BENJAMIN OGLE, ESQUIRE, GOVERNOR.
NOVEMBER. 1799.
III. AND BE IT ENACTED, That upon the said Tristram Dalton executing
and acknowledging a
deed to the trustee or trustees to be appointed as aforesaid, conveying
all his property, real, personal
and mixed, and all debts, rights and claims, agreeably to the oath
of the said Tristram Dalton, and
on the delivery of the possession of the said property, and all books,
papers, and evidences of every
kind, relating to the said property, and the trustee or trustees certifying
the same in writing to the
chancellor, the chancellor shall thereupon order that the said Tristram
Dalton shall be discharged
from all debts, contracts, covenants, promises and agreements, due
from, or owing or contracted,
made or entered into by him, before the date of the said deed, either
in co-partnership with any
person or persons or by himself; provided, that such discharge shall
not operate so as to discharge
any other person from any debt; and provided also, that any property
which the said Tristram
Dalton shall acquire in his own right, by descent, figt, bequest, devise,
or in course of distribution,
shall be liable to the payment of his debts.
IV. AND BE IT ENACTED, That the trustee in virtue of this act shall,
in the first place, apply the
proceeds of the property of the said Tristram Dalton which shall come
to the hands of such trustee
or trustees to the satisfaction and discharge of liens heretofore created
thereon, and after the dis-
charge of such liens, the residue among his several creditors, in equal
proportions to their several
debts; and the interest, share or part. of the said Tristram Dalton,
in any property or debt held by,
or due to, any co-partnership, shall be applied, in the first place,
to the satisfaction and discharge of
such co-partnership debts.
V. AND BE IT ENACTED, That any trustee or trustees to be appointed in
virtue of this act, before
he or they shall proceed to act as such, shall give bond, with security,
to be approved of by the
chancellor, for the faithful execution of the trust reposed in him
or them, and pursue in al respects
the directions of the chancellor in the performance of the said trust.
VI. AND BE IT ENACTED, That if any of the creditors of the said Tristram
Dalton shall, on the
application of the said Tristram Dalton to the chancellor, or within
two years thereafter, allege in
writing that the said Tristram Dalton has, directly or indirectly,
sold, conveyed, lessened, or other-
wise disposed of, or puchased in trust for himself, or any other person
or persons, or intrusted or
concealed, any part of his property, debts or effects, with intent
to injure or defraud his creditors,
or any of them, or to expect, secure or receive, any benefit or advantage
therefrom, the chancellor,
at the election of such creditor, may either examine the said Tristram
Dalton on oath, on such alle-
gations, or direct an issue in a summary way, without the form of an
action, for trying the truth of
the same; and if upon the answer of the said Tristram Dalton in the
trial of the issue, he shall be
found guilty of any fraud or deceit of his creditors, he shall for
ever be precluded from any benefit
of this act, and if the said Tristram Dalton shall, at any time thereafter,
upon indictment, be con-
victed of wilfully, falsely and corruptly swearing to any matter or
thing to which he shall swear by
virtue of this act, he shall suffer as in case of wilful and corrupt
perjury.
VII. AND BE IT ENACTED, That if the said Tristram Dalton shall be arrested
or imprisoned on
process sued out on any judgment or decree obtained against him for
any debt, damage or costs, due,
contracted, owing, or growing due before the passing this act, the
court out of which such process
issued shall and may discharge the said Tristram Dalton on motion;
and if the said Tristram Dalton
shall be sued, arresed or imprisoned, on any mesne process for the
recovery of any debt or damages,
contracted, owing, or growing due before the passing this act, the
court before whom such process
shall be returned shall and may discharge the said Tristram Dalton
out of custody on his common ap-
pearance being entered, without any special bail.
VIII. AND BE IT ENACTED, That the said Tristram Dalton shall not be
entitled to the benefit of
the provisions of this act, unless, at the time of presenting his petition
as aforesaid, he shall produce
to the chancellor the assent of two thirds in value of his creditors
who are citizens of this state, or
of the United States, at the time of passing this act.
CHAP. XXVII.
An ACT to lay out a road from the Morgan-town road, on the ridge
between Aza Beall's and William Coddington's, to the Virginia
line, near the lands of John Forrest. Lib. JG. No.
3. fol. 271.
WHEREAS sundry inhabitants of Allegany county, by their petition to
this general assembly
have set forth, that they labour under many inconvenienceies for the
want of a public road, to
leave |
CHAP.
XXVI.
On giving a
deed to be dis-
charged, &c.
Liens to be first
discharged, c.
Trustee to gie
bond, &c.
T. Dalton may
be examined,
&c.
If arrested, to
be discharged,
&c.
Assent of cre-
ditors to be
produced, &c.
Passed 3d of
Jan. 1800.
Preamble. |