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ROBERT BOWIE, ESQUIRE, GOVERNOR.
of this act, or before the time of his application to the county
court for the benefit of this act. |
1805.
CHAP. 110. |
8. AND BE IT ENACTED, That any trustee may
sue for, in his
own name, and recover, any property or debt assigned to him by
any debtor in virtue of this act, and may also prosecute to judgement
any suit commenced by the debtor before his appointment. |
Trustee may sue
in his own name. |
9. AND BE IT ENACTED, That if any creditor,
on the application
of any debtor to the county court, or within two years thereafter,
shall allege in writing to the county court, 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 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 debt, either without consideration, or on improper consideration,
or lost more than one hundred dollars by gaming at any one time (i),
or hath assigned or conveyed any of his property with intent to
give an undue and improper preference to any creditor or creditors,
or security (k), before the passage of this act, or before the time
of his application to the county court for the benefit of this act, the
said county 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 of
his property, or passed bonds or evidences of debt as aforesaid, on
interrogatories, (of which interrogatories the person or persons
answering the same shall, at the election of the person or persons
making the allegation, be furnished with a copy or copies,) on oath
or affirmation, touching the subject of the said allegations, 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 trial 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 having given
preference as aforesaid, he shall be for ever precluded from any benefit
of this act; and in case such debtor or other person shall, at
any time thereafter, upon any indictment found in the county court
of the county in which such debtor may reside, or in the county
court where such oath or affirmation shall have been taken or administered,
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 case of wilful and
corrupt perjury, and be for ever debarred from any benefit of this
act.
(i) The losing 100 dollars by gaming at any one
time is, by 1807, ch. 150, restricted
to within three years next before
the application.
(k) See 1807, ch. 55, and November 1812, ch. 77, defining what is
an undue and
improper preference, and declaring
all deeds, &c. made for that purpose to
be void. |
When fraud is
alleged debtor may
be examined, &c. |
10. AND BE IT ENACTED, That the county court
may allow any
trustee to be appointed by virtue of this act such commission for
his trouble as they shall think reasonable, not exceeding eight per
cent. and if any complaint shall be made to the county court of the
conduct of any trustee by any creditor interested in the distribution |
Commission allowed
to trustee
and complaints
against him to be
inquired into, &c. |
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