VIII. AND BE IT ENACTED, That any trustee may sue for, in his own name, and recover, any
property of debts assigned to him by any debtor in virtue of this act.

IX. AND BE IT ENACTED, That if any creditor, on the application of any such debtor to the
chancellor, or within two years thereafter, shall allege, in writing, to the chancellor, or to the
general court of the shore, or the county court of the county, where such debtor shall reside, that such
debtor hath directly or indirectly sold, conveyed, lessened, or otherwise disposed of, or purchased, in
trust for himself, or any of his family or relations, or any other person or persons, interested or con-
cealed, any part of his property of any kind, or any part of his debts, rights or claims, thereby to
deceive or defraud his creditors, or any of them, or to secure the same, or to receive or expect any
profit or advantage thereby, or that he has passed bonds, or other evidences of debts, either with-
out consideration or on improper consideration, or lost more than one hundred pounds current money
by gaming at any one time, or hath assigned or conveyed any of his property with intent to give
and undue and improper preference to any creditor or creditors, or security, within two years before
the passage of this act, the said chancellor, or court, may thereupon, at the election of the creditor
making such allegation, either examine the said debtor, and any person or persons to whom he
may have made any conveyance or conveyances of his property, or passed bonds or evidences of
debts as aforesaid, on interrogatories, on oath or affirmation, touching the subject of the said allega-
tions, or direct an issue or issues, in a summary way, without the form of an action, to determine the
truth of the same; and if, upon the answer of the said interrogatories, or the trials of the said issue
or issues by a jury, such debtor shall be found guilty of any fraud or deceit of his creditors, or loss
by gaming as aforesaid, or of having given preference as aforesaid, he shall be for ever pre-
cluded from any benefit of this act; and in case such debtor, or other person, shall, at any time
thereafter, upon any indictment, be convicted of wilfully, falsely and corruptly, swearing of af-
firming to any matter or thing to which he shall swear or affirm by virtue of this act, he shall
suffer as in case of wilful and corrupt perjury, and be for ever debarred from any benefit of this
act.

X. AND BE IT ENACTED, That the chancellor may allow any trustee to be appointed by virtue
of this act such commission for his trouble as he shall think reasonable, not exceeding eight per cent,
and if any complaint shall be made to the chancellor of the conduct of any trustee, by any creditor
interested in the distribution of any estate, or if any trustee hath or shall become insolvent, the chan-
cellor may call such trustee before him, and inquire into the cause of complaint in a summary way,
and make such rules and orders as shall be judged necessary for the accomplishment of the object
of the trust, and punish the said trustee, as for a contempt, in case of his not obeying the same,
and, if he thinks it necessary, he may remove the said trustee, and appoint another person in his
place.

XI. AND BE IT ENACTED, That if any ... who shall petition the chancellor in virtue of this
act, shall be imprisoned at the time of exhib...uch petition, it shall be lawful for the chancelor
to order the sheriff in whose custody he shall be, to bring him before him, at a certain time by him
in the said order to be appointed, for the purpose of taking the oath or affirmation herein before
mentioned; and the said sheriff shall obey the said order, and shall be entitled to a preference, after
the discharge of all liens on the said debtor's estate, to all other creditors, in the payment of his
account against the said debtor for legal fees of imprisonment, and his reasonable expences in carry-
ing the said debtor to the chancellor in obedience to his order as aforesaid, any thing in this act to
the contrary notwithstanding; and in case such imprisoned debtor shall have any creditors beyond sea,
the chancellor may, in his discretion, order the sheriff to bring the said debtor before him at such
time as he thinks proper, and on his taking the oath herein before mentioned, may direct that
the body of such debtor shall be discharged from imprisonment, and appoint a time when such debtor
shall appear before him to answer any interrogatories whih his creditors may propose to him,
on not less than six months notice as aforesaid, any thing in this act to the contrary notwithstanding;
provided, that such discharge from imprisonment shall not operate as a discharge of any of the debts of
the said imprisoned debtor; and provided, that the said imprisoned debtors, at the time of their dis-
charge, if required by the chancellor, shall enter into bond, with such penalty, and with security, as
the chancellor shall direct and approve, conditioned for the personal appearance, at such time or times
as the said chancellor shall direct, to answer the allegations of their creditor or creditors, according
to the provisions aforesaid; and if the said debtors shall not enter into bond as aforesaid, if required
by the chancellor, then such debtors shall remain in confinement until their application, (if objected
to,) shall be decided on.

                                                                                                                                XII. AND

CHAP.
LXXXVIII.
And may sue.

When fraud is
alleged, debtor
may be examin-
ed, &c.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Chancellor may
allow a com-
mission, &c.
 
 
 
 
 
 

And order im-
prisoned debt-
ors to be
brought before
him, &c.