The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1823-03-18

AN AZ L respecting arrests Civil Process
SECT. lie q snacted bg the Ne.late and House Of
Representatives. i Legislature assembled That in ey
cry town where Jaol is may be by law establish.
ell three suitable persons shall be appointed IN the
manner and ur the same term as Justices OF the
Peace to be commissioned under this act /; and |
when any person shall he arrested Oh nesnc process
execution. committed prison ia such town shall
apply 10 thcm amy OF them, when the amount I
fthe debt debts and shall exceed fifty dol
lars, and shall request discharge, and shall ire with
them schedule u all his debts and of all his real g.
personal estate effects q sredits they stall appoint
time aud place for his examination; notice Of which
shall be served every creditor al whose suit he IS 50
arrested or Imprisoned. or his agent or attorney aud
be made public IN such manner said Commissioners
shall direct. And u such debtor shall give bond
with sufficient surety sureties to approved BY the
Commissioners, the creditor creditors named il
Any process By force of which he be or CON-
united, with condition that he shall appear before said
Commissioners al the time appointed and whcney-
or lawfully required by them, until his discharge and
shall await y obey their final Judgment or, on failure SO
20 do, shall forthwith pay sch creditor creditors
the and interest due on said execution or the
sum demanded as the case may be- he shall thcreupon
he released from imprisonment on such execution. Or
discharged fTom such arrest.
Sect 2. As Il farther enacted, That the said Com
missioners at the time appointed, at any suisse
auent time appointed by them for that rpose may
examine the said debtor and any witnesses then pro-
duced on oath touching the truth of said schedule or
any fact affecting bis right discharge and may
require liflD 10 pfOduCS ms BOOKS anu
answer IN wEtag al proper questions put by any iudg-
ment other creditor there appearing and they may
allow him 10 amend his said schedule. at any time
during such examination. And if il shall tIlereupon
appear the Commissioners that the said debtor has
made lul and laiT disclosure. and IS entitled the
benefit OF this act and ii tie shall make oath that the
said schedule contains according his best knowledge
and belief full anu statement Of all lis debts
and Of the real and personal estate, ELECTS 6 cred
Its belonging TO him when first imprisoned, ar.
resed at any time since. whehcr'in possession Of
himself or others they shall appoint more AS
Sgnecs Of ms estate. effects aad credits and f The
said debtor shall as may be. convey, assign e.
deliver by such proper acts and Instruments the
Commissioners shall require all his estate effects and
credits wlich he had when first imprisoned or ar
rested any time afterwards, lexcepg only such
articles as are by law exempted from attachment, and
such property as shall appear 10 have been necessa-
rly expended disposed the subsistence 81 the
debtor and bis famiiy. for law charges aud shall al
deliver to thcm al his books and papers relating
thereto tie Commissioners shaii thercupon finally
djudge taai he be discharged from imprisonment on
every execution by force of which he may then stand
committed, that his body be forever exempted from
all delis contracted previous 10 that time
AMI shall give MIN Certificate Of such adjudication
under their hands. an he shall forthwith be discharg
ed, and be exempted accordingly.
sect g. tie IL further eHGc6d. That the Assignces
may demand and recover the said estate, effects and
CREDITS from any person excepting such may have
purchased the before Tire said assignment bona
ride and without notice " the Imprisonment or arrest
Of said debto and for the recovery thereof they may
their names commence and prosecute suits, ar
come in and prosecute IN like manneF Executes
or Administrators may by law do any suit then in the
Of SAID debtor peudng Preceded That tile de-
PENDENT IN every such suit may of all debts due 10
him from such imprisoned arrested debtor by viz
the ofany express implied contracted made before
his frs arrest Or imprisonment and the balance only
shall be recovered by such assgnees. And The said
assignees shall, may be, collect ali debts
due said debtor, and shall sell and dispose Of all his
estate and effects anil shall NJ such time AZ the Com
missioners shall appoint, within months after
said first assignment and any other time when Nv
thcm thereto required render just true accounts Of
all their dongs assignees and may examined on
oath touching the sane, and after dedBcng such meet
reuompense shall be allowed them by tie Commits
sioners for thcir services and paying all legal
aud other just and necessary charges 70 the Com
nissoners others, shall pay aud divide from time
70 time whenever thereto ordered by ihe Commits
sioners, the proceeds remaining their hands " and
among creditors, whose claims are proved and al
lowed III proportion 10 their respective debts and paw
over and deliver the surplus if any said debtor his
executors or administrations. And if said AsSignces
-al refuse render such accounts make such pay
meats when required by the Commissioners the AS
s1necs refusing shah be liable pay to such new
Assgnrcsas may be appointed, the full value Of the
property assigned Them with interest from The time
the assignment without any deduction allowance
Sect. 4. BE II further enacted That public notice
shall DC given Of the time and place appointed for said
Assgnecs to reader their first accounts and NJ anv
time until such accounts shall be rendered all persons
having claims against said debtor upon any express or
implied contract made before his first arrest on mcsne
process or arrest or commitment execution, may
present and prove the same before tile
And u the Commissioners shall not allow the same
OF If the Assignees any person having proved or
one.ed 10 prove his claim, shall object the allow
ance thereof. and the claimant shall file a statement
on oath. OF his claim. and shew that he has COM
menced sut therefor, he shall be permitted to APP
pear creditor before the Commits sioneTs and If
any dividend shall nc made pending such suit, a sum
shall be reserved sufficient 10 allow him nis just pro-
portion, in he should recover judgement
Sect. BE 1t further enacted Thai any debtor who
has been discharged afo esaid, shall not be IL
able 10 be arrested imprisoned on account Of The
debt duo on any demand or execution from which he
discharged, or Of any debt or demand that
shall have been thps presented Provided That no
debtor shall he entitled the benefit OF the act who
has not fully complied with all the provisions thereof
according 70 their time. true intent and meaning.
Sect s. DE IL further enacted That If any nersop
imprisoned execution. arrested on execution or
process, for debt, when the amount shall-ex-
coed ftfy dollars SHALL within thirty DAYS after his
FIRST commitment arrest, apply for his discharge as
above provided, he shall thereafter be allowed the
liberty OF the ysrl but shall be detained in close con-
nnement, IN the said gao by force of such arrest or
commitment, until he shall apply and give bond As
provided in The hF,t section Of this ac be otherwise
discharged by order OF law. And If any debtor hay
ing applied shall refuse or neglect 10 make fine ,
and execute the assignment herein before mentioned
do any other thin. required of him by virtue Of the
second section OF this act if shall appear thar he
Is not entitled 10 the benefit thereof he shall ~ conn
United to close prs N, by under the hands az
the Commissioners, specifying the cause Of his comnir
nent there TO remain by force of said warrant till he