The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1825-12-01
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In General Assembly, Oct. Session, a. ID. 1895.
| An ACT to transfer the Jurisdiction of Peti-
tons Cor the benefit of the act for tho relief
of Insolvent Debtors, to Courts Of fCommis-
sioners.
! de it enacted By the General As
Sfc' J.. ID sembly, and by the authority
thereof il is enacted, That the jurisdiction Of
petitions for the benefit Of the act made and
passed in January ls22, entitled an act for the
relief of Insolvcnt Debtors, shall be and here
by is transferred TO Courts Of Commissioners,
TO be established and regulated as is herein
after provided. and to be entitled Courts for
the relief of lnsolvrnt Debtors.
SEc. 2. Be il further enacted, That there
shall be three Of said Courts in the State: one
for the counties of NEWPORT and Bristol; one
for the county of Proyidence;. and one for the
counties of Washington and Kent; TO consist
or thfces Commissioners for each court, any
] two of whom tn be quorum; that sain com
missioners shall be elected annGaliy, by the
| General Assembly, at the annual election, and
commissioned accordingly; but vacancies may
be filedat any subsequent session, and they shall
be engaged to the faithful discharge OF the du-
ties of their Office
SEC. 8. Be II further enacted, That said
courts be, and hereby are declared to be courts
Of Record; that they shall hold semi-annual
terms, and may hold terms BY adjournment;
the court for the counties of Newport and
Bristol, to sit in said counties alternately; at
Newport, on the third Monday of January ,and
at Bristol on the third Monday of July; the
court for the county Of Providence, To sit at
Providence on the second Mondays of Februa-
ry and August; the court for the counties of
Washington and Kent; to sit in said counties
| alternately; at South-Kingstown on the sec
ond Monday Of July; and at East Greenwich,
on the first Monday of January; that the
clerks Of the Supreme Judicial court in the
several counties, SHALL ex-officio, be clerks of
said courts, and keep the records thereof
SEC. 4. Be il further enacted, That said
courts shall receive as compensation for their
services the entries on the petitions; that the
entry on each petition be three dollars and
twenty-five cents, To be paid on the entry
thereof; that the clerks fees for recording, be
the same as for recording in tho Supreme Ju-
dicial court, and for all Other fees he receive
one dollar on each petition.
Sec. 5. Be il further enacted, That the Pc
titionet shall petition to the court, to be holden
in tho county in which he is domicilcd or resi-
dent; that before pctitioning he shall apply to
one ofthe commissioners to appoint an assignee
or assignees Of his estate and effects; that the
petitioner shall make his assignment accord
ingly, and be engaged thereto, and that the
assignee or assignees, shall, upon receiving the
assignment also be engaged TO the faithful
performance of the trust. That the petition
or shall file his petition with the clerk of the
court twenty days, at least, before the sitting
of the court, with the certificate Of the said
commissioned that he had made his assignment
according 10 Law; and he shall notify his-ored-
itors Of his having preferred his petition, by
notice published in some newspaper OF the
state, for three weeks successively, previous
to the term of the court, and in the newspa-
per nearest to the domicil or residence Of the
petitioner, and said assignment, so made, fol-
lowed by said petition so preferred shall pro-
tect the property 30 assigned from attachment,
and the person of the petitioner from arrest
till said petition is heard, tried and determin-
ed J
SEc g. Be il further enacted, That the pc !
titioner may prefer his petition in term time,
and thereupon make his assignment in manner
aforesaid; but the court in that case, shall con-
tinue the petition TO the next term, with an
order of notice, and with OF without a stay Of
proceedings at their discretion.
Sec. z. Be il further enacted, That if the |
petitioner, at the time Of preferring his petit |
ton is confined in Jail he may be liberated by
order of the court, or by order of the commits |
sioner appointing the assignee or assienees a.
foresaid, upon giving bond with sureties TO the
satisfaction Of the sheriff to return 10 jail if
his petition should be Withdrawn or dismissed, |
and within ten days thereafter.
SEC. s. Be il further enacted, That If the |
petition is granted by the court, the judgment |
shall have the effect TO exonerate the person |
Of the petitioner in the same manner as is pro |
vided for in the act above referred to; and the !
said court shall grant him certificate Of dis
charge accordingly, and may appoint new as
signee or assignees to be nominated by the
creditors, if the assignee or assignees appoint.
ed aforesaid shall be objected to by them. And
If said petitioner is in Jail the jailor shall hbe-
rate him, upon his producing said certificate.
SEC. 9. Be it further enacted, That said
courts shall have power Of establishing rules
for the regulation Of their proceedings, or ao-
ministering oaths, ofprescribing forms, and all
other powers incidental to court Of Record,
necessary and proper to the execution Of the
duties Of said court.
SEC. 10. Be il further enacted, That upon
the passage of this act, the General Assembly |
shall elect commissioners for the current year,
and that all petitions for the benefit Of the In |
solvent Act then pending before this General
Assembly, be referred to said courts, TO be
heard and tried in the counties in which the /
petitioners respectively resided at the time |
they preferred their petitions. That said pc. !
uuonefs DO anu herepV are permitted ana Ill /
rected to take their petitions and documents |
accompanying the same now pending before |
the General Assembly, and enter the same in |
said eouts accordingly, at the first terms
thereof, on the second day thereof, and shall !
nav the entries thereof, at the time Of entering
the same; and that until tho sitting Of the 1
the said courts respectively, all proceedings for
debt against the persons Of those who have pc
titions now pending for the benefit Of said act, \
be stayed; and that all who have petitions
r.nd;n, ss aforesaid and are confined in iail \