THOMAS SIM LEE, Efquire, Governor.

1793.

provided, that the faid imprifoned debtors, at the time of their difcharge, if re-
quired by the chancellor, fhall enter into bond, with fuch penalty, and with fe-
curity, as the chancellor direct and approve, conditioned for the perfonal ap-
pearance at fuch time or times as the faid chancellor fhall direct, to anfwer the
allegations of their creditor or creditors, according to the provifions aforefaid; and
if the faid debtors fhall not enter into bond as aforefaid, if required by the chan-
cellor, then fuch debtors fhall remain in confinement until their application (if
objected to,) fhall be decided on.

CHAP.
LXVIII.

XI. And be it enacted, That in cafe any perfon named in this bill may be
imprifoned in any gaol on the eaftern fhore, it fhall be lawful for the judge of the
diftrict, or any affociate juftice of the county, on the application of fuch perfon,
at any time before the firft day of April next, to order the fheriff, in whofe cuf-
tody he may be, to bring the faid perfon immediately before them for the purpofe
of taking the oath, or affirmation, if required, for delivering up his property to
his creditors; and if the faid perfon, fo brought before the judge or juftice, fhall
produce a petition to the chancellor, with a fchedule of his whole property, and
a lift of his creditors, on oath, as herein required, thereto annexed, and fhall,
before the faid judge or juftice, take the oath required for delivering up his pro-
perty for the ufe of his creditors, it fhall be lawful for the faid judge or juftice to
order that the faid perfon be difcharged from imprifonment, and appear before the
chancellor within three months from the time of fuch difcharge; and if fuch
order fhall be made, the faid judge or juftice fhall tranfmit the faid petition, with
the fchedule and lift, on oath as aforefaid, annexed, to the chancellor; provided
neverthelefs, that if the faid perfon, fo difcharged from imprifonment, fhall not
appear before the chancellor agreeably to the faid order, it fhall be lawful for any
judge or juftice, on application of the party at whofe fuit the faid perfon was im-
prifoned, and on his producing a certificate from the regifter in chancery, that
fuch perfon hath not appeared before the chancellor agreeably to the faid order,
to remand the faid perfon to the prifon from which he was difcharged, there to
remain until difcharged by a due courfe of law; and provided always, that if any
creditor of any petitioning debtor in any of the gaols on the eaftern fhore, fhall
require fecurity of the petitioner, that the judge or juftice aforefaid fhall not re-
leafe any petitioner until he or they fhall give fuch fecurity as the judge or juftice
fhall require, for his appearance before the chancellor within three months from
the date of his difcharge as aforefaid.

Judge, &c. on
E. fhore may

order the fhe-
riff, &c.

XII. 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 fuch
creditors, and alfo the debtor, on oath or affirmation, concerning the fame, and,
on any contefted claim, may, if he thinks proper, order the fame, or any fact
concerning the fame, to be tried on an iffue framed for that purpofe, and may
order any part of the petitioning debtor's eftate to be fet apart and retained for the
eventual fatisfaction of any contefted claim, or to be brought again into diftribu-
tion; and if any creditor, to whom a real debt is due, fhall collude with the
debtor to gain an undue preference in the fatisfaction of his debt, or for conceal-
ment of any part of the debtor's eftate or effects, or fhall contrive or concert any
acknowledgment of the debtor, by parole, or in writing, or any kind of fecurity,
to give falfe colour to his claim for more than is bona fide due, fuch creditor fhall
lofe his debt truly due, and fhall be totally excluded in the diftribution.

Chancellor to
limit the time
for bringing
in claims, &c.

XIII. And be it enacted, That if the faid debtors, or any of them, fhall be
arrefted or imprifoned on any procefs fued out on any judgment or decree obtained

againft them, or any of them, for any debt, damages or cofts, contracted,
owing or growing due, before the paffing of this act, the court, out of which
fuch procefs iffued, fhall and may difcharge fuch debtor, on motion; and if the
faid debtors, or any of them, fhall be arrefted or imprifoned on any procefs for
the recovery of any debt, damages or cofts, contracted, owing or growing due,
before the paffing of this act, the court, before whom fuch procefs fhall he
returned, fhall and may difcharge fuch debtor or debtors out of cuftody, on his
common appearance being returned, without any fpecial bail; provided, that the

Debtors ar-
refted may be
difcharged,
&c.