JOHN H. STONE, Efquire, Governor.

1795.

procefs iffued, or that may be iffued, in purfuance of any debt at this time due
and owing by him, which difcharge is hereby declared to be a releafe only of the
perfon of fuch debtor, but not of his property, unlefs the affent in writing of
three fourths in value of the creditors as aforefaid be obtained.

C H A P.
LXXXIV.

IV. And be it enacted, That before fuch truftee proceeds to act, 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 chan-
cery, 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, ap-
pointed by virtue of this act, 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 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 creaks, of the faid debtor, as completely as the former
truftee was vefted with the fame.

Truftee to
give bond,
&c.

V. 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 certi-
fying the fame, in writing, to the chancellor, it fhall be lawful for the chancel-
lor to order that the laid debtor fhall be discharged 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.

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

May retain
his apparel.

VII. 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 among the faid creditors,
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 advan-
tage of this act, fhall be a lien on his real property, nor fhall any procefs againft
his real or perfonal property have any effect thereon, except writs of fieri facias
actually and bona fide laid before the paffing of this act.

Truftee may
be directed to
fell, &c.

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

And may fue,
&c.

IX. 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 more, or the county court of
the county, where fuch debtor fhall refide, that fuch debtor hath directly or indi-
rectly fold, conveyed, leffened, or otherwife difpofed of, or purchafed, in truft

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