To Apportion the Representatives among the several counties of this state, and to divide the state into Senatorial Districts, according to the late Census.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the Representatives in the several counties in this state shall be apportioned at a ratio of twenty hundred and eightysix white inhabitants to a representative, and shall be apportioned between the several counties in this state in the following manner, to wit: The county of Jackson, four; the county of Madison, five; the county of Limestone, four; the county of Lauderdale, three; the county of Morgan, two; the county of Lawrence, three; Franklin, two; Marion and that part of Fayette and Walker taken from Marion, one; St. Clair, two; Shelby, one; Blount, one; Jefferson and that part of Walker taken from Jefferson, three; Tuscaloosa and that part of Walker and Fayette taken from Tuscaloosa, four; Pickens and that part of Fayette taken from Pickens, one; Greene, three; Marengo, one; Perry, two; Dallas, three; Wilcox, one; Autauga, two; Montgomery and that part of Pike taken from Montgomery, three; Butler, one; Henry, Covington and that part of Pike taken from Henry, two; Washington, one; Monroe, two; Conecuh, two; Clarke, one; Baldwin, one; Mobile, one; and Bibb, one.
Sec. 2. And be it further enacted, That the counties of Mobile, Washington and Baldwin shall form one Senatorial district; Pike, Covington and Henry, one; Butler and Conecuh, one; Monroe and Wilcox, one; Clarke and Marengo, one; Greene, one; Montgomery, one; Dallas, one; Bibb and Perry, one; Shelby and Autauga, one; Blount and St. Clair, one; Jefferson, one; Tuscaloosa, one; Pickens, Fayette, Walker and Marion, one; Morgan, one; Franklin, one; Lawrence, one; Lauderdale, one; Limestone, one; Madison, one; and Jackson, one; each of which districts shall have one Senator and no more.
Sec. 3. And be it further enacted, That it shall be lawful for the assessor of taxes for Mobile county to take the returns of all the heads of families, and others who were actual residents of but absent from said county, at the time prescribed by law for taking the census, and to make report thereof to the office of Secretary of State, on or before the first day of May next; and if it shall appear by the return of the said assessor, that the number of white inhabitants, actual residents of said county at the time the census was required by law to be taken and returned, would with the
fraction from Clarke be equal to the ratio hereby established, the county of the said counties, having the largest residuum, shall be entitled to an additional representative, and the Governor shall thereupon issue his proclamation declaring the fact, and a writ of election shall issue, requiring an election to be held for such additional representative, in the said county having the largest residuum as aforesaid; and the said additional representative when elected and returned, shall be a member of the House of Representatives for the said county, and the said county shall be entitled to an additional representative until the next apportionment.
Sec. 4. And be it further enacted, That it shall be the duty of the assessor of Mobile county, in taking all such returns in addition to the oath now required, also, to administer an oath to all persona. thus taken, that they actually resided, and had settled in the county of Mobile prior to the first day of November, 1824, and that they had not been enumerated in any other county in this state.
Sec. 5. And be it further enacted, That the sheriffs of the counties of Washington, Henry, Conecuh, Monroe, Clarke, Perry, Autauga, St. Clair and Fayette, shall be the returning officers for their respective districts; and the sheriffs of other counties of the districts shall make returns to the returning offers within ten days after the Senatorial election, except the sheriffs of the counties of Henry, Covington and Pike, who shall be allowed twenty days.
Sec. 6. And be it further enacted, That all that part of Monroe county comprehended within the following limits, viz. beginning where the range line between one and two east of the basis meridian intersects the township line between five and six, thence south until the said range line first strikes the Tombeckbee river below the mouth of Bassett's creek, thence up the said river to the said township line between five and six as aforesaid; thence east along the said township line to the beginning, shall be added to and hereafter compose a part of Clarke county, so as to make the counties of Clarke and Mobile adjoin the Tombeckbee river.
To prevent the Abatement of Suits at Common Law.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That from and after the passage of this act, where there are two or more plaintiffs or defendants to any suit or suits, in any court in this state, and one or more of them die; if the cause of such action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested, upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs, against the surviving defendant or defendants.
