|
GEORGE PLATER, Esquire, Governor.
therewith, or their agents or attornies, or direct notice of such application
to be
inserted in the public news-papers for such time as he shall think
proper, which,
in case of there being a creditor or creditors beyond sea, shall not be
less than six
months, and on their appearance, or neglect to appear on notice, at the
time or
times and place appointed, the chancellor shall administer to the petitioning
debtor
the following oath, or affirmation, as the case may require:
" I, A. B. do
" swear, or solemnly, sincerely and truly declare and affirm, that
I will deliver
" up, convey and transfer, to my creditors, in such manner as the chancellor
" shall direct, all my property that I have, or claim any title to or interest
in, at
" this time, and all debts, rights and claims, which I have, or am
in any way
" entitled to, in possession, reversion or remainder, and that I have not,
directly
" or indirectly, at any time, sold, conveyed, lessened or disposed of,
for the use
" or benefit of any person or persons, or intrusted any part of my money,
or
" other property, debts, rights or claims, thereby to defraud my creditors,
or
" any of them, or to secure the same to receive or expect any profit, benefit
" or advantage, thereby;" and the chancellor shall thereupon name such
person
as a majority of the creditors in value, their agents or attornies,
then present,
shall recommend, to be a trustee for the benefit of the creditors of the
petitioning
debtor, or in case of the non-attendance of the creditors, or of their
not making
a recommendation, the chancellor shall name such person as he shall think
proper,
to be a trustee as aforesaid. |
1791.
CHAP.
LXXIII. |
III. And be
it enacted, That before such trustee proceeds to act, he shall give
bond for the faithful performance of his duty, to such person, in trust
for the
creditors of the said petitioning debtor, and in such penalty as the chancellor
shall direct, which shall be recorded in the office of the register of
the court of
chancery, and a copy thereof, certified under the hand of the said register,
shall
be good evidence in any court of law or equity of this state; and if any
trustee,
appointed by virtue of this act, shall refuse to act, or die, or neglect
to give bond
as aforesaid, in a reasonable time to be judged of by the chancellor, or
be removed
by the chancellor for misbehaviour, he shall appoint such other person
as he shall
think proper in his place, who shall give bond as aforesaid, and on giving
such
bond (in case the said debtor had conveyed his property to the former trustee)
he shall immediately be vested with all the property of every kind, and
all the
debts, rights and credits, of the said debtor, as completely as the former
trustee
was vested with the same. |
Trustee to
give bond,
&c. |
IV. And be it
enacted, That upon the said petitioning debtor's executing and
acknowledging a deed to the trustee to be appointed as aforesaid, conveying
all
his property, real, personal and mixt, and all debts, rights and claims,
agreeably
to the oath, or affirmation, of such debtor as aforesaid, and on his delivery
to
the said trustee of all his said property which he shall have in possession,
and of
his books, papers, and evidences of debt 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 any property which
he shall thereafter
acquire by descent, or in his own right by bequest, devise, or in a course
of
distribution, shall be liable to the payment of the said debts; and
provided, that
the discharge of such debtor shall not operate so as to discharge any other
person
from any debts. |
On executing
a deed, debtor
to be discharged,
&c. |
V. And be it
enacted, That the chancellor may allow such petitioning debtor
to retain the necessary wearing apparel of himself and his family. |
May retain his
wearing apparel. |
VI. 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 amongst
the said creditors, |
Chancellor
may direct any
trustee to sell,
&c. |
|
 |
