Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-02-06

tue piaintIH PROVIDED ina whenever any such
insolvent shall be a partner in trado or business
as a joint contractor with any other person or
persons, then the original writ against such
partners or joint contractors shall run against
SAID Insolvcnf, as IS herein before prescribed,
and against all the other partners or joint con
tractors, as in ordinary cases ; and in any such
case, the final Judgment, It in favour Of the
plaintiff shall be against The propcr,y of SAID
lnsolveni, as is herein before provided, and
against the other defendants, in the usual form;
and separate executions shall issue in con!or.
NIFTY to said Judgment.
Sec. 8. Ind be IL further enarted-Tbat in
all cases where there shall be mutual debts or
demands subsis,ing between the lnsolveni and
any of hls or her creditors, previous to the re-
cep'ion of his or her petition as aforesaid, said
assignee or assignees shall, the JUST amount
thereof being first aacertained Offset such mutu-
al claims, and The balance only shall be paid or
claimed on either side respectively; and sand
assignee or assignees shall also have power I,
bus'nit any and oil claims aud demands against
said estate, o. in favor thereof, to the final de
cision Of Referees, under a rule Of any compc-
tent court.
Sec. .. .And be ii further eaacted-Tha' the
oath to be taken by the petitioner TO his inven-
tory, on preIerring his petition for The benefit Of
This act, and also the oath 10 be taken by him
TO the same, upon the appointment OF his lS
slgnee or assignees, shall be as follows W.:
You, A. b. do solemnly swear (or atiirm,)
that the inventory on file with your petition : d
just, true and perfect inventory and account oil
all your property and estate OF any kind and M,
ture, ~ possession or action, 'eversion ot ie
mainder, Excepting wearing apparel, } and tia
you have moi al any time, diocti, o. indirectly.
sold, leased, or otherwise conveyed or Disposed
oil to, or lnirusted any person or persons whom
soever, with all or any part ofthe property or e.
tate, real or personal, whereof you have been u
owner or posscssor, TO def.auG your creditors, ~
any OF them, win any IL ent or design 10 secure
the same, or TO secure or expect any profit,
benefit or advantage theretrom, foe yol.selfoi
any OF your children or family, or any othei
person; nor done, nor caused MOI suffered to be
done, a y act, matter, OF thing whatever where
b. any of your creditors may be delrauded. So
help you God; or this affirmation you make and
give on he peril Of the penalty of perjury.
Sac 90 I'M be il ftkcr ealc ted-Tha,
before any dividend as aforesaid all deb due to
this. state, or TO any town therein for taxes, OF
10 the United States, Off any, shall be paid 50
Tar as lie property OF The insoIycnt will go to-
wards paying the same. And nothing in This Act
contained shall be taken to impair any bona
tide Lens existing prior 10 the reception of any
such petition, upon any land estate or effects Of
any such insolvent.
Sec. II. find be 1t furiher en~acted-That
nothing IN this Act contained shall be cons der
ed, or construed in any manner to invalidate or
impair any proceedings heretofore had under
the act passed June, A. ID 1856, en- ltled can
Act for the relief of ,nsolvent drbtprs," and The
several Acts heretofore passed in relation to
such dcbdtors, nor any discharge heretofore OBJ
tanned in conformity TO said Acts; but all such
proceedings and discharges shall remain good
and valid, and continue TO have full force and
cfiec, IN The same manner as If this act bad not
been passed.
Sec. IL. And be IL further endcted-That
no man who shall hereafter inter,narry with any
woman who shall have the benefit o this Act
extended to her, and who has compiled viii,
and CONFIRMED to all the requirements Of this
Act on her part, shall be liable to any way ia
his person or estate, for any debt incurred, or on
any contract, covenant, bond or agreement en-
tered into by his wife before the benefit Of this
Act vas extended 10 her, for any greater
amount thar the value Of such property as ac-
tually came into his possession, use or control,
by the marriage, other than wearing appar-
Sec. 10. .qnd be ii further enactcd-That
the benef, Of this Act shall moi be extended to
any debtor whose debts do not exceed one hun
drcd dollars.
Scc.l4 find be IL further eaacfcd-That
the Clerks Of the Supreme Judicial Court for
the respective Counties shall respectiycI, make
and keep a true and correct record Of all pro-
ceedings under this Act, and shall receive the
sum OF one dollar from each petitioner at the
time The petition shall be fled, and such other
compensation for his services as is now allowed
by law TO Clerks Of said Court on other petit
tons, and shall also receive at the same time foi
and pay TO Court, three dollars OH each petit
ton filed
Sec. Is. find be IL further enacted-That
this Act shall 90 into effect and be inlorced
from and after the rising Of this Assembly.
True copy-Witncss,
HENRY BOWEN. Sec'ry.