1st, That since the debt was contracted, or the cause of action accrued, the debtor has fraudulently concealed or disposed of some part of his estate, with design to secure it to his own use, or to defraud his creditors; or,

2d, That since the debt was contracted, &c., he has hazarded and paid money or property to the value of one hundred dollars or more at gaming; or,

3d, That he has wilfully expended his estate for the purpose of enabling himself to take the oath; or,

4th, That he contracted the debt with an intention not to pay it.

TRUSTEE PROCESS ON FOREIGN ATTACHMENT.

Every person having any goods, effects, or credits of a debtor intrusted to them, or deposited in their hands or possession, may be summoned as the trustee of such debtor, and such goods, effects, or credits, will be held to respond to the judgment in the suit, precisely as if attached by the ordinary process. Whether the person so summoned be trustee or not, is determined by his own answer, under oath.

It is, however, expressly provided that no person shall be adjudged a

trustee

1st. By reason of having drawn, accepted, made, or endorsed any nego tiable bill, draft, note, or other security.

2d. By reason of money, or any other thing collected by him as a sheriff or other officer, upon execution or other process, in favor of the principal defendant.

3d. By reason of any money in his hands as a public officer, and for which he is accountable, as such officer, to the principal defendant.

4th. By reason of any money or other thing due from him to the prin cipal defendant, unless the same is due absolutely, and not upon any contingency.

5th. By reason of any debt due from him on a judgment, so long as he is liable to an execution on the judgment.

INSOLVENT LAW.

This law took effect on the 1st day of August, 1838. Its object is to provide for the discharge of an honest debtor from his liabilities, upon his making an entire surrender of his property for the benefit of his creditors.

By the law, as originally passed, any person owing five hundred dollars, which he was unable to pay and satisfy in full, might avail himself of the privileges of the act; and by an amendment, which went into operation on the 18th of April, 1841, its privileges were extended to persons owing two hundred dollars.

KINDS OF INSOLVENCY.

An insolvency may be either voluntary, upon the petition of the debtor himself, or compulsory, upon a petition by any creditor having a demand of one hundred dollars, provable against the debtor's estate; which petition must set forth, either,

1st, That the debtor has been arrested on mesne process, on a demand of one hundred dollars or upwards, provable against his estate, and that he did not give bail according to law before the return day of said process; or,

2d, That he has actually been in prison for more than thirty days, either on mesne process, or execution issuing upon a debt of one hundred dollars or upwards, provable as aforesaid; or,

3d, That his goods or estate have been attached on mesne process, for a debt of one hundred dollars or upwards, provable as aforesaid, and that he did not give bond with sufficient sureties, before the end of the term at which such process was returnable, to pay the plaintiff such sum as he might recover against him, within thirty days after final judgment.

EFFECT OF PETITION.

If the facts set forth in the petition, whether of the debtor or creditor, appear to the master in chancery, or judge of probate, to be true, such master or judge forthwith issues his warrant, commanding some person to take possession of all the property of the debtor, (except such as is by law exempt from attachment,) and to give public notice of the issuing of the warrant, and also of the time and place for the first meeting of the credit. ors, for the purpose of proving their debts, and making choice of an assignee. From the first publication of the warrant, all control by the debtor over his property is taken entirely away.

CHOICE OF ASSIGNEE.

The choice is to be made at the first meeting, by the greater part in value of the creditors according to the debts then proved-provided, that when there are as many as five creditors, and less than ten, two votes shall be required to elect the assignee; and if there are ten or more creditors present, three votes. If no choice is made, the master appoints the assignee.

THE ASSIGNMENT

Vests in the assignee all the property of the debtor, real and personal, which he could have lawfully sold, assigned, or conveyed, "at the time of the first publication of the notice of issuing the warrant," and also all debts due the debtor, and all liens, securities, rights of action, rights of redemp tion, &c; in short, puts the assignee precisely in the condition occupied by the debtor himself before the assignment, as to all his property and

estate.

DUTY OF ASSIGNEE.

Thereupon, it becomes the duty of the assignee to convert the estate of the debtor into money, and collect the debts due it, as soon as he reasonably may, and after deducting the fees of the master, messenger, and clerk, and his own reasonable compensation, distribute the balance, upon the order of the master, to those creditors who have proved their claims.

DEBTS PROVABLE.

