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Session Laws, 1794
Volume 646, Page 73   View pdf image
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JOHN H. STONE, Efquire, Governor.

1794.

perty for the ufe of his creditors, it fhall be lawful for the faid judge or juftice to
order that the faid perfon be difcharged from imprifonment, and appear before the
chancellor 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 fchedule and lift, on oath as aforeiaid, annexed, to the chancellor; provided
neverthelefs, that if the faid perfon, fo difcharged from imprifonment, fhall not
appear before the chancellor agreeably to the faid order, it fhall be lawful for any

judge or juftice, on application of the party at whole 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 a due courfe of law; and provided always, that if any
creditor of any petitioning debtor in any of the gaols on the eaftern fhore, fhall
require fecurity of the petitioner, that the judge or juftice aforefaid ball 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.

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 contested claim, may, if he thinks proper, order the fame, or anv
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 he fet apart and retained for the
eventual fatisfaction of any contefted claim, or to be brought again into diftri-
bution; and if any 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 to

limit the time

for bringing

in claims, &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 obtain-

ed againft them, or any of them, for any debt, damages or coils, contracted,
owing or growing due, before the puffing 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 this aft, 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 coils, or any part thereof, but that all fuch perfons fhall be an-
fwerable 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, which fhall be paid at the time of obtain-
ing the difcharge.

Proceedings

to be record-

ed, &c.

XV. And be it enacted, That in all appointments of truftees under ths 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 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 confulted,

&c.

XVI. And be it enacted, That none of the faid debtors who do not make ap-
plication as aforefaid on or before the firft day of April next, fhall have any be
nefit of this act. RESOLU-

When appli-

cation is to be
made, &c.



 
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Session Laws, 1794
Volume 646, Page 73   View pdf image
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