THOMAS SIM LEE, Efquire, Governor.

1793.

" this time, and all debts, rights and claims, which I have, or am any way
" entitled to, in poffeffion, reverfion or remainder, and that I have not, directly
" or indirectly, at any time, fold, conveyed, leffened or difpofed of, for the ufe
" or benefit of any perfon or perfons, or intrufted, any part of my money, or
" other property, debts, rights or claims, thereby to defraud my creditors, or
" any of them, or to fecure the fame to receive or expect any profit, benefit
" or advantage, thereby ;" and the chancellor fhall thereupon name fuch perfon
as a majority of the creditors in value, their agents or attornies, then prefent,
fhall recommend, to be a truftee for the benefit of the creditors of the petitioning
debtor, or in cafe of the non-attendance of the creditors, or of their not making
a recommendation, the chancellor fhall name fuch perfon as he fhall think proper,
to be a truftee as aforefaid.

C H A P.

LXVIII.

III. And be it enacted, That before fuch truftee proceeds to ad, he fhall give
bond for the faithful performance of his duty, to fuch perfon, in truft for the
creditors of faid petitioning debtor, and in fuch penalty as the chancellor
fhall direct, which fhall be recorded in the office of the regifter of the court of
chancery, and a copy thereof, certified under the hand of the faid regifter, fhall
be good evidence in any court of law or equity of this ftate; and if any truftee,
appointed by virtue of this ad, fhall refufe to act, or die, or neglect to give bond
as aforefaid, in a reafonable time to be judged of by the chancellor, or be removed
by the chancellor for mifbehaviour, he fhall appoint fuch other perfon as he fhall
think proper in his place, who fhall give bond as aforefaid, and on giving fuch
bond, (in cafe the faid debtor had conveyed his property to the former truftee,)
he fhall immediately be vefted with all the property of every kind, and all the
debts, rights and credits, of the faid debtor, as completely as the former truftee
was vefted with the fame.

Truftee to
give bond,
&c.

IV. And be it enacted, That upon the faid petitioning debtor's executing and
acknowledging a deed to the truftee to be appointed as aforefaid, conveying all
his property, real, perfonal and mixed, and all debts, rights and claims, agreeably
to the oath, or affirmation, of fuch debtor as aforefaid, and on his delivery to
the faid truftee of all his faid property which he fhall have in poffeffion, and of
his books, papers, and evidences of debts of every kind, and the faid truftee's
certifying the lame, in writing, to the chancellor, it fhall be lawful for the
chancellor to order that the faid debtor fhall be difcharged from all debts, cove-
nants, contracts, promifes and agreements, due from, or owing or contracted by,
him, before the date of the faid deed, and by virtue of fuch order the faid debtor
fhall be difcharged as aforefaid; provided, that no perfon who has been guilty of
a breach of the laws, and hath been fined or is liable to be fined, for fuch breach,
fhall be difcharged from the payment of any fine incurred or to be incurred, for
any breach of the laws of the ftate; and provided, that any property which he
fhall thereafter acquire by gift, defcent, or in his own right by bequeft, devife,
or in any courfe of diftribution, fhall be liable to the payment of the faid debts ;
and provided, that the difcharge of fuch debtor fhall not operate fo as to difcharge
any other perfon from any debts.

On executing
a deed, debtor
to be dif-
charged, &c.

V. And be it enacted, That the chancellor may allow fuch petitioning debtor
to retain the neceffary wearing apparel of himfelf and family.

May retain hit
wearing appa-

VI. And be it enacted, That the chancellor may direct any truftee to be ap-

pointed by virtue of this act, to fell and convey the property conveyed to him by
the petitioning debtor, at fuch time, and on fuch terms and conditions, as he
fhall think moft for the advantage of the creditors, and the produce thereof,
after fatisfying all incumbrances and liens, fhall be divided amongft the faid cre-
ditors, agreeably to their feveral and refpective claims; but no judgment to be
rendered after the paffage of this act, againft any of the faid debtors who fhall
take advantage of this act, fhall be a lien on his real property, nor fhall any
procefs againft his real and perfonal property have any effect thereon, except writs
of fieri facias actually and bona fide executed before the paffing of this act.

rel, &c.

Truftee may
be directed to
fell, &c.