1st. All debts due and payable from the debtor, at the date of the first publication of the notice of issuing the warrant.

2d. All debts then due, though not then payable, with a rebate or deduction of interest, in case interest be not payable until the debt becomes

So.

3d. All moneys due on any bottomry or respendentia bond or policy of insurance, in case the contingency or loss should happen before payment of the first dividend.

4th. If any debtor has made or endorsed any bill or note, or if any person has paid any sum for him as endorser or surety, after the first publication of the notice and before the payment of the first dividend, such

debt may be proved precisely as if due and payable previous to such first. publication.

5th. All demands against the debtor for any goods or chattels wrong. fully taken or withheld by him.

MEETINGS OF CREDITORS.

The first meeting is called by the messenger, in his notice of the insolvency, and must be not less than ten nor more than thirty days after the issuing of the warrant. At this meeting the assignee or assignees must be chosen.

At

The second meeting is called by the assignee, on the order of the mas ter, and must be within three months after the issuing of the warrant. this meeting, the debtor, if entitled, may take the oath and receive his discharge.

The third meeting must be within six months from the appointment of the assignee, at which he submits his account, and a dividend of the balance in his hands is ordered by the master among the creditors who have proved their claims.

The fourth meeting is called by the assignees, on the order of the master, and must be within eighteen months after their appointment. At this meeting the remainder of the estate (if any) is distributed. And the dividend is final, unless any suit relating to the estate, or some part of the estate be outstanding, or some further property come to the possession of the assignee; in either of which cases further dividends may be made.

SECURED Debts.

Any creditor who has a lien or mortgage upon the property of the debtor, may cause the same to be sold, and the proceeds applied to his debt, so far as they will go, and may prove the balance against the debtor's estate, or he may give up the property and prove his whole claim, or he may retain the property without a sale in full satisfaction of the debt.

PREFERRED CREDITORS.

But it is provided by the amendment passed at the last session of our legislature, that all mortgages, liens, sales, and transfers of any part of his property, made by the debtor within six months previous to the filing of the petition by or against him, with design to prefer any creditor, shall be void, provided the debtor were then actually insolvent or contemplated insolvency, and provided the creditor had reasonable cause to believe him insolvent; and the assignee may recover such property or the value of it from such preferred creditor, and the debtor shall not receive his discharge, or if he do, it shall be void.

EFFECT OF DISCHARGE.

If the master in chancery is satisfied that the debtor has given up all his property, and made a full disclosure of his affairs, and conformed himself fully to the provisions of the act, and no legal objection is offered, a certificate is thereupon given to the debtor, signed by the master, which certifies that such debtor is absolutely and wholly discharged from all his debts which have been or shall be proved against his estate; and from all debts which are provable under the act, and founded on any contract made or to be performed within this commonwealth, and made since August 1, 1838; and from all debts provable as aforesaid, and founded on any con

tract made since August 1, 1833, and due to persons who were resident within this commonwealth at the date of the first publication of the notice of the insolvency; and from all demands for or on account of any goods or chattels wrongfully taken or withheld by the debtor; and also, from arrest or imprisonment in any suit, or on any proceeding for or on account of any debt which might have been proved against his estate.

OBJECTION TO THE DISCHARGE.

The master is bound to refuse the discharge, if one half in number or value of the creditors, who are creditors respectively for not less than fifty dollars, and who have proved their debts, shall signify under their hands their dissent to such discharge. In this case the debtor may appeal to the supreme judicial court, who will grant him his discharge, if, on investigation, he be entitled to it.

PARTNERS, ENdorsers, or sureties,

Are not discharged by a discharge of the debtor.

The certificate granted to the debtor is rendered void if he shall have wilfully sworn falsely to any material point in the course of the proceedings; or made any fraudulent concealment of property or papers; or, in contemplation of insolvency, preferred any creditor; and such preferred creditor, if he knew of the insolvency of the debtor, is not allowed to prove any portion of his debt against the estate.

DEBTS FOR LABOR PRIVILEGED.

Any person who has performed labor as an operative for the insolvent, within sixty-five days of his insolvency, is entitled to payment in full, to the amount of twenty-five dollars, provided there is sufficient estate after payment of debts due the United States and the Commonwealth.

PROMISSORY NOTE.

