J O H N H E N R Y, Efquire, Governor.

1797.

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.

C H A P.
XCVII.

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 fhore, or the county court of the
county, where fuch debtor fhall refide, that fuch debtor hath directly or indirectly
fold, conveyed, leffened, or otherwife difpofed of, or purchafed in truft for him-
felf, or any of his family or relations, or any other perfon or perfons, intrufted
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 thereby, or
that he has paffed bonds, or other evidences of debts, either without confidera-
tion or on improper consideration, or loft more than one hundred pounds current
money by gaming at any one time, or hath affigned or conveyed any of his pro-
perty, with intent to give a preference to any creditor or creditors, or fecurity,
within two years before the paffage of this act, the faid chancellor or court may
thereupon, at the election of the creditor making fuch allegation, either examine
the faid debtor, and any perfon or perfons to whom he may have mads any con-
veyance or conveyances of his property, or paffed bonds or evidences of debts as
aforefaid, on interrogatories, on oath or affirmation, touching the fubject of the
faid allegations, or direct an iffue or iffues, in a fummary way, without the form
of the action, to determine the truth of the fame; and if, upon the anfwer of
the faid interrogatories, or the trials of the faid iffue or iffues by a jury, fuch
debtor fhall be found guilty of any fraud or deceit of his creditors, or lofs by
gaming as aforefaid, or of having given preference as aforefaid, he fhall for ever
be precluded from any benefit of this act; and in cafe fuch debtor, or other per-
fon, fhall, at any time thereafter, upon any indictment, be convicted of wilfully,
falfely and corruptly, fwearing or affirming to any matter or thing to which he
fhall fwear or affirm by virtue of this act, he fhall fuffer as in the cafe of wilful
and corrupt perjury, and be for ever debarred from any benefit of this act.

May fue, &c.

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

X. And be it enacted, That the chancellor may allow any truftee to be ap-
pointed by virtue of this act fuch commiffion for his trouble as he fhall think
reafonable, not exceeding eight per cent, and if any complaint fhall be made to
the chancellor of the conduct of any truftee, by any creditor interefted in the
diftribution of any eftate, the chancellor may call fuch truftee before him, and
inquire into the caufe of complaint in a fummary way, and make fuch rules and
orders as fhall be judged neceffary for the accomplifhment of the object of the
trull, and punifh the faid truftee, as for a contempt, in cafe of his not obeying
the fame, and, if he thinks it neceffary, he may remove the faid truftee, and
appoint another perfon in his place.

Chancellor

may allow a
commiffion,
&c.

XI. And be it enacted, That if any debtor, who fhall petition the chancellor
in virtue of this act, fhall be imprifoned at the time of exhibiting fuch petition,
it fhall be lawful for the chancellor to order the fheriff in whofe cuftody he fhall
be, to bring him before him, at a certain time by him in the faid order to be ap-
pointed, for the purpofe of taking the oath or affirmation herein before men-
tioned; and the faid Sheriff fhall obey the faid order, and fhall be entitled to a
preference, after the difcharge of all liens on the faid debtor's eftate, to all other
creditors, in the payment of his account againft the faid debtor for legal fees of
imprifonment, and his reafonable expences in carrying the faid debtor to the
chancellor in obedience to his order as aforefaid, any thing in this act to the con-
trary notwithstanding; and in cafe fuch imprifoned debtor fhall have any creditors
beyond fea, the chancellor may, in his difcretion, order the Sheriff to bring the
faid debtor before him at fuch time as he thinks proper, and on his taking the
oath herein before mentioned, may direct that the body of fuch debtor fhall be
difcharged from imprifonment, and appoint a time when fuch debtor fhall appear
before him to anfwer any interrogatories which his creditor may propofe to him,
on not lefs than fix months notice as aforefaid, any thing in this act to the con-
trary notwithstanding; provided, that fuch difcharge from imprifonment fhall

And order
imprifoned

debtors to be
brought be-
fore him, &c.