|
|
C H A P.
CX.
|
among the said creditors, agreeable to their several respective claims, but no judgment to be en-
tered after the passage of this act, or after the time of his application to the county court for the
benefit of this act, against any of the said debtors who shall take advantage of this act, shall be
lien on his real property, nor shall any process against his real or personal property have any effect
thereon, except writs of fieri facias actually and bond fide paid before the passage of this act or before
the time of his application to the county court for the benefit of this act.
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 and may also prosecute to judge.
ment any suit commenced by the debtor before his appointment.
IX. 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 con-
cealed, 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, or hath assigned or conveyed any of his property with intent to give an undue and impro-
per preference to any creditor or creditors, or security, 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 there-
upon, 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 di-
rect 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 be-
nefit of this act, and in case such debtor or other person shall, at any time thereafter, upon any in-
dictment 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.
X. 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 of any estate, or if any trustee hath or shall become insol-
vent, the county court may call such trustee before him, and inquire into the cause of complaint in
a summary way, and make such rules and orders as shall be judged necessary for the accomplishment
of the object of the trust, and punish the said trustee as for a contempt in case of his not obeying the
same, and if they think it necessary, they may remove the said trustee and appoint another person
in his place,
XL AND BE IT ENACTED, That if any debtor, who shall petition in virtue of this act, shall be
imprisoned at the time of exhibiting such petition, it shall be lawful for the county court, or any
judge thereof, to order the sheriff, or other officer, in whose custody he shall be, to bring him before
such court, or judge, at a certain time in the said order to be appointed, for the purpose of taking
the oath or affirmation herein before mentioned, and the said sheriff, or other officer, shall obey the
said order, and shall be entitled to a preference, after the discharge of all liens on the said debtor's
estate, to all other creditors, in the payment of his account against the said debtor for legal fees of
imprisonment, and his reasonable expences in carrying the said debtor to the county court, or any:
judge thereof, in obedience to the order as aforesaid, any thing in this act to the contrary notwith-
standing; and the court, or any judge thereof, may direct that the body of such debtor shall be dis-
charged from imprisonment, and appoint a time when such debtor shall appear before the county
court, to answer interrogatories which his creditors may propose to him, on not less than three
months notice as aforesaid, anything 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
|
|