The more effectually to ensure the Testimony of Absent Witnesses by Interrogatories.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That where any witness resides out of any county in which his testimony may be required, in any cause pending before the Circuit or County Court of said county, it shall be lawful for either party in such cause, on giving at least ten days notice to the adverse party, or his, her or their attorney or agent, accompanied with a copy of the interrogatories intended to be exhibited, to obtain a commission from the Clerk of the court in which such cause may be pending, directed to any two or more Justices of the Peace, or to one Justice of the Peace and two respectable citizens of the county where such witness may, reside, to examine such witness or witnesses on oath on such interrogatories as the parties may exhibit, and such examination shall be read at the trial, on motion of either party.
Sec. 2. And be it further enacted, That when such interrogatories shall have been duly executed, they shall be signed by the witness or witnesses and attested by such commissioners and carefully folded in separate paper, and sealed with three separate seals, and directed to the Clerk of the Court from whence they issued.
Sec. 3. And be it further enacted, That the bearer of such interrogatories shall take the following oath, either in open court or before the clerk in the recess of the court, to wit: I, A. B., do solemnly swear (or affirm, as the case may be,) that I received this packet from the commissioners whose names are thereto superscribed, that it has been in my possession ever since, and it has undergone no alteration.
Sec. 4. And be it further enacted, That after the passage of this act, no witness shall be compelled to attend either the Circuit or County Court, except when sitting in the county in which such witness may reside: Provided, nevertheless, That in all cases where either plaintiff or defendant shall make affidavit in open court, or before the clerk of said court where any suit or matter of controversy may be pending, to be filed in the office of such clerk, that he, she or they cannot go safely, or with equal safety, to trial without the benefit of the personal attendance of such witness or witnesses: And provided, further, That the amount in dispute be not less than two hundred dollars, and the distance to be travelled by such witness or witnesses, be not more than fifty miles; and in case such affidavit be made by the party to whom notice and a copy of the interrogatories have been given by the other party, it shall then be made and filed in the office of said clerk within five days after he has received said notice, and copy of interrogatories; then, and in either such case, this act shall cease to operate and have
effect; and the law now in existence, regulating the attendance of witnesses, be in full force and virtue.
Sec. 5. Be it further enacted, That the commission and interrogatories may be returned, and the deposition may be transmitted by mail to any clerk within this state; and that the certificate of the Post Master, or his deputy, at the Postoffice where the same may be deposited for transmission, stating that it was received by him from one of the commissioners, setting forth his name, shall be valid to all legal intents and purposes.
Sec. 6. And be it further enacted, That in all causes where notice of interrogatories is served, the party on whom the same is served, may file in the clerk's office cross interrogatories, which shall be sent on with the commission and original interrogatories.
Sec. 7. And be it further enacted, That in all causes in law or equity, in which depositions are authorized by law to be taken, it shall be the duty of the sheriff of any county in this state, in which the party may reside, who has to be notified of the time and place of taking any deposition or depositions, or on whom notice and copies of interrogatories are required to be served, to deliver a copy of any notice, or interrogatories, put into his hands for service, to the proper person or persons in due time, and to endorse on the notice or interrogatories (as the case may be) delivered to him, the time of delivering such copy, and to return the same to the clerk of the court where the suit is pending: and every sheriff shall be allowed the sum of fifty cents for every copy of a notice, or of interrogatories delivered by him, to be taxed in the bill of costs; and the return of the sheriff shall be proof of notice in such cases.
Sec. 8. And be it further enacted, That it shall not be lawful for the party or parties, their attorneys or agents, in any suit where depositions are taken, to write such depositions or dictate the words in which such depositions shall be written: but that the deponent himself, or one of the commissioners themselves, or some other disinterested person or persons shall, in all cases, write such depositions as nearly as may be, in the very words of the witness deposing; which facts shall, by the certificate of the commissioner or commissioners before whom such depositions are taken and to be thereunto annexed, be made known to the court where the depositions are to be read.
