The Insolvent Laws of Massachusetts

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Excerpt from The Insolvent Laws of Massachusetts: With Notes of DecisionsThe original statute out of which has grown the present system of in solvent laws, went into operation from and alter the first day of August, 1838. The bankrupt law. Of 1841 went into operation in February, 1842. Its effect was to suspend the operation of the insolvent laws during that period, so far that no proceedings could be instituted under them, by or against debtors within the purview of the bankrupt law. Ea: parte Eames, 2 Story, 322, Griswold v. Pratt, 9 Met. 16, Judd v. Ives, 4 Met. 401.But the bankrupt law did not supersede or suspend proceedings right fully commenced under the insolvent laws, notice of the issuing of the warrant having been published before the former went into Operation. Judd v. Ives, 4 Met. 401.So the insolvent laws repealed by implication the assignment law of 1836, c. 238, so far as the two statutes affected the same class of persons, but no further. Carter v. Sibley, 4 Met. 298, Wyles v. Beals, 1 Gray, 233, Edwards v. Mitchell, 1 Gray, 239.The insolvent laws, except 20 of the act of 1838, were suspended by statute, March 3, 1842, c. 71, while the bankrupt law should continue in force. And the bankrupt law was repealed, March 3, 1843. The assign ment law, St. 1836, c. 238, was repealed by St. 1856, c. 163.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.