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

in the case had before him, to the said
court on the first day of the next term
thereof; and if the debtor enters into
bond payable to said Judge and his sue
cessors in office, for the use of the credi-
tor or creditors of such debtor, with Sc
curity to be approved by the judge, con-
ditioncd that the said debtor will not
sell, remove, or lessen the value of his
estate or property, and that the same
shall be forthcoming and subject to the
order OF said circuit court; then it shall
be the duty of said judge to give such
debtor discharge, and certify the bond
with his other proceedings; and every
discharge so granted, shall Operate as
discharge OF such debtor until the next
term of said circuit court. That any
creditor thinking him, her, or them
selves aggrieved by any such discharge,
may appeal to the next circuit court for
the county, and thereupon the proceed
lngs shall be certified as aforesaid; and
in all cases OF appeals the assignee shall
not proceed TO sell, until thecIrcuit court
shall so order, any of the property as
signed, except such as shall be of a
perlshable nature and wiz be materially
injured in value by delay,
Sec. l6. Be ii. furthe1 enacted, That
the said circuit court, at the term 10
which the proceedings shall be so re-
turned (unless for good cause continu-
ance shall be granted) shall proceed to
hear and determine the matter, and shall
empannel jury to find facts, at the re-
quest OF either party, admitting all ne
cessary evidence, and make such order
therein as shall seem right, affirming or
disaffirming the whole or part of the pro-
ceedings of the Judge of probate, and
doing all things necessary therein to et-
feet the object of this aet.--Appeals
shall be prayed at the time Of trial be-
fore the judge of probate within ten days
thereafter
Sec. II. Be tt further enacted, That
nothing herein contained shall be con-
Slrued 10 require any such debtor to in
Clude IN his schedule, or oath, any pro-
perty which is or shall be, by law eX-
Sec. 10. Re IL further enacted, That
it shall be the. duty OF the assignee, with
in forty days after he shall have received
the property mentioned in such sche-
dule, in all cases where no appeal is Ia
ken, or in cases OF appeal, within forty
days after his appointment shall have
been confirmed, or if new assignee be
appointed by the court, within forty days
after the reception OF the property, on
giving thirty days previous notice, al tae
court house door OF the county, and
three Other the most public places i'll The
county, TO proceed to sdl for the best
price that can be got, on credit of not
more than twelve nor less than six
months, taking bond and sufficient secu-
rity, all the property SO assigned, and
pay over all the money arising from
such sale TO the creditor or creditors
mentioned in such schedule hforata ,
and such assignee may and he is hereby
required, to sue for and recover IN his
own name, each and every debt due such
debtor, in said schedule mentioned, and
apply the money when collected as
aforesaid and the said assignee shall be
allowed to retain such expenses and
compensation as the judge of probate
shall think reasonable, out of the pro-
ceeds of such effects, before dislribu
ton; it shall be the duty of such as
signee to pay over 10 the debtor so much
as shall remain of the proceeds of such
effects after paying the debts, sc. as
aforesaid.
Sec. 10. Be it further enacted, That
nothing in this act contained shall be
construed to prevent any creditor or
creditors mentioned in any such sche
dule, from suing out 8cire .facias or
.tIreri Jacias on any judgment against
the after acquired property Of such
debtor.
Sec. 90. Be it further enacted, That
any debtor, who shall be convicted OF
having taken false oath under the pro-
visions of this act, shall suffer the pains
and penalties imposed for wilful and
corrupt perjury: and moreover shall be
excluded from the benefits of this act.
Sec. 81. Be it further enacted, That
the judge of probate, for trying each APP
plication for discharge under this act
shall be allowed the sum of four dollars,
to be paid out of the proceeds of the ef-
fects assigned, and where no discharge
shall be granted, to be paid by the appli-
cant, and for subpenas the same fees
that are allowed the clerks of the circuit
court, to be paid as in other cases. The
Judge of probate when necessary, may
continue any cause from day to day un-
til the trial shall be completed.
Sec. %. Be IL further enacted, That
in cace oc the ;rcolvonrv of anu iudoa ne