BENJAMIN OGLE, ESQUIRE, GOVERNOR.

1798,

property have any effect whereon, except writs of fieri facias actually and bona fide laid before the

paffing of this act.

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 F.

LXIV.

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 fame, 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
purchased in truft for himfelf, or any of his family or relations, or any other perfon or perfons,
in ed 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 confideration, or on improper confideration, or loft more than one hun-
dred pounds current money, by gaming at any one time, or hath affigned or conveyed any of his
property, with intent to give an undue and improper preference to any creditor or creditors, or
fecurity, within two years before the paffage of this act, the faid chancellor or court may there-
upon, at the election of the creditor making fuch allegation, either examine the faid debtor, and
any perfon or perfons to whom he may have made any conveyance 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, with-
out the form of an 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
guilty of any fraud or deceit of his creditors, or lofs by gaming as aforefaid, or of having given
preference as aforefaid, he fhall be for ever precluded from any benefit of this act; and in cafe
fuch debtor, or other perfon, 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 per-
jury, and be for ever debarred from any benefit of this act.

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

X. AND BE IT ENACTED, That the chancellor may allow any truftee to be appointed by virtue
of this act fuch commiffion for his trouble as he fhall think reasonable, not exceeding eight per
cent. and if any complaint fhall be made to the chancellor of the conduct of any truftee, or 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 accomplishment of the object of the truft, 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

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 appointed, for the purpofe of taking the oath or
affirmation herein before mentioned: and the faid fheriff 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 or-
der as aforefaid, any thing in this act to the contrary notwithftanding: and in cafe fuch impri-
foned debtor fhall have any creditors beyond lea, the chancellor may, in his difcretion, order the
fheriff 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 inter-
rogatories which his creditors may propofe to him, on not lefs than fix months notice as aforefaid,
any thing in this act to the contrary notwithftanding; provided, that fuch difcharge from impri-
fonment fhall not operate as a difcharge of any of the debts of the faid imprifoned debtor; and
provided, that the faid imprifoned debtors, at the time of their difcharge, if required by the
chancellor, fhall enter into bond, with fuch penalty, and with fecurity, as the chancellor fhall
direct and approve, conditioned for the perfonal appearance at fuch time or times as the faid
chancellor fhall direct, to anfwer the allegations of their creditor or creditors, according to the
provifions aforefaid; and if the faid debtors fhall not enter into bond as aforefaid, if required by
the chancellor, then fuch debtors fhall remain in confinement until their application (if objected
to) fhall be decided on.

And order im-

brought before
him, &c.

XII. AND BE IT ENACTED, That in case 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 diftrct, or any affociate juftice of
the county, on the application of fuch perfon, at any time before the firft day of September next,
to order the fheriff in whole cuftody he may be, to bring the faid perfon immediately before him
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 pe-
tition to the chancellor, with a fchedule of his whole property, and a lift of his creditors, on

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

&c.