Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1821-03-06

the sum of fifty dollars annually, to be
paid out Of their respective county trea-
suries.
Sec. 10. Be it further enacted, That
the clerks of the several county commits
sioners' courts, and all others who may
have any papers, records, books, or do
cuments in their possession, relative 10
the business herein con6ded to the Court
Of Probate, shall, on demand, deliver the
same to the Judge of Probate of the pro-
per county; and on failure, or refusal to
comply as aforesaid, the person so fail
ing or refusing, shall upon conviction in
the circuit court, forfeit and pay one hun
dred dollars for the use of the county.
Sec. IL. Be ii further enacted, That
the said Judges of Probate in their re-
spective counties shall have the sole
power in the first instance to hear and de-
termine all applications for discharge
from Imprisonment for debt, under this
act.
Sec. 10. Be it further enacted, That
when any person shall be arrested for
debt, on any execution or olher process,
and shall be DESTROYS Of releasing his or
her body, by delivering up his or her pro-
perry, it shall! be the duty of the officer
having the custody of the debtor, to con-
vey him or her before the Judge of Pro-
bate, and it shall be the duty OF the debt
or, to present TO said Judge full and
complete schedule of all his or her
estate, real and personal, including
money, notes, bonds, bills, obligations
and contracts of every interest or kind
whatsoever, with all the debts which he
or she shall at the time owe; which
schedule shall be subscribed by the debt
or, who shall also take an oath or afir-
nation in the following form, viz. " do
solemnly swear Tor affirm as the case
may be- that the schedule now deliver
ed, and by me subscribed, does contain
to the best of my knowledge and belief,
full, true, and perfect account and dis
covery of all the estate, goods and ef
tectS, unto me in any wise belonging,
and such debts as are unto me owing, or
unto any person or persons in trust for
me, and of all securities and contracts
whereby any money may become paya-
bic or any benefit or advantage accrue to
me, or to my use, or 10 any person or
persons in trust for me. ] have not
land, money, or any other estate, real or
personal, IN possession, reversion, or re-
mainder, which is not set forth in 'thiS
schedule; nor have at any day or time,
directly or indirectly, sold, lessened in
value, or otherwise disposed of in trust,
or concealed all or any part of my land,
money, goods, stock, debts, securities,
contracts or estate, whereby to secure
the same, or to receive, or expect any
profit or advantage therefrom, to defraud
any creditor or creditors to whom am
indebted in anywise howsoever; and
also of all debts which do owe to any
person or persons )" which oath shall
be subscribed by the debtor, and adj
ministered by the Judge, as may all
oaths, which he may find it necessary to
administer in the discharge of the various
duties assigned to him by this act.
Sec. 10. Be il further enacted, That
the creditor of any such debtor shall
have right to appear before said judge
anu IOiltCot iiC llutu VI oQIil SCtACtUtC5
and may for that purpose call such wit
nesses as he, she or they shall deem
necessary; and the said Judge may issue
subp9nas for and compel the attendance
OF such witnesses as shall be required by |
either party; subp9nas may be served |
by the sheriff, any constable, or by any
private person.
Sec. IA. Be it further enacted, That |
ii it shall appear to the said Judge after |
fu II and fair examination of the debtor, |
and the Witnesses adduced, that all the |
proceedings on the part of the debtor,
are fair and just, it shall be the duty of
the said Judge to name some fit person
to act as assignee of the debtor, and such |
debtor shall Immediately, by endorse
ment On the back of such schedule, as
sign all or so much of the property |
therein mentioned, as will in the opinion |
of the judge, be sufficient to pay all the
debts, interests, costs, and charges in |
such schedule mentioned, to the person |
so named as assignee, and such assign
ment shall absolutely vest in the as
signee, all the right of the debtor in and |
to the estate, property and interest so as
signed, for the use of the creditor or
creditors of such debtor; and whenever |
the said debtor shall produce to the said
judge, receipt from such assignee,
certifying that he has received all the
estate, property, goods, chattels, and ef-
fects so assigned, to give to such debtor
a discharge in writing from imprison-
ment, and the officer having the custody
Of such debtor, shall on the production