THOMAS SIM LEE, Efquire, Governor.

1792.

the oath, or affirmation, if required, for delivering up his property to his credit-

ors; and if the faid perfon, fo brought before the judge or juftice, fhall produce
a petition to the chancellor, with a fchedule of his" whole property, and a lift of
his creditors, on oath, as herein required, thereto annexed, and fhall, before the
faid judge or juftice, take the oath required for delivering up his property to the
ufe of his creditors, it fhall be lawful for the faid judge or juftice to Order that
the faid perfon be difchargcd from imprifonment, and appear before the chancel-
lor within three months from the time of fuch difcharge; and if fuch order fhall
be made, the faid judge or juftice fhall tranfmit the faid petition, with the fche-
dule and lift, on oath as aforefaid, annexed, to the chancellor; provided never-
thelefs, that if the faid perfon, fo difcharged from imprifonment, fhall not ap-
pear before the chancellor agreeably to the faid order, it fhall be lawful for any
judge or juftice, on application of the party at whofe fuit the faid perfon was im-
prifoned, and on his producing a certificate from the regifter in chancery, that
fuch perfon hath not appeared before the chancellor agreeably to the faid order,
to remand the faid perfon to the prifon from which he was difcharged, there to
remain until difcharged by due courfe of law: And provided always, that if any
creditor of any petitioning debtor in any of the gaols on the eaftern more, fhall
require fecurity of the petitioner, that the judge or juftice aforefaid fhall not re-
leafe any petitioner, until he or they fhall give fuch fecurity as the judge or juftice
fhall require for his appearance before the chancellor within three months from
the date of his difcharge as aforefaid.

C H A P.
LXVII.

XII. And be it enacted, That the chancellor may, by order, limit and appoint

the time for creditors to bring in and declare their claims, and may examine fuch
creditors, and alfo the debtor, on oath or affirmation, concerning the fame, and,
on any contefted claim, may, if he thinks proper, order the fame, or any fact
concerning the fame, to be tried on an iffue framed for that purpofe, and may
order any part of the petitioning debtor's eftate to be fet apart and retained for the
eventual fatisfaction of any contefted claim, or to be brought again into diftribu-
tion; and if any creditor, to whom a real debt is due, fhall collude with the
debtor to gain an undue preference in the fatisfaction of his debt, or for conceal-
ment of any part of the debtor's eftate or effects, or fhall contrive or concert any
acknowledgment of the debtor, by parole, or in writing, or any kind of fecurity,
to give falfe colour to his claim for more than is bona fide due, fuch creditor fhall
lofe his debt truly due, and fhall be totally excluded in the diftribution.

Chancellor
may limit the
time, &c.

XIII. And be it enacted, That if the faid debtors, or any of them, fhall be
arrefted or imprifoned on any procefs fued out on any judgment or decree obtained
againft them, or any of them, for any debt, damages or cofts, contracted,
owing or growing due, before the paffing of this act, the court, out of which
fuch procefs iffued, fhall and may difcharge fuch debtor, on motion; and if the
faid debtors, or any of them, fhall be arrefted or imprifoned on any procefs for
the recovery of any debt, damages or cofts, contracted, owing or growing due,
before the paffing of this act, the court, before whom fuch procefs fhall be re-
turned, fhall and may difcharge fuch debtor or debtors out of cuftody, on his
common appearance being returned, without any fpecial bail; provided, that the
difcharge of fuch debtor or debtors fhall not acquit any other perfon from fuch
debt, damages or cofts, or any part thereof, but that all fuch perfons fhall be
anfwerable for the fame in fuch manner as they were before the paffing this act.

Debtors ar-
refted may be
difcharged,
&c.

XIV. And be it enacted, That all proceedings in chancery, under this act,
fhall be recorded by the regifter, who fhall be entitled to the fame fees as are
fixed by law for fervices in other cafes.

Proceedings
to be record-
ed.

XV. And be it enacted, That in all appointments of truftees under this act,
by the chancellor, in the room of any perfon before appointed, the chancellor
fhall confult the creditors, and govern himfelf by the choice of a majority of
them in value, unlefs, upon notice being given by public advertifement, or in
fuch other manner as he fhall think reafonable, the faid creditors fhall neglect to
make fuch choice.

Creditors to
be consulted.