JOHN H. STONE, Efquire, Governor.

1794.

he good Evidence in any court: of law or equity of this ftate, and if any truftee
appointed by virtue of this act, fhall refufe to act, or die, or neglect to give bond
as aforefaid in a readable time to be judged of by the chancellor, or be re-
moved 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 truf-
tee,) 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.

CHAP.

LXXII.

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 fame, in writing, to the chancellor, it fhall be lawful for the chan-
cellor to order that the faid debtor fhall be difcharged from all debts, covenants,
contracts, promifes and agreements, due from, or owing or contracted by, him
or her, 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 for any
breach of the laws of this 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 debt; and
provided, that the difcharge of fuch debtor fhall not operate fo as to difcharge
any other perfon from any debt.

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 himielf or herfelf and family.

May retain his
apparel, &c.

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 creditors,
agreeably to their feveral and refpeitive claims; but no judgment to be rendered
after the paffage of this act, againft any of the faid debtors who fhall take advan-
tage of this act, fhall be a lien on his real property, nor fhall any procefs againft
his real and perfonal property have any effed thereon, except writs of fieri facias
actually and bona fide faid before the paffing of this act.

Truftee may
he direfted to
fell, &c.

VJL And be it enacted, That any truftee may fue for, in his own name, and
recover, any property or debts affigned to htm by any debtor in virtue of this act.

And may fue,
&c.

VIII. And be it enacted, That if any creditor, on the application of any fuch
debtor to the chancellor, or within two years thereafter, fhall allege, in writing,
to the chancellor, or to the general court of the Chore, or the county court of the
county, where fuch debtor fhall rcfide, that fuch debtor hath diredly or indiredly
fold, conveyed, leffened, or otherwife difpofed of, or purchafed, in truft for himfelf,
herfelf, or any of his or her family or relations, or any other perfon or perfons,
intruded 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 fecure the fame, or to receive or expect any profit or advantage there-
by, or that he or fhe has palled bonds, or other evidences of debts, either without
conflagration or on improper confideration, or loft more than one hundred pounds
current money by gaming at any one time within two years before the paffage of
this act, the faid chancellor, or court, may thereupon, at the election of the cre-
ditor making fuch allegation, either examine the faid debtor, and any perfon or
pcrfons to whom he or fhe may have made any conveyance or conveyances of his
property.

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