Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1853-03-09
CHAPTER j
AN ACT 10 Facilitate the Recovery of Debts due
from non-resident Debtors


AN ACT 10 Facilitate the Recovery of Debts tu,
from nonresident Debtors.
SEC. l.. Be IL enacted by the GeneruL Assen.blu n
the STATE Of North Carolina, and it Is hereby eauckel
By the authority Of The same, That hereafter wher
any debtor who resides beyond the limits of thi;
Stale, shall have any personal effects in the
hands ofany executor, administrator trustee in this
State, it shall be lawful for any creditor of said non
resident debtor, to file bill in equity against the said
debtor and other necessary and proper parties 10 the
suit, prove his debt upon the hearing IF the said
suit and Obtain decree for the payment of the a
mount of his debt, 10 be satisfied of The said es.
tate and effects and that it shall be necessary in
such cases for the creditor to obtain judgment al
law and issue execution thereon be- fore filing his
bill in court of equity.
SEC. 2. Be further enacted, That no Fl nal decree
shall be made subjectng any estate effects in the
hands of executor administrator to the paymen,
of any debt due from nonresident debtor, until af.
ter the lapse of two years from the time of the quail
ificaon of said executor administrators and that
il shall be the duty of the court whenever any zcree
may be made aforesaid, require of the creditor
TO give such refundIng bond the debtor himself
would have been required give, if he had received
from the executor administer his legacy distri-
butive share.
Sec. 3. Be ii further enacted, That shall he law.
full for the creditor in such cases, TO file his bill be-
fore the expiration of years. and that the said
bill, when filed, shall render null and void any assign
men thereafter made by the debtor. far the said
assignment may tend to defeat the plaintiff in the
collection of the debt for which he may obtain de-
cree.
Sec. 4. Be IL further enacted, That when any de-
shall be made under the provisions of this ACT
gainst any executor administrator trustee, it shall
be lawful for the court in the decree which may be
made In the cause, to require from the creditor full
and ample indemnify, such as the court may deem
reasonable and proper under all the circumstances
protect and defend said executor, administrator OF
trustee against all loss in consequence of said Decree
If said executor, administrator trustee should be
sued by doctor In court of any other State, in which
the said decree might not be recognized binding.
Sec. 5. Be HTurther enacted, That final decree
against trustee under the provisions of this ehal
be made until after the affairs of the are closed
and settled but that the bill may be filed before thai
time, and when filed shall render null and void any
assignment thereafter made far assignment ma
tend 10 defeat the plaintiff in the collection of the
debts for which he may obtain decree.
SEC. g. Be ii further enacted. That decree shall
be made in favor of any creditor under this act un-
ess he shall make it appear to the satisfaction of the
court, that the debtor hath estate effects in tn
State, upon which original attachment might be
levied.
shall be filed under the provisions of this act, ii shall
be required of the plaintiff make affidavit as TO the
truth of the facts therein set forth, according the
course and practice in courts of equity in those
in which bills required TO be sworn TO.
Sec. 8. Be further enacted, That any defendant
in said bill who resides beyond the limits of this State
may be made party by publication, in some news
paper, in the same manner as is usual in courts OF
equity as nonresident defendants.
SEC. 9. Be ii further enacted That this act shall
take effect from and after the date of lis ratification
Read three times and ratified in General Assem-
bly, this 23d day of December, A. D., 1882