Sec. 9. And be it further enacted, That this act shall take effect, and be in force, from and after the first day of June next.
To amend the Attachment Laws of this state.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That when any person being a nonresident of this
state, be indebted to any person, also a nonresident, either by judgment, note or otherwise, and remove his or her property into, or hold property in this state, which would be subject to attachment for the benefit of a resident of this state, agreeable to the laws of the same, that the same benefit shall be extended to such nonresident as is, by law, secured to persons residing within this state: Provided, That such nonresident shall give good and sufficient security, residing in this state, to be approved by the Judge of the County Court where such property or effects may be, or any of the judges or Clerks of the Circuit Court, payable to the defendant, in double the sum for which the complaint shall be made on oath, conditioned for satisfying all costs which shall be awarded to such defendant, in case the plaintiff shall be cast in suit; and, also, all damages which shall be recovered against the plaintiff in any suit or suits which may be brought against him for wrongfully suing out such attachment; which bond, together with the affidavit of the party complaining, subscribed with his proper name, shall be returned by the officer, taking the same, to the court to which the attachment is returnable; and that all laws and parts of laws contravening the provisions of this act, be, and the same are hereby, repealed.
Sec. 2. Be it further enacted, That, in addition to the oath now required by law, such nonresident plaintiff, his agent, or attorney, before obtaining any such attachment as is authorized by this act, shall swear that the defendant or defendants against whom such attachment is sued out, hath or have not sufficient property within the state, of his or their residence within the knowledge or belief of such nonresident plaintiff, agent, or attorney, (as the case may be,) wherefrom to satisfy such debt or demand.
To abolish the June term of the Supreme Court.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That hereafter the Supreme Court shall hold one session in each year; which shall commence on the second Monday of December, and continue until all business before the same be disposed of.
Sec. 2. And be it further enacted, That all writs of error, or other proceedings, which are, or may be made returnable to the next June term of said Supreme Court, as authorized by the existing laws, shall, at the next December term thereof, have day and be proceeded on in the same manner and with the same effect as if the same had been made returnable to the said last mentioned term: Provided, That nothing herein contained shall be so construed as to prevent the issuing and returning of executions from said court, as now authorized by law for costs.
The better to provide for the punishment of escapes.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the Judges of the Circuit Courts in this state be, and they are hereby required, at each term of the Circuit Court in each and every county, to give particularly in charge to the grand jury, to inquire if any escape has been permitted, either negligently or voluntarily, by any jailor or prison keeper, within their county, and to present the same.
Sec. 2. And be it further enacted, That in all cases of presentment or indictment for escapes, the proof of a legal commitment and the escape shall be sufficient to throw the burthen of proof for exculpation on the defendant.
To repeal part of the Ninth Section of an Act, entitled "An Act to regulate proceedings in Chancery Suits," passed January 1st, 1823.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That so much of the ninth section of an act entitled " An act to regulate proceedings in Chancery suits;" passed January first, eighteen hundred and twentythree, as requires a complainant to cause a copy of his Bill for an Injunction to be served on the defendant, with notice of at least ten days of the time and place when and where he intends to apply for an Injunction, be, and the same is hereby, repealed.
To repeal in part An Act, entitled "An Act to regulate the proceeding in the Courts of Law and Equity in this State," passed December 14, 1819.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That from and after the passage of this act that the thirtysixth section of an act, entitled " An act to regulate the proceedings in the Courts of Law and Equity in this state," passed December the fourteenth, eighteen hundred and nineteen; so far as the same relates to the county of Henry, be, and the same is hereby, repealed.
Regulating proceedings on Penal Bonds.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That in all actions, in any court of record, upon any bond, or on any penal sum, for non-performance of any covenants or agreements, contained in any indenture, deed or writing, the plaintiff or plaintiffs may assign as many breaches as he or they may think fit; and the jury upon trial of such
action or actions, shall assess damages for such of the breaches as the plaintiffs shall prove; and the like judgment shall be entered on such verdict as heretofore has been usually done in such actions.
