The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1820-03-08

not been extended TO him and upon the
trial oi such action, the defendant shall
be at liberty to plead specially the pro.
.ccedings and discharge under this act
and il upon the trial ol said action, the
jury shall find by their verdict, or the
court shall be of opinion, that the delen-
daHt in said action has, in all respects,
conformed TO and complied with the pro-
. Visions and acquisitions OF this act, the
said court shall thercupon render judg-
ment, that the body OF said defendant be
forever cxonerated and discharged from
said debt, and that the plaintiff recover
Judgment for the amount Of his debt OF
demand, against the goods and chattels
aud real estate OF said defendant /; and up
on all such judgments, executions shall
issue against the goods and chattels and
real estate of said defendant and shall be
levied thereon, and the same shall be
sold at public auction for the payment of
said execution, being first duly advertis-
cd, as by law is required in other cases
of attachment of real and personal estate
and the proceedings upon such attach
ments shall in all respects be similar to
the proceedings in other cases Of attach
nent of real and personal estate.
Sec. 4. And be IL further enacted,
That the court to whom application
shal be made as aforesaid, is hereby au-
thorized to appoint three discreet and
dlsinterested persons, to be nominated
by the creditors as aforesaid, assignees
as aforesaid and II the creditors neglect
or refuse to nominate three discreet and
disinterested persons for that purpose,
the SAID Court shall proceed to appoint
said assignees without such nomination
and the said assignees shall, Immediately
after their appointment, notify the cred
itors Of said in,olvent, by publication in
one Of the newspapers printed in this
State, at least four successive weeks, to
exhibit and prove their claims against
said insolvent's estate, within twelve
months from the publication OF said no.
tice; and the creditors who do not ex-
hibit and prove their claims within that
time, shall be barred of all dividend out
Of said estate And at the expiration Of
said twelve months, or as soon thereafter
as may be, said assignees shall rateably
and proportionably divide and pay to the
creditors who have proved their claims
as Aforesaid, the estate OF said insolvent,
first dedncting therefrom the experces
of settling said estate, and reasonable
compensation to themselves Tor their
trouble; and having finally completed
thcir trust, shall, as soon as may be
thereafter, make report OF all their doings
to the court from which they received
their appointment.
Sec. S. And be it further enacted,
That upon the trlai OF any petition for
the benefit oi this act, the petitioner, on
the request Of any opposing creditor, or
on motion of my member Ut the Gene
raj Assembly, may be examined upon
his corporeal oath, touching his property,
debts and losses, and amy other matter or
thing pertaining to the trial OF said petit
ron, and material thereto.
Sec. 6. Ani be It further enacted,
That the oath to be taken by the petit
ioncr to his inventory, on peierring his
petition for the benefit of this act, and al
NO tine oath by him to be taken to his In
ventdry upon his application to the court
for the appointment OF assignees, shall be
as follows. viz: "you -.
do soIemny swear, Tor ai6rm,) that this
inventory contains just, true, and per-
feet inventory and amount OF all your
property and estate, of every kind and
nature, in his possession, reversion or
remainder (excepting wearing apparel;)
and that ysu have not at any time, dI-
rectly or indirectly, sold, leased or
otherwise conveyed or disposed of to, or
in,rdstcd any person or persons whomso.
ever with, all, or any part OF the proper
ty m estate, real or personal, whereof
vou have been the lawful owner or DOS