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and shall have remained in close prison within the walls there of, by the space of twenty days, it shall and may be lawf for two justices of the peace, or any one of the judges of the superior courts of this state, either in or out of court, upon petition or petitions of such prisoner, under his or their hands and seals, whereof notice shall be given to the person or persons, his or their executors, administrators, attornies, or agents, at whose suit such prisoner or prisoners shall be imprisoned, to require the sheriff, jailor, or keeper of any prison, within their respective jurisdictions, to bring before such justices of the peace, or judge of the superior court, issuing such warrant, either in or out of court, the body of any person being in prison as aforesaid, together with a list of the several write, mesne processes, and executions, with which he, she, or they is or are charged in the several jails as aforesaid; which warrant every such sheriff, jailor, or keeper is commanded to obey. And such prisoner or prisoners coming before the sa justices or judge (the creditor or creditors, if resident in this state, at whose suit he is confined, being first personally summoned according to the directions by law) if he, she, or they have no visible estate, real or personal, and shall make oath before the said justices of the peace, or judge of the superior court respectively, issuing such warrant, that he hath not the worth of forty shillings, sterling money, in any worldly sub stance, either in debts owing to him, or otherwise howsoever, over and besides his wearing apparel, working tools, and arms for muster, one bed and its necessary furniture, one wheel and cards, and one loom; and that he has not at any time since his imprisonment, or before, directly or indirectly sold, assigned, or otherwise disposed of, or made over in trust, for himself or otherwise, any part of his real or per sonal estate, whereby to have or expect any benefit or profit to himself, or to defraud any of his creditors to whom he is indebted; and if there be no person present that can prove the contrary, then such person, by such court or justices, without form of trial, shall be immediately set at liberty, and shall stand forever discharged of all such debts so sued for, and all costs of suit; but execution may issue against any estate afterwards acquired by such insolvent debtor or debt ors taking the benefit of this act. But in case such person shall afterwards be discovered to have sworn falsely, he shall be indicted for perjury; and if convicted, shall lose both his ears in the pillory, and be liable to satisfy the debt and da mages, and be rendered incapable of taking the benefit of the

law.

The said justices of the peace, and judge of the superior court, respectively, before whom such prisoner or prisoners shall, upon oath, have discharged themselves, when the pro'ceedings are before them out of court, shall put the same in writing, under their hands, and return the same into the court from whence the mesne process or execution issued, there to be kept on record, under the penalty of five pounds, for each judge or justice, for such omission and neglect, to be paid to the person injured by order of the said court.

If any person or persons shall be taken or charged in mesne process or execution, for any sum, and shall have remained within the walls of a prison by the space of twenty days, and shall have any estate, real or personal, and be minded to deliver up his, her, or their effects, to his or their creditors, it shall be lawful for such prisoner to prefer a petition to the court from which such process issued, setting forth the cause of imprison-" ment, and an exact account of his or their estate, and all circumstances relating thereto; which petition subscribed by him, her, or them, and schedule, shall be lodged with the clerk of the court from which such process issued, twenty days at least before the next succeeding court; and upon such petition so filed, the clerk of the said court shall issue, under his hand and seal, a copy of the said schedule, and a notice to the creditor or creditors, at whose suit such prisoner or prisoners are confined, setting forth the substance of the said petition, and summoning them to attend the next succeeding court, to show cause, if any they have, why the prayer of the said petition should not be granted; which notice being duly served upon the person or persons, his, her, or their executors, administrators, attorney, or agent, at whose suit such prisoner or prisoners shall be imprisoned, ten days at least before the sitting of the said court, the court shall order the said prisoner or prisoners to be brought before them; and if the said creditor or creditors at whose suit he is imprisoned, shall appear, or being duly summoned, shall fail to appear, the court shall proceed to examine the nature of the said petition in a summary way, and shall tender to such person an oath, to the following effect:

I, A B, in the presence of Almighty God, solemnly swear, profess, and declare, that the schedule now delivered and by me subscribed, doth contain, to the best of my knowledge and remembrance, a full, just, true, and perfect account and discovery, of all the estate, goods, and effects, unto me any ways, belonging, and such debts as are to me owing, or to any person in trust for me and of all securities and contracts, whereby any money may hereafter become payable, or any benefit or advantage accrue to me or to my use, or to any person in trust for me: and that I

or any other person or persons in trust for me, have not land, money, or stock, or any other estate, real or personal, in reversion or remainder, of the value of the debt or debts with which I am charged in execution; and that I have not directly or indirectly sold, lessened, or disposed of in trust, or concealed all or any part of my lands, money, goods, stocks, debts, securities, contracts, or estate, whereby to secure the same, to receive or expect any profit or advantage thereof, or to defraud or deceive any creditor or creditors to whom I am indebted, in any wise howsoever. So help me, God.

If such prisoner take such oath, and the court be convinced of the truth thereof, the schedule so subscribed being filed with the clerk of the court for the better information of the creditors of such prisoner or prisoners, then and in that case it shall and may be lawful for the court before whom such oath was taken, by warrant, to command the sheriff, jailor, or keeper of any prison, forthwith to set at liberty such prisoner; which warrant shall be a sufficient discharge to such sheriff, jailor, or keeper, and shall indemnify him or them against any escape or escapes, or action or actions whatsoever, which shall or may be brought, commenced, or prosecuted, against him or them, by reason thereof;—and if any such action shall be commenced against any sheriff or other officer, for performing his duty in pursuance of the act in that case made and provided, such sheriff may plead the general issue, and give the act in evidence.

