ARTICLE XVI.
It shall be lawful for the merchants on the one part and on the other,
to keep in the places of their abode, or elsewhere, books of their
accounts and affairs, and also to maintain an intercourse of letters
in any language they please, without being liable to any restraint in
these respects. Nor shall they be obliged to show their books or
papers to any person whatever, unless it be in the course of justice;
and if it should become necessary for them to produce their books or
papers for deciding any controversy, in such case, no other articles
or parts thereof shall be shown, than such as shall relate to the
matter in question, or shall be necessary to give credit to the same
books and papers. And it shall not be lawful under any pretence, to
take the said books or papers forcibly out of the hands of the owners,
or to retain them; the case of bankruptcy always excepted.
ARTICLE XVII.
If any bankruptcies shall happen in Russia, in which any of the
citizens of the United States shall be interested, either as creditors
or debtors, the creditors shall assemble under the authority of the
College of Commerce, and the major part of them, as well with respect
to number as to the value of their demands, shall name three or more
persons, from among themselves or elsewhere, trustees, who shall take
possession of all the effects movable and immovable of such bankrupt,
and of his books and papers, and shall examine the same to discover
the state of his affairs, and they may decide upon the claims of any
one pretending to be a creditor of such a bankrupt, if his claim shall
be questioned by any other creditor in whole or in part; and the
decision of the major part of such trustees thereupon, shall be final
and binding upon all the creditors. The trustees shall have full
authority also to demand and receive all debts due to the bankrupt, to
sell and dispose of his effects movable and immovable, and shall
distribute with all convenient speed the proceeds thereof among all
the creditors, in a just proportion to their respective demands and
credits, as finally settled and allowed by the trustees, without any
preference whatever among the creditors, on account of the different
nature of their demands. It is to be understood always, however, that
when any immovable estate of the bankrupt shall have been mortgaged
and pledged to any creditor, such creditor shall
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