Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-02-06
LAWS OF RHODE ISLAND.
IA Act for the licrofIasol,cpt Des'or

An Ac, for the reiicrot Iasoltcnt Deb'os.
Sec. I. Be IL enacted IN the TeHefQl .9Ssem-
blu and by the authority thereof 1t IS enacted,
That n shall be lawful for any inhabltani of this
State. who shall have resided aad been comicil
ed therein for the space Of three years, next
preceding the preterring of ms ar her petition,
and who is or hereafter shall be insolvcnt, 10
prefer his or her petition tor ,ae oenehs OF inns
Act TO the Supre me judicial Court Ito be then
mex; holden in and for the county in which such
ne,;,ioner shall be resident vr domiciled, which
nnet;,,oa shah be filed in the Office of the Clerk
of said Court three weeks at least, before the
s;tt,ng thereof, and the petitioner shall exhibit
and file Herewith, under oath or affirmation a
inst and true statement Of all his or her debts,
and 10 whom due. and of the losses and mistor-
fortunes. b, which his or her insolvency has
been caused. aud also, a jus, and true inventory
of all his or her property, or estate OF every
kind and nature, IN possession or acton, remain
der or reyersion, lex ,epting wearing apparel,
not exceeding in value one hundred dollafS,)
and aid oath or affirmation shall be taken by
said ue,itioncr before any magistrate OF the
conntv in which said petitioner may res SIDE;
and the said Clerk shall notify The creditors of
said pctitioner Of the pendenc, OF SAID petition.
nv publishing a notification thereof at least .
successive weeks, next before the sitting o, SAID
Court. TO which said petition shall be preferred,
in some UuOllc newspaper Piib'Su AZ NHS ''",
the cost of such publication being first adyanc-
ad Inv said petitioner provided that said Court
fcood cause being shewn therefor, may permit
INV such.pe,i.ion to be preferred and received In
term time, although not filed as aforesaid, and
IN suoh case said petition shall be continued 10
rho nex, term of The Court, and notice thereof
,,iven the creditors in the manner herein pre-
scr,bed
Sec. 2. Be il further enacted, That the S"-
meme Judicial Court, be and hereby are vest
cd with full jurisdiction over SAID petitions pre-.
C.r,ad as aforesaid, and are hereby authorized
.nd amIo,vered 10 receive; hear and determine
,non ,he same, and upon all questions and no
lions relating hereto, and with po "er to carry
into full effect, all the provisions OF tbs Act;
and said petitioner shall be strictly examined
.bv the Court. and by any OF the creditors who
NAV thinA proper, in order /" Obtain rom MN
or her under GA h, q full, true, and undisguised
disc, osurc Of his or her actual condition and
.ri-cumsta noes; The real amount Of his or her
property and debts, the extent ana nature OF rs
ar her losses, and Of he conyeyances, transfers
or o,be, disposiiion which may have been
made of ms or her property, or anv part
thereof. and now and in what manner, at whas
time mr. times. TO whom and on wha, considera-
inn terms or conditions within the three pre-
oad,na YEAS: and generally Of all his or her
Condnci. and proceedlngs affecting The interests
of sad creditors; and said examination DC III,
accurately taken down IN writing oy orocr OF
the Couri. in a suitable Record Book, shall IN
onen Cour, be read 10 aud signed W SAID Pc
sit,;nner. and said Court shall have power 10 es
tohIsh Rules for the proceedings Oh all such
ne,;,,ons: and to prescribe such forms, as may
Lo found p,oper. And on the reception oil any
.,cb net;,,on. the Court shall have power IL
their discretion 10 stay all proceedings agains'
the body or estate of the petitioner or porn,
and NAV cause SAID petitioner to be liberated
from ial. (if 80 contined) on his or her giving
bond. with surety or suret'es to 'he sa's'ac'o"
of the Sheriff Of The county, where" "e VI u
NAV be confined, conditioned TO return 10 jan III
ten davs aC er tho rising OF the Court, at which
Tho %ne:;t;or shall be finally disposed Of, unless
the pe,r,ioner shall be discharged by the Court
md shall receive a certificate thereof, ny or
der and under The seal OF said Courl.
Sec. 3 BE I. further enacted, That when-
over tho b,nei,l O. thi i Ac; shall be extended 10
anv snch oetitionor, ne or she shall IN open
Cou,,. n, he same ,erm, and before receiving
his or her certificate Of discharge, execute ac-
knowledge, and deliver 20 such Assignee or AS
signces, mo, exceeding three) as sdia Coor'
shall appoint upon the ho'""ha''o" VI '"o MY.
mart in value of the creditors present, II they
sbsII think proper so to nominate, an assign
,nent or assignments, conveying aud trahsierr-
;,o IN him or them, his or TIER heirs or as
s;e,s successor or SUCCESSORS, his or their heirs
or ass,gns in trust for the benehi ot ali the
creditors. all and singular, the estate ana ciiec's'
reol and persoaal, Of every dcsrripiion, III pos.
session. reyeision or remainder, 10 "hiSn saio
pet,tioper mas be cDtIlled In law or equity, eS,
%cep,ing wearing apparel as AFORESAID. VIA, an
tho mnnimen,s aud evidences thereoi; ana all
80. d,o 40 h,m ar them, and all debts, claims
md demands. rights aud credits, OF every ue-
.cr,n,,on. together with all his or her books OF
accounts. paDcrs and writings, a'd evidences
roia,,ng 10 such debts or claims, all when NUM-
,nents. eyiden ccs, books aud papers, anu u Nne
Cour, shall go require, all which %efec's, go'us
all ch,,,l.s shall be actually delivered up to
said Assignee or Assignees, before such Pe''fon-
mr. s,alI pe entitled 10 receive his or her cc',"'
cate OF discharged; aud SAID Assignee VI as
sippens snail have power, III ms OF 'he" oN"
,s,e q, names, 10 cojiec. aud iaAe Possession"
Of. bv sui, or Other loyal means. all sugn estates
propeog and dcDts; 10 prosecute W ""a jug
men. and e~xesu'ion sll suits previously CON,
,neneel m me name or for The bcueia vi "iid
netitioner, and pending nj The datc OF sa'u as,
s,yn,nent; aid 10 redeem all iands, goous anu
estates which may have been previously mort,
,oc.d ar IA an, way pledged. or cncunbered and
SSn 'yl,,ch ,aid pe,tioner may have any inieies,.
And If any SUCH petitioner prior 10 h'aA'ng Vie
or her assignment as aforesaid, snai' CONVEY ~
INV of his or her children, or DINERS, Any ''"'
81, ooods or transfer any ofhi. or nor dcos or
$500 n, tho eyidcnccs thereof, With m'ent
a. deC,aud his or her creditors, ali such Propo'-
..a,d claims shall nevertheless vcs' IN INC AS
.,,ee a, Assinnces appointed as aforesaid; ana
o..,y ,rnstec or oihe, person, who sna' ~,
c.;ve apy such conveyance or 'rans'r, e"u
shall wilfully conceal any such proper. !" e'-