Sec. 2. And be it further enacted, That if judgment shall be given for the plaintiff on confession for an indefinite sum, or on demurrer, or by nil decit, in any such action, the plaintiff may assign as many breaches as he shall think fit; upon which a jury shall be empannelled at the same term of the court in which judgment has been rendered as aforesaid, to inquire of the truth of those breaches, and to assess the damages the plaintiff shall have sustained thereby.
Sec. 3. Be it further enacted, That in case the defendant, after such judgment and before execution, shall pay into court to the use of the plaintiff the damages assessed, and costs, a stay of execution shall be entered upon the record; of if, by reason of an execution, the plaintiff shall be fully paid all the damages and costs, and the charges of the execution, the defendant's body, lands or goods shall be thereupon forthwith discharged from the execution, which shall likewise be entered upon record; but in each case the judgment shall, notwithstanding, remain as a farther security to answer to the plaintiff such damages as he may sustain by any further breach of covenant contained in the same indenture, deed or writing; upon which the plaintiff may have a scire facias upon the said judgment against the defendant, his heirs, executors or administrators suggesting other breaches of the said covenants or agreements, and to summon him or tem, respectively, to shew cause why execution should not be awarded upon the said judgment; upon which there shall be the like proceeding as was in the action upon the said bond, for assessing of damages upon trial of issue joined upon such breaches, or inquiring thereof upon empannelling a jury in manner aforesaid, and upon payment or satisfaction as aforesaid of such future damages, costs and charges, as aforesaid, all further proceedings on the judgment are again to be stayed, and so toties quoties and the defendants body, land or goods shall be discharged out of execution as aforesaid.
To repeal in part an act therein mentioned; and requiring the plea of set off, or notice thereof in certain cases.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, that so much of an act of the Legislative Council and House of Representatives of the Mississippi Territory, entitled an act concerning defalcation, passed February twenty-eight, one thousand seven hundred and ninety-nine, in force and in use in this state, as permits Defendants under the plea of payment to give any Bond, Bill, Receipt or Account in evidence, be, and the same is hereby, repealed
Sec. 2. And be it further enacted, That in all cases where there are or shall be mutual debts subsisting between the Plaintiff and Defendant, or if either party sue or be sued as Executor or Administrator, where there are mutual debts subsisting between the Testator or Intestate and either party, one debt may be set against the other, either by being pleaded in bar, or given in evidence on the general issue, or notice given of the particular sum intended to be set off, and on what account the same is due, notwithstanding such debts may be deemed in law to be of a different nature; but if either debt arose by reason of a penalty, the sum intended to be set off shall be pleaded in bar, setting forth what is justly due on either side; any law usage or custom to the contrary notwithstanding.
For rendering the decision of civil causes more speedy and less expensive than heretofore.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That when any persons who may have a dispute of what nature soever, shall agree to have the dispute determined by referees, mutually chosen by the parties for the purpose, it shall and may be lawful for the person or persons making the demand in the action, to make out a particular statement thereof, under his or her hands in writing and to lodge the same with some one justice of the peace, of the county in which either of the parties may reside, and the said justice of the peace, on application of the parties for the purpose, shall make out an agreement to be annexed to the aforesaid demand, and to be by them or their lawful agents or attornies subscribed in substance as follows: State of Alabama, ___________ county, Know all men that A.B. of __________ and C. D. of _________ have agreed to submit the demand made by the said A. B. against the said C. D. which is hereunto annexed (and all other demands as the case may be) to the determination of E. F. G. H. and I. K. the report of whom, or the major part of whom, being made as soon as may be, to any court of record of said county (if the amount exceed fifty dollars; if not, to any justice of the peace of said county) judgment thereon to be final: and if either of the parties shall neglect to appear before the referees after the proper notice has been given of the time and place appointed by the referees for hearing the parties in this action, which notice the referees shall be the judges of, they shall then have power to proceed ex-parte. ________________________________________A. B. _______________________________________ C. D.
This day the above named A. B. and C. D. appeared personally before me and acknowledged the above instrument certificate to be their free act. Given under my hand this _______ day of _______18 _______ A. B. justice of the peace.
