petitioner exonera ted. Body of act shall be granted by the general assembly, and in which the petitioner shall have complied with and conformed to the provisions and requisitions of the first section of this act, the body of such petitioner shall for ever thereafter be exonerated and discharged from all liability for all and every debt and debts incurred, and from all liability upon any and every contract, covenant and agreement, entered into by said petitioner before the prayer of his petition granted by said general assembly; but such debts, contracts, covenants and agreements, shall not thereby be released or discharged, and the property and estate of such petitioner shall nevertheless be liable therefor: and whenever any person who has obagainst, tained the benefit of this act, shall afterward be prosecusecuted. ted for any debt incurred, or upon any contract, co But his property liable. Suit how pro the dis venant or agreement entered into before he obtained the benefit thereof, an original summons shall issue against him in the ordinary form, and be served in the same manner as though this act had not been extended to him; or an original writ shall issue against his goods and chattels or real estate, (except such as is exempt by law,) he being in the county or State notwithstanding: If plaintiff and if the plaintiff intends to dispute the validity of the disputes discharge of the debtor's body in conformity to this act, charge, he he shall give notice thereof in writing on the back of shall give said writ, which notice shall be read to said debtor, as the writ. part of said summons, or writ, or be inserted in the left at his last and usual place of abode : and upon the Defendant trial of such action, the defendant shall be at liberty to the gene- plead specially the proceedings and discharge under this ral issue. act, or the general issue, and give all the proceedings under this act for his benefit in evidence: and if, upon the trial of said action, the jury shall find by their verdict, Court to or the court shall be of opinion, that the defendant in said render action has in all respects conformed to and complied that body with the provisons and requisitions of this act, the said notice on may plead judgment be dis charged. copy court shall thereupon render judgment, that the body of said defendant be for ever exonerated and discharged from such debt, and the plaintiff recover judgment for the amount of his debt against the goods and chattels and real estate of said defendant: and when the validity of the discharge of the defendant's body under this act is disputed by the plaintiff, if the court render judgment for the defendant, he shall have his cost: and upon all such judgments, execution shall issue against the goods and how to is And how chattels and real estate of said defendant, and shall be Execution levied thereon, and the same shall be sold at public auc- sue. tion, for the payment of said execution, being first duly advertised, as is required by law in other cases of attachment of real and personal estate; and the proceedings served. upon such attachments shall in all respects be similar to the proceedings in other cases of attachment of real and personal estate. may be his peti SEC. 4. And be it further enacted, That upon the trial Petitioner of any petition for the benefit of this act, the petitioner, examined on the request of any opposing creditor, or on motion of on trial of any member of the general assembly, may be examined tion in upon his corporal oath, touching his property, debts and case. losses, and any other matter or thing pertaining to the trial of said petition, and material thereto. oath to in SEC. 5. And be it further enacted, That the oath to be Form of taken by the petitioner to his inventory, on preferring ventory, his petition for the benefit of this act, and also the oath &c. by him to be taken to his inventory, upon his application to the court for the appointment of assignees, shall be as follows, viz: You do solemnly swear (or affirm) that this inventory contains a just, true and perfect inventory and account of all your property and estate of every kind and nature, in possession, reversion or remainder, (excepting wearing apparel ;) and that you have not at any time, directly or indirectly, sold, leased, or otherwise conveyed or disposed of to, or intrusted any person or persons whomsoever with, all or any part of the property or estate, real or personal, whereof you have been the lawful owner or possessor, to defraud your creditors, or any of them, or with any intent or design to secure the same, or to secure or to expect any profit, benefit or advantage therefrom, for yourself or any of your children or family, or any other person; nor done, nor caused nor suffered to be done, any act, matter or thing whatsoever, whereby any of your creditors may be defrauded; so help you God:"--or, " and this affirmation you make and give upon peril of the penalty of perjury." assign SEC. 6. And be it further enacted, That every person Imprisonwho shall be in prison at the time of making the assign-ed at time ment of his property and estate as aforesaid, for any debt, ment, to be or upon any contract, covenant, or agreement, for which released, his body is discharged by this act, shall forthwith be re- ing bond. leased from his imprisonment, provided he shall first give bond with surety, to the satisfaction of the sheriff of the upon giv county where he is confined, conditioned to return to jail again within ten days after the rising of the assembly at which his petition may be finally disposed of, if not grantDebt to re-ed: but the debt or demand for which he shall be so immain val- prisoned, shall remain a legal subsisting debt or demand against his property and estate, to be sued for and recovered as other debts and demands existing against him at the time the prayer of his petition was granted by the general assembly. id. Penalty for perju ry. Debts to be set off. rule. SEC. 7. And be it further enacted, That if any petitioner shall commit perjury, either in his oath required to be taken to his inventory, statement of losses and property, or in his oath required to be taken on the trial of his petition, or in his oath required to be taken to his inventory to be exhibited to the court, on application for the appointment of assignees, he shall not be entitled to the benefit