Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1814-03-07


! his eles, snd verdict sh-l thereunon pass
for him, unless the plaintiff shall prove tina,
5 such lnsolvent Debtor hath done or permit.
: ted TO be done, or hath omitted 10 do some
, act. matter or thing, which is mentioned in
: the eighth section Of this act, as disqual:fi
, cation for receiving the comrnissioners' Ger
; tifcaie a. aforesaid presided aEVays. thar
. the plaintiff shall have flet. with the Cle,k
; ofssid Court statement of the.facts which
he in,erds to prove.
Sec. IL. Bc II further enacted. That any
person who shall have given credit to, Or
taken security payable al future day, from
any debtor or debtors. under a commission
OF insolvency, shall he admitted to prove the
) same as claim against his or their estate
as liz were then due. making a discount,
u no interest be payable. at the rate OF six
per cent. per annnm. And the obligee of
any bond OF bottonry or respondents and
the assured IN any policy of insurance, may
Clam. ard after the happening of the con
urgency OF loss. may prove his debt aud
reoc We his dividend, as If he same had hap =
pened before the petition ny or sgslnst the
Deb,or or Debtors from such securities
the Debtor OF Debtors shall be discharged.
Sec. ID BE IL fuvfht, enacted, That the
Justices of the Circuit Court of Common
Pleas shall be entitled 10 have and receive
the sum nj five dollars. on the issuing of the
commission as herein provided, and that the
Circui, Court OF Common Pleas shall I've
entitled to hsye and receive the sum of five
dollars on The entry OF he m,iion or pei
tion for the confirmation OF the certificate as
herein provided and The Clerk stall re-
ceiye such compensation as is provided for
entering petitions, making records and Ger
ti'icates in other cases; and the c1mmis-
sioners shall receive the sum OF six doliars
TO be equally divided between them, for
every day by them devoted 10 the business
of the commission, h the assignee or ass,g-
nees shall be entitled to have and receive
II e per cent on the net amount of monies hv
him or them received, and tie commits.
siDners may direct any Summons or process f,
by them issued, under and by virtue of
this act, to any Sheriff or Depu'y Sheriff. +,
or Cons able, who is hereby authorised 10
execute the same within his precinc' and |
who shall be entitled to receive for his see-
vice, such reasonable compensation, to be |
allowed out of the estate said Debtor or
Debtors, as the said commissioners may
see Il
See. IS. BE It IntifY enacted, Tia, If any /,
lnsolpent debtor be arrested, or be in prison |
or custody, for or by reason of any debt due |
at The time OF The petition, or from which |
being proved under the commission, he /
might have been dischsrged--he shal, and !
my be discharged such srrest, on !
producing sn ai.ested copy OF the certificate
OF the Commissioners, allowed and con.
hrmed ~ aforesaid.
Sec Ii Be n further enacted. That if snv
lnsoisent Debtor on ms GA h, in support Of
his petition before The Court, or any Insol.
vent Debor, or any creditor or other ltr,on
on his oath before the commissioners, shall
wiliuiiy and cofrup,ly swear falsely. he, and
any persrn who shall procure hun tfus to
swear falsely, shall on conviction, be .espec.
lively fined not exceeding cne thousand
dollars, and be further punished by solitary
imprisonment not exceeding one month, and
by confinement TO hard labor not exceeding
hve !esrs, before any court proper TO ny
the same.
Sec. Is. Be ii further enacted, Ths, no
Debtor or Debtors shalt be allowed any nor.
ton Of his or their estate unless the same
be sufficient TO pay the creditors who nay
prove heir ceb,s as herein provided. the
sum OF fifty per cent. o! their lust claims,
in which case he or they may be allowed
1--WE per cent. ofthe net produce of the Is.
4ll
in no case exceed Two hundred dollars; <
preceded also, that the commissioners. in
each case, may allow the Deblor or Debtors
such household furniture e, and such articles
ofrro,ision as in The opinion Of the com.
missioners msy be necessary for the subsis
tence OF the Debtor and his family p,osi!ed,
the same on Just aprraisement thereof. shall
not exceed IN any case the further sum Of
two hundred dollsrs.
Sec. 10. BE d fa,ihey enacted. That this
Act shall continue and be in force for the
term OF one year lard from thence 20 the
end OF the next session of The General
Court theresfet) and no longer P,o,iaed
hoseve,. that the expiration of this ACT shall
not prevent The complete execution Of any
commission which may have been previously
issued. md providea diso,l1hat the death of
any insoivent Debtor after The petition and
ISSUING the comm ssion thereupon, previous
to the total division Of his estate and effects
rs herein provided. shall not prevent the
complete execution Of any commission, rs
iui'y as the same might have been done,
IT tue party were living.
Sec IL. be n fVfhe' enacted, That the sev-
ersl Justices and Clerks of the cour,s of
common Pleas IN the counties OF Dukes
county and Nantucket. shall have all the
powers and ne required to perform all the
duties, IN their sessrai counties, given or
required OF the several Jus ices snd clerks
OF the circuit court of common pleas, by
virtue of this set
Sec 10. Be nJatheT enacted. That nothing
contained IN this act shalt be taken or con.
srued 10 lnvalidste, or impair any lenex
istIng, at the date o!this act, upon the lands
or chattels OF any person, who may have
become lnsoveIt.
sec ~. Be- further enacted, That moth.