Sec. 2. Be it further enacted, That in all cases where the amount of the judgment rendered shall exceed fifty dollars, the same shall be returned by the referees, under their hands and seals, to either the county of circuit court of the county in which such justice of the peace may dwell at the time he issued the agreement as aforesaid; and the said court to whom the report of the referees may be made as aforesaid, shall have cognizance thereof in the same manner, and under the same rules, as if the referees had been appointed by a rule of said court.
Sec. 3. Be it further enacted, That in all cases where the amount of the judgment rendered as aforesaid shall be fifty dollars or under, the same shall be returned to some justice of the peace of the county wherein such order may have been made, who thereupon shall enter up judgment and award execution in the same manner as if such judgment had. been rendered by such justice of the peace, without the intervention of such referees.
Sec. 4. Be it further enacted, That when the parties shall agree that the determination of the referees may be made known prior to its being returned as aforesaid, it shall and may be lawful for the referees to make the determination known to the parties, without its affecting in any degree the validity thereof; and if the parties shall then agree to settle their dispute according to the determination of the referees or otherwise, without further process, the said referees may deliver to the parties the papers belonging to them respectively, otherwise to make a report of their proceedings as before provided for by this act, provided that such determination shall be a bar to a second suit or plaint for the same cause of action.
Sec. 5. Be it further enacted, That the referees who may be appointed in pursuance of this act, shall be vested with all the authority that referees are vested with, who are appointed by a rule of court, and witnesses may be by them, or either of them, summoned to appear before them and be sworn in the same manner as is or may be prescribed by law for summoning witnesses before referees appointed by a rule of court as aforesaid.
Sec. 6. Be it further enacted, That no judgment awarded by referees as aforesaid shall be subject to be reversed or set aside for informality or other cause, if the subject matter of the reference is decided; unless it should appear satisfactorily to the court, or justice of the peace, before whom the same may be returned, that such judgment was obtained by evident partiality, bribery, corruption or other undue means.
Sec. 7. Be it further enacted, That the justice of the peace, for taking the agreement aforesaid and delivering the papers to the referees, as is required by this act, shall be entitled to receive froin the complainant, the sum of one dollar, to be taxed in the bill of costs; and for all subsequent servi-
ces the same fees may be demanded, as are allowed for similar services in other cases.
Sec. 8. Be it further enacted, That the referees shall be entitled to demand and receive the sum of one dollar each for every day they may be engaged in the determination of any controversy to them thus submitted.
Sec. 9. Be it further enacted, That the referees shall, before they enter on the discharge of their duty, take an oath or affirmation, impartially to determine the matter to them referred according to justice and the opinion they entertain of the evidence, without favor, fear or affection.
Sec. 10. Be it further enacted, That this act shall commence and be in force from and after the passage thereof.
Concerning costs where suits are instituted in the name of one person for the use of another.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That hereafter on all suits instituted in any court of record in this state, in the name of one or more persons, for the use of another, and judgment thereon rendered against the plaintiff or plaintiffs, for costs, it shall be lawful to enter up judgment and issue execution against the person or persons for whose use such suit or suits may be instituted, any law, usage, or custom, to the contrary notwithstanding.
To amend the first section of an Act, entitled "An Act amendatory to the laws now in force for the relief of Insolvent Debtors," passed June 15th, 1821.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the bond directed to be taken by the first section of an act, entitled " An act amendatory to the laws, now in force for the relief of insolvent debtors," passed June fifteenth, one thousand eight hundred and twentyone, from any person taken on mesne process, or in actual custody, or charged in execution, and who may be desirous of delivering up his or her property for the benefit of his or her creditors, in order to be discharged from arrest or imprisonment, shall, by the sheriff or other officer to whom such bond is, by said act, directed to be given, be assigned to the plaintiff or plaintiffs at whose suit such person shall be arrested, charged in execution, or taken into custody, by endorsement thereon in the following form, to wit: "I, A. B. sheriff (or coroner or, constable, as the case may be) of the county of ________ do hereby assign the within obligation and condition to C. D. his executors and administrators, to be sued for according to the statute in such cases made and provided. In witness whereof, I have hereunto set my
hand and affixed my seal this _____ day of _____ in the year of our Lord ______;" which assignment shall be made before the time mentioned in the condition annexed to such bond for the personal appearance of the principal obligor thereof and the surrender of his or her effects: And should such bond be forfeited, then, and in that case, the sheriff or other officer taking the same shall, within ten days after the time of such forfeiture, return the bond to the clerk's office of the court from which the mesne process or execution issued, and by virtue of which the principal obligor on such bond was arrested or taken in execution, or to the Justice of the Peace who issued such process or execution, (as the case may be,) with an endorsement on such bond that the same is forfeited.
