1822 - Edocs

Discharge of prisoner
no bar.
On claims— judgment
may be in
the name of the
sheriff.
Sheriffs fees precedent
Fees for keeping
insolvent.
If anv creditor
wit inn a year make
oath.
Summary trial.
False swearing of
the debtor.
22
cessary wearing apparel' for his wife and children, and all
such arms and accoutrements as every nv.litiaman is required
to keep by law.
15. Be it further enacted, That, the Judge or Justices
shall issue their warrant for the discharge of the prisoner,
which discharge shall be no bar to a future execution, againstthe
property which said insolvent debtor may acquire
or be possessed of.
16. Be it further enacted, That, when the schedule contains
articles or claims against othe"s, it shall be the du-
ty of the clerk, at the costs of the creditors, to issue a
summons ayainst such person, and to summon witnesses
at the application of said creditors, to prove such claims,
so delivered in th^ schedule, and judgment shall be rendered
in the name of the s'leriff for the benefit of the creditors—and
writs of execution taken accordingly.
17. Be it further enacted, That the shet iff or other officer
shall be entitled to retain all fees due him out of the
insolvent's estate, before he makes distribution among the
creditors.
18. Be it further enacted, That, the fees for keeping in-
solvent's the first week, shall be paid by the creditor at the
rate of fifty cents per day, and after that time by the debtor
himself, if he remain in confinement, and do not take
the oath of an insolvent debtor.
19. Be itfurther enacted, That, if any creditor, at any
time within one year after the application of such debtor,
shall alledge on oath, and in writing, to the judge or jus-
tices, to whom application has been made, for his discharge,
by such debtor, that such debtor had at the time
of his application, directly or indirectly conveyed, lessened,
concealed or disposed of any part of his property
rights or credits, with intent to give a preference to any,
creditor or creditors, or any security, the said court shall
thereupon order notice oT such allegation, to be given in
writing to the debtor, and upon his appearance before
them, or on his neglect to appear, after proof that notice
has been served, the said court shall without delay, direct
an issue or issues to be tried by a jury in a summary way,
without the form of an action, to determine the truth of
the same— and if upon the answers' to the said interrogatories,
or upon the trial of the issue or issues, such debtor
shall be found guilty of any fraud or deceit towards iris
creditors, or of having given any preference as aforesaid
—and in case such debtor or any other testifying, either
for oraginst him, shall at anytime thereafter he convicted
of falsely, willfully and corruptly swearing, or affirming to
any matter or thing, in virtue of this act, shall suffer as in
case of wilfull perjury, and upon such conviction of the
debtor, he shall be forever prohibited from any benefit under
this act.