All the lands, tenements, and hereditaments which shall be contained in such schedule for such use, interest, right, or title, as such prisoner or prisoners then shall have in the same, which he or she may lawfully depart withal; and also all goods and chattels whatsoever in such schedule also contained, shall be vested in the sheriff of the county wherein such lands, tenements, hereditaments, goods, and chattels shall lie or be found; and such sheriff is hereby authorised, empowered, and required to sell at public vendue, and convey the same to any person or persons whatsoever, for the best price that can be got for the same, and the monies arising by such sale shall be by such sheriff or officer, upon oath, paid into the hands of the clerk of the superior court of the county where such prisoner shall be confined, for the uses and purposes hereafter mentioned; saving to every such prisoner his or her necessary apparel and utensils of trade, one bed and its necessary furniture, one wheel and cards, and one loom.

The judge of the superior court shall appoint two commissioners, who shall have full power to examine into the claims of all and singular the creditors of the person or persons im

prisoned, as well those at whose suit he was committed, as of all others; and the said commissioners shall by advertiseinent, at the courthouse of the county or in some public newspaper or gazette, make known the time at which they propose to examine such claims (which shall be within sixty days after their being appointed) and upon such creditors, their executors or administrators, agents or attornies appearing before them, and satisfying them of the justice of their claims, they shall proceed to make distribution amongst each and every of the creditors so appearing, in proportion to their respective demands; and the clerk of the said court is hereby directed to pay such monies so received upon the sale of such insolvent's estate, into the hands of the said commissioners, for the purposes aforesaid.

The person of such debtor so discharged, shall never be arrested for the same debt; but execution may issue against any estate which the said insolvent debtor or debtors may after wards acquire.

As it sometimes happens that poor insolvent debtors are a long time confined in jail, for want of knowing to whom to give notice of their intention to take the benefit of the act for relief of such insolvents, where the party at whose suit such debtor is in execution does not reside in this state, nor has any known agent or attorney here to whom he can give such notice, which by the laws in force in such cases is required to be given; which long confinements also happen in cases where debtors have remained in prison twenty days, and the sheriffs or jailors have not known to whom to give notice thereof, or of whom to demand security for their prison fees after the expiration of the twenty days. For the relief therefore of such insolvent debtors, it is further provided, that when the party at whose suit or stance any such debtor shall be confined in execution, does not reside in this state, nor hath any known agent or attorney here, it shall and may be lawful and sufficient for such insolvent debtor, to give notice of such his intention to take the benefit of the said act for the relief of insolvents, to the attorney at law who prosecuted the suit against him; and also where the debtor shall have remained in execution for the space of twenty days, it shall be lawful and sufficient for the sheriff or jailor, in the like cases, to give notice thereof to the attorney who prosecuted the suit, and to demand security of him for the prison fees that shall arise after the expiration of the twenty days; and if he shall fail or refuse to give such security, then to discharge such debtor out of custody.

If at any time hereafter any person being taken or charged on mesne process or execution, shall not be able to satisfy or pay his or her prison fees, such person shall, after the expiration of twenty days, be discharged by the creditor, and the sheriff or jailor may demand or recover of the party or parties at whose suit such insolvent person shall be imprisoned, all such fees as shall become due on account of such imprisonment.

If any person who shall take such oath, shall, upon indictment of perjury, be convicted thereon, he shall suffer all the pains of wilful perjury, and shall be liable to be taken on a new process, and shall never after have the benefit of the law.

Where an oath is required, the solemn affirmation of a quaker shall be taken in lieu thereof; and every person convicted of wilful and false affirming, shall suffer the like penalties as for wilful and corrupt perjury.

By acts of 1810, c. 20, the laws now in force in this state granting any privilege to insolvent debtors, are hereby extended to all free persons of colour, under the same rules, regulations, and restrictions, to all intents and purposes, as the acts now are to insolvent debtors.

INSPECTION.

TOBACCCO.'

Annually at the first court to be held after the first day of June, in any county where tobacco inspections and ware houses were established on the fifteenth November 1777, the county court shall appoint two discreet men to be inspectors thereof. And where the inspectors at any warehouse, disagree in their opinion of the quality of any hogshead of tobacco, or when the tobacco to be inspected is the property of one of the inspectors, then another sworn inspector from the nearest warehouse, or justice of the peace, shall be called and shall decide, and receive or reject the same. And where any inspector shall die, or be rendered by sickness or accident, unable to attend his duty, then any three justices of the county may appoint and swear in any proper person to act as inspector until the disability of the other be removed.

The inspectors shall give bond and security, to be approved of by the justices appointing them, in 1,000l. with condition that they shall respectively execute the office of inspector of tobacco, faithfully and truly, according to law. Which bonds shall be renewed as under the title Bonds. And they shall take an oath; for which-see Oaths.

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