JOHN H. STONE, Efquire, Governor.

1795.

required by the chancellor, then fuch debtors fhall remain in confinement until
their application (if objected to) fhall be decided on.

CHAP.
LXXXIV.

XII. And be it enacted, That in cafe any perfon named in this act 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 June 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 alfo the
affent of three fourths of his creditors, and fhall, before the faid judge or juftice,
take the oath required for delivering up his property 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 laid petition, and affent of his creditors in
writing as aforefaid, 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 imprifoned, 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 releafe any petitioner until he or they fhall give fuch
fecurity as the judge or juftice fhall require, for his appearance before the chan-
cellor within three months from the date of his difcharge as aforefaid.

Judge, &c.on
eaftern fhore
may order the
fheriff, &c.

XIII. And be it enacted, That the chancellor may, by order, limit and ap-
point 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
diftribution; 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 con-
cealment 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 fe-
curity, to give falfe colour to his claim for more than is bond fide due, fuch cre-
ditor fhall lofe his debt truly due, and fhall be totally excluded in the diftribu-
tion.

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

XIV. 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 obtain-
ed 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 parting of this act, the court, before whom fuch procefs fhall be re-
turned, fhall and may difcharge fuch debtor or debtors out of cuftody, on his
common appearance being entered, without any fpecial bail; provided, that the
difcharge of fuch debtor or debtors fhall not acquit any other perfon from fuch
debt, damages or cofts, or any part thereof, but that all fuch perfons fhall be an-
fwerable for the fame in fuch manner as they were before the paffing this act.

Debtors ar-

refted may be
discharged,
&c.