of this act, but shall lose all advantage, benefit and protection thereof; and he shall moreover be liable to be indicted for perjury, and if thereof convicted shall be punished therefor according to law. SEC. 8. And be it further enacted, That all debts or demands of every nature, arising from any contract, covenant or agreement, which subsisted between the petitioner and any of his creditors at the time of filing his petition for the benefit of this act, shall be set off, and the balance only shall be the true debt, whether the same be due to or from the insolvent. Assignees SEC. 9. And be it further enacted, That the assignees and may enter into the creditors of any insolvent debtor, who cannot agree relative to any debt or demand in favor of such insolvent or creditor, may have the matter in controversy between them settled by a rule of court, to be entered in any court in this State; and the award of the referees appointed by said rule, or the award of a major part of them, being accepted by the court in which the rule was entered, shall be final, and the amount awarded shall be the true debt, and if in favor of the creditor shall be entitled to a diviProviso. dend equally with other debts: Provided nevertheless,, That if the parties cannot agree upon a rule as aforesaid, it shall not impair their respective remedies at law. Allowance to insolvent. SEC. 10. And be it further enacted, That the assignees shall allow to the insolvent, out of the property assigned to them as aforesaid, such furniture and bedding, and implements of trade and husbandry, as they may deem necessary for his family, not exceeding in value in any one case the sum of one hundred and fifty dollars, according to the situation and circumstances of the petitioner. affected. SEC. 11. And be it further enacted, That nothing in this Proceedact contained shall be considered or construed in ings under any former manner to invalidate, impeach or impair any proceedings acts not heretofore had, under the act passed in June, A. D. 1756, entitled "an act for the relief of insolvent debtors," and the several acts heretofore passed in relation to such debtors, nor any discharge heretofore obtained in conformity to said acts; but all such proceedings and discharges shall remain good and valid, and continue to have full force and effect, in the same manner as if this act had not been passed. exempt Sec. 12. And be it further enacted, That the body of Petitioners every petitioner as aforesaid shall be exempt from all ar- from arrests in civil actions, during the session of the general as- rest during sembly before which his said petition shall be pending, assembly, for two days prior, and also for two days after the end &c. thereof. sitting of An act for quieting Possessions and avoiding Suits at Law. 171128 WHEREAS at the first settling of this State, and for sundry years afterwards, lands were of little or no value, and skilful men in the law were much wanted, whereby many deeds, grants and conveyances were weakly made, which may occasion great contests in law, if not timely prevented: '98, 1822. confirm SECTION 1. Be it therefore enacted by the General Assembly, Ancient and by the authority thereof it is enacted, That all grants, char- grants ters and conveyances heretofore made by the general as- ed. sembly of this State, unto any town, corporation, community or propriety, or to any other person or persons whatsoever, shall be and they hereby are ratified and confirmed, as good and effectual to all intents and purposes in the law, for the conveying all such lands, tenements, rights, privileges and profits as are therein mentioned, to the said towns, corporations, communities, proprieties, person or persons, and to their respective successors, heirs and assigns for ever. SEC. 2. And be it further enacted, That where any person or persons, or others from whom he or they derive their titles, either by themselves, tenants or lessees, shall make a title. Twenty have been for the space of twenty years in the unintersession to rupted, quiet, peaceable and actual seizin and possession of any lands, tenements or hereditaments within this State, for and during the said time, claiming the same as his, her or their proper, sole and rightful estate in fee simple, such actual seizin and possession shall be allowed to give and make a good and rightful title to such person or persons, their heirs and assigns for ever; and any plaintiff'suing for the recovery of any such lands, may rely upon such possession as conclusive title thereto; and this act being pleaded in bar to any action that shall hereafter be brought for such lands, tenements or hereditaments, and such actual seizin and possession being duly proved, shall be allowed to be good, valid and effectuThe rights al in the law for barring the same; provided that nothing of infants, in this act shall be construed, deemed or taken to extend to prejudice the rights and claims of persons under age, non compos mentis, feme coverts, or those imprisoned or beyond seas, they bringing their suit therefor within the space of ten years next after such impediment is removAlso those ed; provided further, that nothing above contained shall &c. saved. in rever sion. 1795, '98. Personal extend, or be construed or deemed to extend, to bar any person or persons having any estate in reversion or remainder, expectant or depending, in any lands, tenements or hereditaments, after the end or determination of the estate for years, life or lives, such person or persons pursuing his or their title by due course of law, within ten years after his or their right of action shall accrue; any thing in this act contained to the contrary notwithstanding. An act for the Limitation of certain Personal Actions. SECTION 1. Be it enacted by the General Assembly, and actions, by the authority thereof it is enacted, That all actions of be com- trespass for breaking enclosures or closes; all actions menced. of trespass, detinue, trover or replevin; all actions of when to account and upon the case, except such accounts as concern trade or merchandize between merchant and merchant, their factors or servants; all actions of debt founded upon any contract without specialty; all actions of debt for the arrearages of rents; and all actions of assault, menace, battery, wounding and imprisonment, or any of them, which shall be sued or brought at any time |