Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1840-04-25
An AtsJ.
~. aE.EsA i.uusisau tsstt E,F ytehf,

~ abolish fwpstssn sasnt Nv deMs
sps Il, ts il enacted ty Tie Senate and Hssse
II tisp,s ssst al ves nj The State 1t louisiana IN
general assembly convened Tiat the vii Of eas
pias aa satisfacitaaam bs aud The same Il here
by stieiisi,eJi
SEQ III DE- II fsHtet enacted, ete. That stti4
a,p. tAa hundred and twelve ard twv bundled
and fourteen uf tbs eetls Ut l~tssties be and The
same are hetebs 80 amended, that Ia sbatls The
creditor 10 attest 4 dabisf. Il shall be necessary
ff the creditor. his agent af attorney ~ swear
thai lie verify believes Nh Al The said lehtat Is asyBt
10 dypaa TEL tssnen,ly from The State. without
leaving Ia IL sufficient property 10 satisfy bis de-
fespJ and iastiy, that he dtes not tsAs this oath
viii The intention VI sesibs tis ilvfpndahia
See gi b. |, further enacted, etess 1bst IN VI
eases If arrest under stit III atfssi, The eahdis
tien u lhe bind shall he tsat Tie -sFuiiiy shall
be ,espva sibts III ease The principal falls W pty
HE judgement obtained sgaiast hin, aiid tile ftaits
tuT shall he entitled " judgment sgsiist The ss.
eufiiy In such 6tlis aiiyn 81 lbs tsttf8 ef me
uap,tty fani' OH The win " Hsti jstfas, on
giving leu days neiiee ~ such security ~ ptvsi.
det Nv Law.
Bee 4th b. !. fut,he, enacted etc. That no
Jpttst shall hptsslef b. held III Imprisonment
sudes 4 wit ot arrest, fyt 4 ssstfi sseseaiha Three
months pfs,id.d lin. II tbs dehtpf reside with
In tbp STATE Of Louisiana he shall al The espita'
lion Of suel, lime, if ~ required by the eef,plsins
i,ia creditor, he efl.fpd BY the cout. 10 surrender
his property 10 his creditors; which afdst shaIi
BIZ fepd ftd oil The veiltivi Of The ssid tfsdituf,
settling forth The rsais and stating under oath That
he has tsassa 10 bpiisve that such dstiuf, II pes
sesseL Of ptopt ny 1T ASSETS which may be made
available u his efe iitefs, shd such deltof shall
uot he discharged ffom imprisonment sntil be
| shalt have filed III its eoaft fen which the OF.
DEF of aftss, issued q schedule Of his affairs and
surrendered his property 10 bis creditors. and
that saii schedule shall be made and I'll The pro-
~eeplihas Ii, such surrender shall be had and cot.
dusssi In ev6fst unity With The provisions Of ihe
act entiiisd An set fuf The trtisf uf ~i6sulvstii
dsbiefs IN aetpal e~ustndy, aud In establishing
ptispn bounds fpt The pubic jail and fur otbs'
putpss . approved March sb.b isUa, and Of ttt
arts auendatety Of snd supplementary 10 ssit
ae., and The pfasisiahs II this set,iah shall apfl,
10 debtors nov III imprisonment ui,ler wits If ~
test.
see 9th BIZ i, further enacted, e,s, Tbs. ahen
sysf o. insfe HDsl Judgments, vael, for 4 siii
exceeding thee hundred dollars, shall have beet
rendered aasiasi a debtor and execution issns,
thefsuD and returned no property foun1' and th'
t%taih,iirs shall Unite IN . petiiinB setting fgttl
under oath ibat they have fshseh 10 believe Tin
The defendant has property, fights OF Hssets .
ssns description within the Stats Of f~.eii-iaa'
which H,ay te made a~vaiiatie 10 his ~cfeji.afs tn
eeuH sl.aii etiut such dsfpndsnt 10 sh6w esns
Within leu day, why he sheuli nats ray The ant
ol such judgment, OF IN default Of stsh juaathFb
Why lp shsala hs, nake n surrender 10 bic eied
iists, and III ease raid Judgments are nut Statistic
OH OF before The return day II said etdef 10 sles
cause, tbs eauft taay II satisfied with The show
Ing, render Judgment on said petition ,efJetine III
defend AMI 10 file In eaaf, within d reasonable lin
IL le fixed by tho eeut,, a schedule u bis eilaif
and The surrender Of his pfplufiy III his efeii,efs
which schedule shall In VII tbinas bs made eeti
t.tuisbly with ti,a laws ssy In free relative 4
The VI, IL stnfy surrender Of property. and all III
ptueeedih. = that In such matter shall be eendee
led a. ~tt,,il.d .sr by said lassj provided tha.
.peh lad ,nent. si,at' have be. n rendered By III
city eoat, II New f~fissrs, The Judgment credits
ofs shall address their ~rs,s'ian either 10 ,he par
i.h, district of commercial eostts.
Hsa 1h De Il further enacted. etc. That |
case such debtst shalt fail Of Hfuse 10 eetnfi.
with the judgment Of the eeuf,, efdetiog fue'
.utfendef ai,hib the delay 6sej, the court shai
on motion order such 4, bter 10 pti-en there 10 fe
mai, until hs shall have epmplisd with sael
jud iment. 4
SEQ Tth De Il further enacted, etc. That II
ease any debtor ~he shalt have surrendered hh
property under this, at any other act shall be con
,ie,eJ of fraud. he shall be sentenced by the enuf
to suilsr imprisonment tst y term net exceeding
three years.
See 9Th De |, further enacted. ste, That al
debtors new In actual custody shall he discharge,
thsfeftem on the tenth May eighteen huhdts,
aud fttty provided that there bs no charge o
ftuud pending and undecided against them pro
sided further thu, when a debivf has not bee,
convicted of fraud. a charge Of fraud tnay ell
be made aaaiast him.
See OH lie /, further enacted, etc, That n
citizen Of another State shall hereafter he ares
ted ip ibis State, al the suit Of n non.fesiden
creditor. except Ia cases where IL shall DO made |
appear the. the dshiof has ahrsoDded from bis res
idence.
So. 10th De Il further enacted. etc, That II
debtor who has not voluntarily surrendered hi
property 10 his creditors Or has not been proceed
ed asains, for y surrender under the provision
Of this act shall. la violation Of any existing law
have within The year, given al unjust adsao,ag
or pteGrrancc 10 any one OF more Of his creditor
by paymen, or non peyuen. or otherwise, or sha
have anticipated the payment. or provided for th
paymen, Of a debt not due, tho effect whcrst
shalt DO to injure tho con planning creditor 3
shall purchase property for cash, the deliver
whereof shali be made TO him, and then shall se
or dispose Of The samc without paying his vef
dor. or shall remove tho ZANE beyond the reac
Of such sendar, or shalt conceal or cover the sam
In any manner so tina. his vendor cannot rende
the same liable, Tor shall fail to pay over none
received or collected for. Of deposited with hi
for sno,her) or shalt have made a conveyance, {
mortgage, OF pledge Of his property to the p,,
judicc Of ,hc complaining creditor !; any Of sue
fact. shall be held p~resump,ivc evidence Of frau,
liable, however, like all other pfesump,ions, to I
disprosed.
Sec llth Be ii further enacted, etc, That an
r creditor who uadet tho tenth section Of this a.
, may justly believe that he has good cause Of cou
& plant, may apply TO a eompeten, judge. who ma
,hereupen order the arrest aud confinement
B the patty complained Of, until such parry sha