Sec. 2. And be it further enacted, That when any bond shall be returned forfeited to the clerk's office of any County, or Circuit Court of this state, pursuant to the provisions of the first section of this act, that, then, and in such case, it shall be the duty of the clerk to whose office the same may be so returned, on application of the person or persons to whom such bond may be assigned, his or their agent or attorney to issue a scire facias, returnable to the next county or circuit court, as the case may be, against all the obligors in such bond or any or either of them, or all or either of their executors or administrators, requiring them, or any or either of them, to appear at such court and shew cause why the plaintiff or plaintiffs should not have execution against them for the full amount claimed by the plaintiff or plaintiffs to the mesne process or execution, by reason of which the principal obligor to such bond was arrested or charged in execution; and upon such scire facias returned made known, the defendant or defendants shall appear and plead, and a trial be had at the first term, unless sufficient cause be shewn for a continuance: Provided, That if such. defendant or defendants do not appear and plead, within the first three days of the court to which such scire facias shall be returned executed, that the plaintiff or plaintiffs may take judgment by default: And, provided, also, That the return of two nihils shall be considered a service.
Sec. 3. And be it further enacted, That where any bond shall be returned forfeited, before any Justice of the Peace of any county in this state, pursuant to the provisions of the first section of this act, that, then, and in that case, it shall be the duty of such Justice, upon the application of the person or persons to whom such bond may be assigned, his, her or their agent or attorney, to issue a summons in the nature of a scire facias, against all, any, or either of the obligors to such bond, their or either of their executors or administrators requiring them, any or either of them to appear at the same time and place, therein specified, before himself or some other Justice of the Peace of the county where the same may be issued, to shew cause, if any they can, why
the plaintiff or plaintiffs in such summons should not have execution against them for the amount of the execution, by virtue of which the principal obligor in such bond was taken or charged in executions and upon the return of such summons executed the defendants shall be ruled to trial immediately, unless good cause be shewn for a continuance.
Sec. 4. And be it further enacted, That the plaintiff or plaintiffs to a scire facias, issued pursuant to the provisions of the second section of this act, and the plaintiff or plaintiffs to a summons issued pursuant to the provisions of the third section of this act, shall be entitled to recover of the defendant or defendants to such scire facias or summons the full amount of the sum due by the execution or executions, or other process, mentioned in the condition of the bond, on which such scire facias or summons may be founded, together with interest, and the costs of such scire facias or summons.
Sec. 5. And be it further enacted, That if any sheriff, coroner or other officer, shall fail to assign, endorse, and return any bond taken by him from any insolvent debtor, as required by the first section of this act, such sheriff, coroner or other officer, shall be liable to the party inured thereby, to the full amount of the injury sustained, to be recovered before any court having jurisdiction thereof.
Sec. 6. And be it further enacted, That in cases where insolvents have been heretofore discharged and no proceedings have been had to collect the debts due such insolvents, that the schedules of such insolvents shall be returned to the office of the Clerk of the county court, and the judge of said court shall appoint one or more persons as commissioners in each case, who shall have authority to collect and recover all debts, property and estate due such insolvents, which are included in such schedules, or which may be omitted through the fraud of such insolvents, or otherwise; and the money when recovered shall be distributed as now required by law: and that the proceedings may be carried on in the names of such insolvents, it being stated on the original process that the plaintiffs therein are insolvent debtors; and the death of such insolvents shall not affect such proceedings.