Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1848-01-20
The following synopsis of Mr., GALA


ment for debt, we copy from the Baltimore
Sun:
The first section provides that no person
shall be held to bail for deb. over $50.
unless the creditor shall, by affidavit, eshew''
that the debt was frauduently contracted.
or that the debtor is conceallng his proper
~ or about TO remove it from the State. or
about TO abscond himself.
The second section requires the affidavit
to set forth the particulars of the claim, and
the grounds of the alleged fraudulen. matter
or purpose charged. ,-.
The third section provides the judicial au-
lhority, embracing, condilionally, all judges
of courts, before whom the defendant NAV
have the affidavit tested as to the truth Of
the allegations contained therein; the ex-
animation extending to the plaintiff on oath,
and any Witnesses by either plain
tiff or defendant, attendance to be enforced
as usual; if, on inquiry, the decision shall
be against The sufliciency of the affidavit, the
defendant shall be discharged from arrest,
upon the judge entering his appearance or
authorizing an attorney to appear for him.
The fourth section relates merely to the
rule and action of the court Of justice, in
case no appearance should be entered by at
torney, and requires procedure on the call
Of the case or return Of the process, the same
as if such appearance had been entered.
The fifth section confers the right upon
the plaintiff to file petition calling upon
the defendant to discover his property,
means in possession, action or expectancy,
real or personal, and all particulars relating
thereto, and also, all liabilities; and requires
the defendant to answer, under oath, by an
assigned day and in default, provides that
he shall be liable to attachment and held in
custody until he complies the court being
authorized to pass such rules as may be me-
cessary to enforce sufficient, full and proper
answers.
Section the sixth provides that no capias
ad satistaciendum shall issue, except for
cases in which the fraud or wrongful con-
duct Of the defendant shall have been proved
and found by ajury, or adjudged on the les
timony by the court at the trial or second
ly, in cases now Instituted, in which such
fraud or wrongful conduct shall be proved
against the defendant; or thirdly, in cases
in which, after judgment, the court shall be
satisfied that the defendant has conveyed "a
way, disposed of or lessened his property,
or is about to remove such property from
the county or State; in these cases, second
ly and thirdly, however, the defendant shall
have the right, on the issue of the capias, to
demand trial Of the matters charged; and
the court shall order the sheriff to summon
a jury, on whose finding the capias shall be
ordered or refused; in no case shall such
capas issue unless the original debt exceed
fifty dollars.
Section the seventh excludes females from
all arrest.
Section the eighth provides that the act
shall 60 into operation Immediately after its
passage, and that all persons who have been
held to bail in cases for claims under fifty
dollars, shall, upon application to the courts
of justice issuing the process, be discharged
on ordering or authorizing an appearance
and in other cases, also, and here we give
the words, for the puzzle is too deep for us,)
assigned, on affidavit, or inquiry as afore-
said determined sufficient and true shall be
filed as required by this act as aforesaid''
The ninth section provides for the filing Of
the affidavit; the tenth prohibits the appli-
cation of the act to any existing contract,
(although we understand the second excep-
ton Of the sixth section to apply directly
thereto y the eleventh and last section pro-
vdes that the act shall be in force from and
after the 10Th of March ensuing; in confic.
with the first section, which sets forth with
the terms that ''from and after the passage
of the acl'' it shall be in operation; Mr..
Gallagher's experience being no doubt sufi-
cienl to convince him that the "passing' of
bills is generally left to be huddled together
at the close of the session.