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JOHN H. STONE, Esquire, Governor.
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1796. |
of his books, papers, and evidences of debts of every kind, and the
said trustee's
certifying the same, in writing, to the chancellor, it shall be lawful
for the
chancellor to order that the said debtor shall be discharged from all debts,
covenants,
contracts, promises and agreements, due from, or owing or contracted
by, him, before the date of the said deed, and by virtue of such order
the said
debtor shall be discharged as aforesaid; provided, that no person who has
been
guilty of a breach of the laws, and hath been fined or is liable to be
fined for
such breach, shall be discharged from the payment of any fine incurred
for any
breach of the laws of this state; and provided, that any property which
he shall
thereafter acquire by gift, descent, or in his own right by bequest, devise,
or in
any course of distribution, shall be liable to the payment of the said
debt; and
provided, that the discharge of such debtor shall not operate so as to
discharge
any other person from debt. |
CHAP.
LXX. |
VI. And be it
enacted, That the chancellor
may allow such petitioning debtor
to retain the necessary wearing apparel of himself and family. |
May retain
his apparel. |
VII. And be
it enacted, That the chancellor
may direct any trustee to be appointed
by virtue of this act, to sell and convey the property conveyed to him
by the petitioning debtor, at such time, and on such terms and conditions,
as he
shall think most for the advantage of the creditors, and the produce thereof,
after satisfying all incumbrances and liens, shall be divided among the
said creditors,
agreeably to their several and respective claims, but no judgment to be
rendered after the passage of this act, against any of the said debtors
who shall
take advantage of this act, shall be a lien on his real property, nor shall
any
process against his real or personal property have any effect thereon,
except writs
of fieri facias actually and bonâ fide laid before
the passing of this act. |
Trustees may
be directed to
sell, &c. |
VIII. And be
it enacted, That any trustee
may sue for, in his own name, and
recover, any property or debts assigned to him by any debtor in virtue
of this
act. |
And may sue,
&c. |
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 nay of his family or relations, or any other person or
persons,
intrusted or concealed, 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
without
consideration or on improper consideration, or list 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 a 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 allegations, or direct an issue or issues, in a summary way, without
the form
if 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 fraud or deceit of his creditors, or loss by gaming
as aforesaid, or of having given preference as aforesaid, he shall for
ever be precluded
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 or affirming to any matter or thing to
which he
shall swear or affirm by virtue of this act, he shall suffer as in the
case of wilful
and corrupt perjury, and be for ever debarred from any benefit of this
act. |
When fraud,
&c. is alleged,
debtor may be
examined,
&c. |
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