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TWENTY-THIRD CONGRESS. Sess. I. Ch. 45. 1834.

Statute I.June 7, 1S34.

Act ofMarch2, 1831, ch. 62,and of July 14,1832, ch. '230,revived.

Consentofle-gal representa-tive of deceasedsurety or co-surety to entitleapplicant to re-lief, &c.

1832, ch. 230.

All dischargesheretoforegranted declar-ed valid.

Secretary ofTreasury maycause satisfac-tion to be en-tered, &c.

Proviso.

Chap. XLY .—An Act to revive and amend “ An act for the relief of certaininsolvent debtors of the United Stales ,” passed on the second day if March,eighteen hundred and thirty-one, and an act in addition thereto, passed on thefourteenth of July, eighteen hundred and thirty-two.

Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That an act, entitled “ An actfor the relief of certain insolvent debtors of the United States, ” passedon the second day of March, eighteen hundred and thirty-one, and an actin addition thereto, passed on the fourteenth day of July, eighteen hun-dred and thirty-two, which said acts expired on the second day of March,eighteen hundred and thirty-four, be, and the same are hereby, revived,and shall continue in force for three years from and after the passage ofthis act.

Sec. 2. And be it further enacted, That if any surety, or co-surety, ofany debtor who is, or shall become, an applicant for relief under the provi-sions of the acts recited in the preceding section of this act, shall be dead,the consent of the legal representative or representatives of such deceasedsurety, or co-surety, shall be received, and entitle the applicantto relief, inlike manner as the consent of a living surety, or co-surety, would do by theprovisions of the third section of the act of the fourteenth of July, eigh-teen hundred and thirty-two; and if the surety, or co-surety, of any suchdebtor shall be absent in parts unknown, or if the consent of the legalrepresentative or representatives of any deceased surety, or co-surety,cannot be obtained, and the property or estate of any such deceased orabsent surety, or co-surety, shall not be sufficient to pay the debt due tothe United States , and the Secretary of the Treasury shall be satisfied byproof of these facts, he shall be authorized, in all such cases, to grantsuch relief or discharge as the debtor applying for the same may be enti-tled to, according to the provisions of the acts which this act is intended torevive and amend, upon the condition that such debtor shall not be dis-charged thereby from his or her legal liability to such absent surety, orco-surety, or to the estate of such deceased debtor, for any part of thedebt due to the United States , which may thereafter be paid by or out ofthe estate of any such absent or deceased surety, or co-surety.

Sec. 3. And be it further enacted, That all discharges which have here-tofore. been granted by the Secretary of the Treasury to any principaldebtor, with the consent of the legal representative or representatives ofany deceased surety, or co-surety, shall be as valid as though such suretyor co-surety had been alive, and his or her consent obtained, accordingto the letter of the third section of the act of the fourteenth of July,eighteen hundred and thirty-two.

Sec. 4. And be it further enacted, That the Secretary of the Treasuryshall be authorized to cause satisfaction to be entered upon all judgmentsagainst such insolvents as have heretofore been, or may hereafter be, re-lieved under the provisions of the acts which this act is intended to reviveand amend; or under any other and former act of Congress for the reliefof persons imprisoned for debts due to the United States : Provided, Thedistrict judge of the district in which such judgments are on record, shallcertify that he is satisfied that the debtor is possessed or entitled to noproperty liable to be applied to the satisfaction of said judgments, andthat the interest of the government does not require that such judgmentsshould remain unsatisfied. In every case of application for such certifi-cate to a judge at his chambers, ten days’ notice shall be given to thedistrict attorney for the district, when the application is made.

Approved, June 7, 1834.