CHAPTER XXIII.

SOLE TRADERS.

A married woman may become a sole trader by the judgment of the Probate Court of the county in which she has resided for six months next preceding the application.

A person intending to make application to become a sole trader must publish notice of such intention in a newspaper published in the county, or if there be none, then in a newspaper published in an adjoining county, for four successive weeks.

The notice must specify the term and the day upon which application will be made, the nature and place of the business proposed to be conducted by her, and the name of her husband.

Ten days prior to the day named in the notice, the applicant must file a verified petition, setting forth—

1. That the application is made in good faith, to enable the applicant to support herself, and others dependent upon her, giving their names and relation.

2. The fact of insufficient support from her husband, and the causes thereof, if known.

3. Any other grounds for application, which are good causes for a divorce, with the reason why a divorce is not sought; and,

4. The nature of the business proposed to be conducted, and the capital to be invested therein, if any, and the sources from which it is derived.

The applicant may invest in the business proposed to be conducted a sum derived from the community property or of the separate property of the husband, not exceeding five hundred dollars.

Any creditor of the husband may oppose the application by filing in the Court (prior to the day named in the notice) a written opposition, verified, containing either:

1. A specific denial of the truth of any material allegation of the petition, or setting forth—

2. That the application is made for the purpose of defrauding the opponent; or,

3. That the application is made to prevent, or will prevent him from collecting his debt.

Issues of fact may be tried as in other cases. If the facts found sustain the petition, the Court must render judgment, authorizing the applicant to carry on in her own name and on her own account, the business specified in the notice and petition.

The sole trader must make and file with the Clerk of the Court an affidavit, in the following form:

"I, A. B., do, in presence of Almighty God, solemnly swear that this application was made in good faith, for the purpose of enabling me to support myself, (and any dependent, such as husband, parent, sister, child, or the like, naming them, if any) and not with any view to defraud, delay or hinder any creditor or creditors of my husband; and that, of the moneys so to be used by me in business, not over five hundred dollars have come, either directly or indirectly from my husband ; so help me God."

A certified copy of the decree, with this oath endorsed thereon, must be recorded in the office of the Recorder of the county where the business is to be carried on.

A married woman who is adjudged a sole trader is responsible and liable for the maintenance of her minor children.

The husband of a sole trader is not liable for any debt contracted by her in the course of her sole trader's business, unless contracted upon his written consent.

CHAPTER XXIV.

INSOLVENT DEBTORS.

Every insolvent debtor may be discharged from his debts upon executing an assignment of all his property, real, personal or mixed, for the benefit of all his creditors; provided, said assignment shall be made bona fide and without fraud.

The District Court only has jurisdiction in insolvent cases. The debtor must petition the Judge having jurisdiction within the place of his residence; to his petition must be annexed his schedule, signed by himself, and by him sworn to before the said Judge in the following words, to wit:

"I, A B, do, in the presence of Almighty God, truly and solemnly swear, that the schedule now delivered by me doth contain a full, perfect and true discovery of all the estate, real and personal, and mixed goods and effects to me in any way belonging; all such debts as are to me owing, or to any person or persons in trust for me; and all securities and contracts, whereby any money may hereafter become payable, or any benefit or advantage accrue to me, or to my use, or to any person or persons in trust for me; that I have no lands, money, stock or estate, reversion or expectancy, besides that set forth in my schedule; that I have, in no instance, created or acknowledged a debt for a greater sum than I honestly and truly owed; that I have not, directly nor indirectly, sold or otherwise disposed of in trust or concealed any part of my property, effects or contracts; that I have not, in any way, compounded with my creditors, whereby to secure the same, or to receive or to expect any profit or advantage therefrom, or to defraud or deceive any creditor to whom I am indebted in any manner whatsoever, so help me God."

The Judge will set apart all real and personal property exempt from execution to the use of the insolvent debtor and his family.

The Judge receiving said petition, schedule and affidavit, shall make an order requiring all creditors of such insolvent to show

cause, if any they have, why an assignment of the insolvent's estate should not be made and he be discharged from his debts; and shall direct the Clerk to issue a notice calling the creditors of insolvent to be and appear upon a specified day, not less than thirty, nor more than forty days from first publication, before said Judge, either at chambers or in open Court, as such Judge shall order, to show cause why the prayer of the insolvent should not be granted. Said notice must be published in the county newspaper, not less than thirty days; if no county paper, then in adjoining county.

When issuing order for meeting of creditors, the Judge shall order all proceedings against the debtor stayed, except proceedings for foreclosure of mortgage or other liens, or of attaching creditors.

At the meeting of creditors, one or more assignees, not exceeding three, may be appointed by a majority, in sums or in claims, of the creditors, who have certified on oath that their claims are legitimate and true.

If the creditors fail to meet, or having met, fail to appoint an assignee, the Judge shall authorize the Sheriff of the county to perform the functions of assignee, unless one of the creditors shall agree to act as assignee; in that case the Judge shall appoint such creditor.

All sales of property of an insolvent debtor by the assignee, shall be at public auction to the highest and best bidder for cash, after three weeks' notice in newspaper; provided, if property is perishable, it may be sold on seven days' notice after the appointment of assignees; any one of the creditors may oppose it, on the ground of fraud of the insolvent debtor; or, that assignees were not legally appointed. His written opposition must be filed with the Court within ten days after such appointment; the facts shall be tried by a jury of not less than six men. If the jury find the insolvent debtor guilty of fraud, he shall forever be deprived of the benefits of the laws passed for the relief of insolvent debtors in this Territory; shall forever be deemed incapable of holding any office of trust or profit under the government of this Territory; shall moreover be liable to be prosecuted and punished as a perjurer, if he should be convicted of having foresworn himself in any of the declarations he may have made, agreeable to the provisions of this Act; and if convicted of fraud, he shall be sentenced by the Court to suffer imprisonment, at hard labor, in the Territorial prison, for a term not less than six months nor more than two years..

FRAUDULENT BANKRUPTS ARE

All persons who shall be convicted of having concealed their property, with the intention to keep it from their creditors; all who shall be convicted of having concealed or altered their books or papers, with the same intention; all who shall be convicted of having passed sham deeds for the purpose of conveying the whole or any part of his property and depriving his creditors thereof; or of having knowingly omitted to declare any of his property rights or claims in his schedule; or of having purloined his books or any of them; or of having altered, changed, or made them anew to an intent to defraud his creditors; or of having alienated, mortgaged or pledged any of his property; or of having committed any other kind of fraud to the prejudice of his creditors, shall be considered a fraudulent bankrupt.

WHO DEBARRED THE BENEFITS OF THIS ACT.

Any debtor who shall be convicted of having at any time within three months next preceding his failure, sold, engaged or mortgaged any of his goods and effects, or of having otherwise assigned, transferred or disposed of the same or any part thereof, or confessed judgment in order to give a preference to one or more of his creditors over the others, whereby to receive any advantage in anticipation of his failure, to the prejudice of his creditors.

All debtors owing or accountable in any manner for public funds or property of whatever nature or kind; all unfaithful depositories; all such as refuse or neglect to pay up all funds received by them as bankers, brokers, commission merchants, or for money, goods or effects received by them in a fiduciary capacity, shall be denied the benefits of this act.

If after the presentation of his petition the insolvent shall sell, or in any manner transfer or assign any of his property, or collect any debts due him, and shall not give a just and correct account of the property so sold or transferred, and the moneys so collected, and pay the same over to the assignees within ten days of their appointment, said debtor shall not receive the benefit of the act.

Whenever any insolvent debtor has had the benefit of this act, if thereafter, at any time, it is made to appear that he has concealed