Persons
obtaining a
personal
discharge
and not
obtaining a
final one,
&c.
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SEC. 2. And be it enacted, That if any person or persons,
being arrested on a writ of capias ad respondendum (issued
against him, her or them,) shall obtain a personal discharge
from the said commissioners according to the provisions of the
insolvent laws, and such person or persons shall not obtain a
final discharge under such laws, then and in every such case, If
any suit or action shall or may be depending against such per-
son or persons, in which his, her or their common appearance
had been entered, it shall and may be lawful for the plaintiff
or plaintiffs therein, or his, her, or their attorney, in cases where
special bail is deaiandable by law, to issue forth, out of the
court in which the suit or action shall or may be depending,
another writ of capias ad respondendum or other process, against
the said defendant or defendants, stating therein that he, she
or they, had obtained a personal discharge, but had been refused
a final discharge under the said insolvent laws; and it shall and
may be lawful for the sheriff, or other officer, to whom the said
writ shall he directed and delivered, to arrest and take the body
of the defendant or, defendants, and him, her, or them, safely
keep, until he, she or they, shall give special bail in such suit
or action, and there shall be the same proceedings on such
new writ or process as if the said original writ had never been
issued, or could have been had on the said original writ in case
the personal discharge had never been granted.
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No appli-
cant who
has obtain-
ed a perso-
nal dis-
charge to be
allowed to
withdraw
his petition,
&c.
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SEC. 3. And be it enacted, That no applicant who shall have
obtained a personal discharge from arrest upon any writ of
capias ad respondendum, shall be allowed to withdraw his peti-
tion or application, unless he shall produce to the commission-
ers a certificate from the clerk of the county court that bail
bond, and a power of attorney, has been filed in such suit or
suits, or special bail entered thereon.
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Persons not
having
obtained it
final dis-
charge, &c.
not permit-
ted again to
apply, &c.
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SEC. 4, And be it enacted, That in all cases where any appli-
cant for the benefit of the insolvent law shall have received a
personal discharge, and shall not have obtained a certificate of
final discharge, either in consequence of withdrawing his appli-
cation or by reason of allegations filed against such applicant,
or his not complying with the terms prescribed by law, or on
any other account whatever, such person shall not be permitted
again to apply to the commissioners for the benefit of the seve-
ral acts of insolvency for the term of two years next after such
personal discharge as aforesaid.
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