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GEORGE PLATER, Esquire, Governor.
charged from imprisonment, and appoint a time when such debtor shall
appear
before him to answer any interrogatories which his creditors may propose
to him,
on not less than six months notice as aforesaid, any thing in this
act to the contrary
notwithstanding; provided, that such discharge from imprisonment shall
not operate as a discharge of any of the debts of the said imprisoned
debtor. |
1791.
CHAP.
LXXIII. |
XI. And be it
enacted, That the chancellor may, by order, limit and appoint
the time for creditors to bring in and declare their claims, and may
examine such
creditors, and also the debtor, on oath or affirmation, concerning,
the same, and,
on any contested claim, may, if he thinks proper, order the same, or
any fact
concerning the same, to be tried on an issue framed for that purpose,
and may
order any part of the petitioning debtor's estate to be set apart and
retained for the
eventual satisfaction of any contested claim, or to be brought again
into distribution;
and if any creditor, to whom a real debt is due, shall conclude with
the
debtor to gain an undue preference in the satisfaction of his debt,
or for concealment
if any part of the debtor's estate or effects, or shall contrive or
concert any
acknowledgment of the debtor, by parole, or in writing, or any kind
of security,
to give false colour to his claim, for more than is bonâ fide
due,
such creditor
shall lose his debt truly due, and shall be totally excluded in the
distribution. |
And limit the
time for
bringing in
claims, &c. |
XII. And be
it enacted, That if the said debtors, or any of them, shall be
arrested or imprisoned on ay process sued out on any judgment or decree
obtained
against them, or any of them, for any debt, damages or costs, contracted,
owing, or growing due, before the passing of this act, the court, out
of which
such process issued, shall and may discharge such debtor, on motion;
and if the
said debtors, or any of them, shall be arrested or imprisoned on any
process for
the recovery of any debt, damages or costs, contracted, owing, or growing
due,
before the passing of this act, the court, before whom such process
shall be
returned, shall and may discharge such debtor or debtors out of custody,
on his
common appearance being returned, without any special bail; provided,
that the
discharge of such debtor or debtors shall not acquit any other person
from such
debt, damages or costs, or any part thereof, but that all such persons
shall
be answerable for the same in such manner as they were before the passing
this
act. |
Debtors arrested
may be
discharged,
&c. |
XIII. And be
it enacted, That all proceedings in chancery, under this act,
shall be recorded by the register, who shall be entitled to the same
fees as are
fixed by law for services in other cases. |
Proceedings
to be recorded,
&c. |
XIV. And be
it enacted, That in all appointments of trustees under this act,
by the chancellor, in the room of any person before appointed, the
chancellor
shall consult the creditors, and govern himself by the choice of a
majority of
them in value, unless upon notice being given by public advertisement,
or in
such other manner as he shall think reasonable, the said creditors
shall neglect to
make such choice. |
Creditors to
be consulted,
&c. |
XV. Whereas the said William Hammond, on the
first of September, seventeen
hundred and ninety, made his absolute deed to David McMechen for one
hundred acres of land, as appears by the said deed, but which deed was
intended
as a mortgage, and so declared by the said William Hammond and David
McMechen in a deed of trust from William Hammond to Richard Curson,
and
others, dates the thirtieth of April, one thousand seven hundred and ninety-one:
And whereas the said William Hammond, on the twenty-fourth of January,
one thousand seven hundred and ninety-one, made his deed of mortgage to
the
said David McMechen, as appears by the said deed: And whereas
the said
William, on the thirtieth day of April, one thousand seven hundred and
ninety-one,
made a deed of trust to Richard Curson, and others, as appears by the said
deed: And whereas it is admitted by the said David McMechen, that
all the
said deeds were made and intended to indemnify the said David McMechen
for all
money that the said David McMechen was bound to pay for the said William
Hammond to Michael John Harris, and to secure the said David McMechen a |
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