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Session Laws, 1797
Volume 652, Page 37   View pdf image
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J O H N H E N R Y, Efquire, Governor.

1797.

the fourth, fixth, tenth and thirteenth fections of the act, entitled, An act for

the relief of fundry infolvent debtors, paffed at November feffion, feventeen
hundred and ninety-fix; and the chancellor their have and exercife, with reference
to the faid Nicholas Slubey, all and fingular the powers and authority vefted in
him by the faid fections with reference to the debtors named in the faid act.

C H A P.

XXXIX.

VI. And be it enacted, That if any of the creditors of the faid Nicholas
Slubey fhall, on the application of the faid Slubey to the chancellor, or within
two years thereafter, allege, in writing, that the faid Nicholas Slubey hath, di-
rectly or indirectly, fold, conveyed, leffened, or otherwife difpofed of, or pur-
chafed in truft for himfelf or any other perfon or perfons, or intrufted or con-
cealed, any part of his property, debts or effects, with intent to injure or de-
fraud his creditors, or any of them, or to expect, fecure or receive any benefit or
advantage therefrom, or fecured to any creditor or creditors, within two years
before the paffage of this law, any illegal preference, the chancellor, at the
election of fuch creditor, may either examine the faid Nicholas Slubey on oath,
on fuch allegations, or direct an iffue or iffues in a fummary way, and without
the form of an action, for trying the truth of the fame; and if upon the anfwer
of the faid Nicholas Slubey, or the trial of fuch iffue or iffues, he fhall be found
guilty of any fraud or deceit of his creditors, or preference as aforefaid, he fhall
for ever be precluded from any benefit of this act; and if the faid Nicholas
Slubey fhall, at any time thereafter, upon indictment, be convicted of wilfully,
falfely and corruptly fwearing to any matter or thing to which he fhall fwear by
virtue of this act, he fhall fuffer as in cafe of wilful and corrupt perjury.

When fraud
is alleged,
debtor may
be examined,

&c.

VII. And be it enacted, That if the faid Nicholas Slubey fhall be arrefted or
imprifoned on any procefs fued out on any judgment or decree obtained againft
him for any debt, damages or cofts, due, contracted, owing, or growing due
before the paffing of this act, the court out of which fuch procefs iffued fhall
and may difcharge the faid Nicholas Slubey on motion; and if the faid Nicholas
Slubey fhall be fued, arrefted or imprifoned, on any mefne procefs, for the re-
covery of any debts or damages contracted, owing, or growing due before the
paffing of this act, the court before whom fuch procefs fhall be returned fhall
and may difcharge the faid Nicholas Slubey out of cuftody on his common ap-
pearance being entered, without any fpecial bail.

If arrefted, to

be difcharged,
&c.

VIII. Be it enacted, That the faid Nicholas Slubey fhall not be entitled to
the benefit of any of the provisions of this act, unlefs at the time of preferring
his petition as aforefaid he fhall produce to the chancellor the affent of two thirds
in value of his creditors, who are citizens of this ftate, or of the United States,

at the time of paffing this act.

Affent of cre-
ditors to be
produced,
&c.

C H A P. XL.
An ACT to enable the corporation of the Roman catholic clergy-
men to receive a conveyance, and hold certain lands, and for
other purpofes therein mentioned.

Paffed Janua-
ry 20.

WHEREAS William Deakins, junior, and John Threlkeld, did here-
tofore, to wit: On the twenty-third day of January, one thoufand
feven hundred and eighty-nine, by a certain deed of bargain and fale,
make over and convey unto John Carroll, John Afhton and Robert Molyneux,
certain lands in faid deed mentioned, lying and being in Montgomery county:
And whereas at the time of faid conveyance it was underftood between the par-
ties thereto, that the faid lands fhould furnifh a fite for the purpofe of erecting
a college, or feminary of learning, under the government and control of the
Roman catholic clergy of this ftate: And whereas in purfuance of fuch inten-
tion the faid clergy have, from their funds, erected fpacious buildings upon faid
ground, and organized a feminary of learning, highly beneficial to many of the
citizens of this ftate: And whereas to render the fituation of the college more
convenient and healthy to the ftudents, the faid John Threlkeld did, by a cer-
tain deed of bargain and fale, bearing date the fifteenth day of June, one thoufand

Preamble.



 
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Session Laws, 1797
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