ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1803.

half, residing in the United States, shall not, for any purpose, be considered as creditors within the
meaning of this clause; and provided also, that the chancellor may, notwithstanding the dissent
of the creditors as aforesaid, from time to time order to be discharged from custody any of the said
petitioners who may be in actual confinement in virtue of any process issued, or that may be issued,
in pursuance of any debt at this time due and owing, which discharge is hereby declared to be a re-
lease only of the person of such debtor, but not of his property.

C H A P

CIV,

IV. AND BE IT ENACTED, That before such trustee proceed to act, he shall give bond for the
faithful performance of his duty to such person, in trust for the creditors of 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 regis-
ter, 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 a.s aforesaid in a reasonable
time, to be judged of by the chancellor, or be removed by the chancellor for misbehaviour, the chan-
cellor 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.

V. 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 mixed,
and all debts, rights and claims, agreeable to the oath or affirmation of such debtor as aforesaid, and
on his delivery to the said trustee ail his said property which he shall have in possession, and of his
books, papers, and evidence of debts 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 passage of this act, and by virtue of such order the said debtor
shall be discharged as aforesaid; provided, that no person who has been guilty of a breach of the
law, and hath been fined, or is liable to be fined for such breach, shall be discharged from the pay-
ment, of any fine incurred for any breach of the laws of this state; and provided, that any property
which he shall hereafter acquire by gift, descent, or in his own right by bequest, devise, or in any
course of distribution, shall be liable to the payment of the said debts; and provided also, that the
discharge of such debtor shall not operate so as to discharge any other person from any debt.

On execusing a
deed, to he dis-
charged, &c.

VI. AND BE IT ENACTED, That the chancellor may allow such petitioning debtor to retain the
necessary wearing apparel and bedding of himself and family.

May retain his
apparel, &c.

VII. AND BE IT ENACTED, That the chancellor may direcl 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 among the said credi-
tors, agreeable to their several and respective claims, but no judgment to be entered after the passage
of this act against any of the said debtors who shall take advantage of this act, shall be a lien on
his real property, nor shall any process against his real or personal property have any effect therein,
except writs of fieri facias actually and bona fide laid before the passing of this act.

Trustee may be
directed to sell,
&c.

VIII. 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.

May sue, &c..

IX. AND BE IT ENACTED, That if any creditor, on the application of any such debtor to the
chancellor, or within two years thereafter, shall allege in writing to the chancellor, or to the general
court of the shore, or the county court of the county where such debtor shall reside, that such debtor
hath, directlyor 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 consi-
deration, or on improper consideration, or lost more than one hundred pounds current money by
gaming at any one time, 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, before the passage of this
act, the said chancellor 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 con-

When fraud,
&c. is alleged,
debtor may be
examined,. &c