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

the petitioner, said Court, if sitting, or either
Judge thereof, out of ternltime, shall have pow
er upon the application of an Assignee, 10 cause
such sus pected person TO come before thcm or
him, ard 20 examine him, her or them under
oath or affirmation respecting the same; and If
such person or persons shall refuse TO be sworn
or affirmed. and TO make answer 10 such ques-
tons as shall be administered, touching the
subject matter Of said examination, then II shall
be lawful for said Court or Judge, to commit
HIM. her ar them 10 prison, there 10 be detained
until ne, size or they shall submit TO be cxamin-
ed as aforesaid.
Sec. f.. .4nd be IL further enacted, That said
Court shall have power al al times 10 call any
such Assignee or sssignccs TO account, and at
their discretion TO discharge him or tho,n, and
10 appoint others, one or more IN his or their
stead, and 10 suit al law or in equity shall be
abated by such removal and new appointment,
bu. shall be thereafter prosecuted in the name
or names of the new Assignee or Assignces.
Sec. 5. .And be IL further fnacted, That said
Assignee or Asslgnccs shall before proceeding
TO act, be sworn or affirmed before sand Court,
and if required, shall give bond With surety for
the faithful performance of the trusts and be-
ing go qualified. he or they shall Immediately
give notice thereof, IN some newspaper, pub
lished in or nearest the place OF residence of the
Insolveni, 10 The end. that all his creditors may
\" ''Sy WV "SI "pfSN't u'e NV 49,
against his state, whether payable in that time
or in future for which purpose, rot less than
SIX, nor more than eighteen months from the.
first publication OF the notice, shall be allowed
at the discretion Of the Court and those only
who shall prove their claims within that time,
shall be entitled to d dividend or dividends OF
the insolveni's estate. No claim shall DC allow
ed without sufficient legal proof of It's justice,
and II shall be The duty of the Assignee or AS
signees, from time 10 time to examine the insol-
= vent, touching the claims against his estate. and
to require him to produce and deliver up any
receipts, voucher, account stated, letter, or
oihc' paper, which may be of use IN deciding
upon tue merits of said claim, or any of them.
And should he insolvcn' in any case refuse 10
he eyainiUed, or 10 produce the papers called
! for, aud in his posseSSIon, the Supreme Juuic!al
Cour ahali have power 10 cause HIM or her 10
be committed to Prison, and here TO remain
unul he OF she shall furnish and produce the M
formation and Documents required. And if any
person o. pc, sons snail fruaduiantly or collusise-
" CLAIM as his, her or Their properly, any es-
tate or eff cts oi the ,usolvent or any debt or
debls, every such person stall forfeit double the
amount SO ella med, for the beneGt OF The Gre
tors.
Sec. g.. fad be It further enacted, That at
ser ne expiration of The time allowed Tor the
proof of he claims against ,1e es, ate oil the III
solvent the Assignee or AssIgnecs, sAat for'h-
with divide and distribute tie net produce OF
said insolyenr's estate and eiie els m his or then
hands, to and among ms o. Ter creditors, who
shall have duly proved their claims, IN pic Jor-
tiou to then several and respective debts al.
loving, however, TO SAID nsolveni, IN case he Is
a householder, such articles of household furnI-
ture, and implements Of trade or husbandry,
whcl the insolyent is a mechanic, farmer or
gardner, not exceeding one hundred dollars IN
value, as may be necessary for the comfort OF
his family, and the carrying OH OF his business,
and deductiGg such necessary cxpenceS OF sett-
| ing The estate, and such reasonable compensa-
lion as the Court shall allow TO the Assignee or
Assignees for his or their services.
Sec. 7. I'M be ii further enacted, That ev.
cry insolvent debtor who shall without fraud or
perjury, obtain a certificate OF discharge, by or
der and under the seal of said Court, shall for
ever thereafter be exonerated ana protected
from arrest, Imprisonment, or any manner OF
bodily restraint, on account OF any debt, cove
nant, contract, (cxccp, q promise of marriage,)
| agreement, or pecuniaiy obligation Of any kind,
not originating III tort, or IN criminal conduct,
contra cted, entered into, OF incurred PRIOR TO
the reception o. his or her petition. But-any
creditor of said insol,cnt may sue out an origi-
nal summons against him or her. and upon final
judgment rendered thereon, m favor Of such
creditor ; execution shall issue TO be levied and
served as IN ordinary cases, provided that such
| execution shall not run agamst the body OF SAID
insolvcnt, nor shall his or her real estate be at
| tached thereon, unless he OF she ut the time OF
the attachment be absent from the State, or
| concealed therein. And IN no case shall ne
plaintiff IN any SUIT against sad insolvent, be
! permitted to dispute tie validity oil said iisoi-
vents discharge, unless he shall give notice
thereof, and of tle precise ground OF his obJec-
-. a.. ,..,,, an fh. h.,k nj hIo nrIClnyI MTIt.
which notice shall be read 20 the defendant, us
| part of sad writ, VI be inser cd ~ the copy left
a, his %. her last and usual place OF abode.
| And upon the trial Of such action, the dcieii-
dan, shall be al liberty, 10 plead specially ms
| said d sci.arse IN bar thereto, or may give the
same IN evidence under The general issue, and
in either case ms certificate under The seal ot
The Court shall be conclusive OF has legal dis
charge, and the validity thereof shall not be
| called in question, except upon suilcicnt iesu'
! pioof produced in tho irIal oil ne charge, speei-
fed as AFORESAID N the original writ, orher oil
wiiful perllry IN bis OF her examinations before
The Court, or on any otner occasion before sad
Court. during tue pendcacy OF lhs or her peii-
Ton, or before said Assignee or AssSnces, or
befple tho Magistrate IA sweating 10 MS or hcr
inventor , lisi OF dcDis, OF other STA cinchts or
o: any oihe. fraudulent proceeding or praciiccs
On tre ps;t OF Inc defendant. and by ann con
cC1!c1 from sand Cou.', ioi the PURPOSE W iTau-
duicn,ly obienidg hs sad discharge alid IL
either or boz OF sad charges shall on triai be
found rue, then The plaintiis shall have judge
inenr for his deb, or damages )bcing tirst proved
aud ascerlaiucd, in the same manner, as IL no
| suci, discharge had ever been granted 10 the de-
lendani; ana SAID discharge, shall IN all cases Tor
ever thereafter be considered null aud VOID. Bui
in case The plaintiff shall fail TO prove either OF
said charges TO the satisfaction OF tue Jury oi
Court. before . HON the same may DO med, then
he defendant shall be- onti,ied to his OF her costs ;