Portland gazette and Maine advertiser., 1818-03-10
AN Actin addition to an act


| entitled g An Act to enable creditors TO re-
ceive their just demands out Of the goods,
effects and credits of their Debtors, when
the same cannot be attached by the ordina-
nv process oflaw."
DE it enacted BY The senate and House Of
SEC l. ID Representatives. IN General Court assem-
bIed and by The authority othe same, That whenever
any person summoned as trustee Of any debtor,
shall in his answer disclose assignment to anoth-
err. of the goods effects credits Of the principal
il his hands, and the plantin the suit shall object
that the assignment ought not to have any effect to
defeat his attachment. and the Court shall think il
Just or convenient that the assignee should become
party to the suit, The person. stated to be as.
sgnee may, for the purpose Of trying the validity
and effect of the assignment, become party 10 the
! suit upon bis appearing voluntarily and claiming
to be SO admitted, or by coming into Court, upon
being notified for that purpose, by a summons,
which the court, where the actloa IS pending, rs
authorised TO issue 10 be served and returned in such
time and manner as the Court shall think the cir
! cumsta noes Of the case may require end if such
supposed assignee shall NOT appear at the time and
place named in such summons his non-appearance
shall be entered on the records the may be
continued to the next term, for further notice to the
assignee at the discretion 81 the Court and il the
supposed assignee does not appear in person, or
by attorney the assignment shall have effect to
defeat the plaintiffs attachment ; and upon such
assignee becoming party 10 the suit the validity
of the assignment or it's effect on the case, sha !
be tried by the Court or by Jury, The case may
require In which trial in addition to the usual
evidence in other cases the original defendant may
be admitted as a witness, upon the application Of
either party; and the Court may award legal costs
for and against any Of the parties at It's discretion
and either party may appeal from any Judgment OF
the Court, as in other cases.
SEC Be IL further enacted, That when any
supposed trustee shall al the time Of the service &"
the writ upon him, dwell in any other county than
that in which the writ is returnable, be shall not
be required to appear in person IN the original suit
nor in any suit upon writ OF Sclre fGctds founded
thereon but such supposed trustee may appear by
attorney and declare, whether he had any, and
what goods effects or credits ofthe principal in his
hands or possession, at the time when the writ was
served on him. and thereupon submit himself TO an
examination on oath and if the plaintiff shall not
see fit further to examine such supposed trustee,
his declaration so made by attorney, shall be deem
ed and taken to be true And if the plaintiff shall
think proper TO examine such supposed trustee on
oath the answers of the trustee upon such eXamin-
alton, nav be sworn TO before any Judge OF the
Court of Common Pleas for the county in which
the trustees may dwell. before any Justice Of the
Peace and in all cases when any supposed trustee
shall have appeared in Court and submitted himself
to an examination on oath in the manner prescribed
by law, his answers upon such examination, may
be sworn to before any Judge OF the Court of Com
mon Pleas for the county in which the trustee may
dwell. or before any Justice Of the Peace; and
such examination being duly filed in the Court in
which the writ is pending, SHALL in every case
have the same effect and shall ne considered il the
same manner in all respects as if the had been
sworn 10 in the Court in which the writ is pending
-4pproued By the Gorernor, February Goth, 1918.
Copy examined by A. BRADFORD,
Secretary Of Common meGHh.