In order to charge the endorser of a promissory note payable on demand, a demand must be made upon the promiser within sixty days from the date of the note, without grace, and due notice must be given to the endorser; and such note is held to be a dishonored note after sixty days from its date.

THE BOOK TRADE.

1-A Memoir of the Very Reverend Theobold Mathew; with on account of the Rise and Progress of Temperance in Ireland. By the Reverend JAMES BERMINGHAM, of Borisokane. Edited by P. H. Morris, M. D., and by whom is added the Evil Effects of Drunkenness-Physiologically Explained. New York: Alexander V. Blake. 12mo. 216. 1841.

We have the testimony of Father Mathew, the Apostle of Temperance, that Mr. Bermingham has, in this volume, presented a correct and faithful detail of the progress of the temperance reform in Ireland. The essay appended to the American edition greatly enhances its value. If the duty of temperance be imperative on men in other pursuits, it is particularly so on the merchant, since an undue excitement, such as that produced by stimulating liquors, may, in some particular emergencies, be attended by very serious consequences. Many an imprudent contract, formed under the enlivening and hope-exciting influence of a glass of champaign, has occasioned losses which required years of toil to repair.

2.-Miscellanies of Literature. By J. D'ISRAELI, Esq., author of "Curiosities of Literature;" a new edition, revised and corrected by the author. 3 vols. J. & H. G. Langley, New York. 1841.

Few writers of the present age have contributed more largely to the stock of our common literature, or rendered more essential service to its interests, than D'Israeli, while none may be said to have labored so industriously in the fields of historical research, or accumulated such an amount of materiel for reflection, interest, and instruction. To a zealous enthusiasm and energy of character, equalled only by his untiring perseverance throughout a long life devoted to literary pursuits, he has united a richness and vigor of style, which, for its elaborate finish and excellence, may be regarded as among the most elegant to be found in our language. To those, at least, who may be familiar with his former production, "The Curiosities of Literature," our high estimate of this author will not be deemed unmerited; and there is no other work of its class with which we are acquainted, possessing more intrinsic value than that under review. It forms a complete text book on all matters connected with the secret history of literature and literary men; discoursing, as it does, on the eccentricities of their genius, their peculiarities of temperament, their infirmities and calamities, as well as their distinguished excellences and characteristic greatness. The subjects of which it treats, therefore, are of a class the most interesting of any that can court our observation or enlist our sympathies. The study of the characters of the men of genius, existing as they have ever done, apart from the rest of mankind, peculiar in their habits, tastes, and feelings, and surrounded as it were by an ideal world of their own peopling, they exhibit phenomena which must ever be regarded with a peculiar and exciting interest. The immense collection of historical and characteristic anecdote comprised in these delightful volumes, could only have been the product of a mind imbued with an ardent passion for literature, and of one who must in an extraordinary degree have given diligent investigation of the past. While, however, the writings of D'Israeli possess great value in their vast collection of curious historical illustration, they acquire additional excellence in the philosophical reflection and deep poetical feeling with which they are invested. This is espe cially true with respect to the volumes before us, and which are now for the first time republished in this country. Such works as these, to those whose minds have not become vitiated by the diseased taste for the mawkish sentimentalism of our modern novelists, they must come with a peculiar charm. Our author has thus supplied a desideratum in English literature, which has been as much needed as it is valuable and important. For our own part, we would rather be closeted with the volumes of this amusing and instructive writer than any other, for his variety of anecdote, united with his critical acumen, is imparted to us in a manner so felicitous and delightful, and at the same time with such a raciness, freshness, and power, that we become perfectly enchanted. In a word, it is a work that enchains you from beginning to end, in the perusal of which you feel reluctant to pause, till you find yourself compelled by the unwelcome "finis.”

3.—The Principles and Practice of Bookkeeping; embracing an entirely new and improved method of imparting the science: with exemplifications of the most concise and approved forms of arranging merchants' accounts. By THOMAS JONES, Accountant, Principal of the New York Commercial Academy. New York: Wiley & Putnam. 8vo. pp. 140. 1841.

Mr. Jones is unquestionably one of our most popular and talented accountants, and he appears to have laid down in this treatise nothing but what has withstood the test of long experience. He is quite confident that the student who faithfully performs the exercises according to the order marked out, will acquire a knowledge of the subject, such as is seldom possessed even by those who are deemed proficient. We shall probably have occasion hereafter to speak of this work in more decided terms.