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EDWARD LLOYD, ESQUIRE, GOVERNOR.
8. AND BE IT ENACTED, That if the said David
C. Stewart,
Lloyd Buchanan and William P. Stewart, or either of them, shall
be arrested or imprisoned on any process sued out on any judgment
or decree against him or them for any debt, damages or
costs, contracted, owing or growing due, in virtue of the aforesaid
copartnership, before the first day of May, in the year of our
Lord one thousand eight hundred and six, the court out of which
such process issued, or any judge as aforesaid, shall and may discharge
the said David C. Stewart, Lloyd Buchanan and William
P. Stewart, or either of them, on motion; and if the said David
C. Stewart, Lloyd Buchanan and William P. Stewart, or either of
them, shall be arrested or imprisoned on any process for the recovery
of any debt, damages or costs, contracted, owing or
growing due, in virtue of the copartnership aforesaid, before the
first day of May, in the year of our Lord one thousand eight hundred
and six, the court before whom such process shall be returnable,
or any judge as aforesaid, shall and may discharge the said
David C. Stewart, Lloyd Buchanan and William P. Stewart, out
of custody, on his or their entering, or agreeing to enter, their
common appearance to the said action, and no special bail shall be
required of them, or either of them; Provided, that the discharge
of the said David C. Stewart, Lloyd Buchanan and William P.
Stewart, shall not acquit any other person from such debt, damages
and costs, or any part thereof, but that all such persons shall
be answerable for the same in the same manner they were before
the passing of this act. |
JUNE 1809.
CHAP. 11.
If arrested on any
process, &c. for
debt contracted
before 1st May
1806, court may
discharge them on
motion. |
9. AND BE IT ENACTED, That if any of the partnership
creditors
of the said David C. Stewart, Lloyd Buchanan and William
P. Stewart, shall, at any time within two years after their discharge,
allege, in writing, to the said court in court sitting, that
the said David C. Stewart, Lloyd Buchanan and William P. Stewart,
have, directly or indirectly, sold, conveyed, lessened, or
otherwise disposed of, or intrusted or concealed, any part of
their property of any kind, or any part of their debts, rights,
or claims, with intent thereby wilfully and corruptly to deceive
and defraud their creditors, or to secure the same for
their benefit, or to receive or expect any profit, benefit or advantage
thereby, the said court may thereupon examine the said David
C. Stewart, Lloyd Buchanan and William P. Stewart, on interrogatories
on oath, for the discovery of their property, or any concealment
thereof, and respecting their conduct touching the same,
or the said court may direct an issue or issues to be tried in the
said court, to determine the truth of any allegation made by the
said David C. Stewart, Lloyd Buchanan and William P. Stewart,
and if they shall be so found to have committed any such corrupt
and wilful fraud and deceit of their creditors, they shall be precluded
from having any benefit of this act; and in case the said
David C. Stewart, Lloyd Buchanan and William P. Stewart,
shall, at any time within two years as aforesaid, upon any indictment,
be convict of wilfully, falsely and corruptly swearing to
any matter or thing in their oath aforesaid contained, they shall
suffer as in case of wilful and corrupt perjury, and likewise be
liable to their creditors, and be wholly deprived of any relief or
benefit of this act. |
In case of fraud
alleged within two
years after their
discharge, they
may be examined
by court, &c. |
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