Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-06-20

AN ACT in relation to Imprisonment for
Debt.
BE it enacted by the General assembly as
JoliotCS:
Section |. Whenever any person shall be
committed to Jail for debt for mesnc process
or execution, non payment Of any military
fine, or town or State taxes, surrender or
commitment by bail or by former surcties, for
the liberty of the said yard, he shall be liberia
ted from his imprisonment upon filing in the
Clerks office of the Supreme Judicial Court,
his petition.for the benefit of the acts for the
relief Of nsovent debtors, if he have not
petition pending at the time, and giving bond
with surety, satisfactory to the sheriff of the
county. conditioned to return to Jail within 10
days after his petition shall be withdrawn,
or finally disposed of by said court if not
granted.
Sec. 9. From the time Of liberation upon
petitioning and giving bond as aforesaid, un-
Ill the rising of the Supreme Judicial Court
at its next term for the county, all proceed
ings for the collection of debts against the
person shall be stayed.
| Sec. 3. The surety or suretics Of the per-
son liberated, shall have the same power to
sure nder up, or commit the principal to jail,
as bail now have and in every such case he
may be again liberated upon giving bond as
aforesaid.
Sec. 4. This act shall not be construed to
authorize the liberation upon the conditions
before mentioned, of any person who may
be committed upon original writ or mesno
process, or execution upon any Judgment for
trespass, or other injury attended with force,
or any malicious injury to the person, health,
liberty or rcputation,of the plantiffin the suit.
Sec. B. Every deed, mortgage, or other
conveyance, made by the person so liberated,
between the time OF his liberation aud the
time Of dsposing Of his petition by said
court, for or towards the satisfaction Of any
debt or liability, or whereby any preference
or security is given for the payment of any
particular debt or liability shall be utterly
void.
Sec 6. No person who shall have been
liberated upon petitoning and giving bond as
aforesaid and who shall have Withdrawn his
petition, or the same been rejected by the
court, shall in the same suit between the
same parties, be again liberated from Jail, by
virtue of the first section OF this act.
Sec. 2. So much Of any former laws as al.
low the detention of a debtor in Jail, after
taking the oath prescribed in the seventh
section Of "an act for the relief Of poor per.
sons imprisoned for debt" upon the creditors
leaving money with the jaler to pay for the
debtors board is hereby repealed.
Sec. B. Whenever any person shall be cd.
mitted to take the oath prescribed by the
seventh section Of san act for the relief Of
poor persons imprisoned for debt" all origin.
al wrts and Executions against such persons
when the cause Of action accrued before such
person was admitted 10 such OATH may issue
against the goods and chaites and real es.
tate OF such person, in the same manner
original wrlts may issue against persons ont
OF the State or concealed therein.
Sec. 9. Whenever any person shall obtain
the benefit Of the insolvcnt acts Of this State,
all original writs and executions, on causes
of action originating before the prcferring of
his petition, may issue against tho goods and
lchattcls. and real estate Of such person, IN
the same manner ns original wrts might issue
against such person II he was out of the State
or concealed therein, and had not obtained
the benefit of said act.
Sec. 10. So much Of any former laws as
requires debtor on taking tho oath prcscri-
bed IN said seventh section of the act for Tic
relief OF poor persons imprisoned for debt, Ia
leave n note or notes with the jalcr, Tor the
use Of the creditor for the debt or costs. and
,o much of all former laws. as is inconsistent
herewith, is hereby repealed.
II True copy witness:
] HENRY BOW En-, Sec'y.