoned under process sued out on any judgment or decree rendered against him for a debt contracted or becoming due before the period of such discharge. (c)

(a) Statutes at Large, ii. 237.

(b) Ib. ii. 239, 755.

(c) Ib. 239.