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chattels and real estate of said defendant, and shall be Execution
how to islevied 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 attach- anden ment 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.
Sec. 4. And be it further enacted, That upon the trial Petitioner of any petition for the benefit of this act, the petitioner, on the request of any opposing creditor, or on motion of on trial of any member of the general assembly, may be examined ti
eu 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.
Sec. 5. And be it further enacted, That the oath to be Form of taken by the petitioner to his inventory, on preferring a 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.”
Sec. 6. And be it further enacted, That every person Imprisonwho shall be in prison at the time of making the assigned ment of his property and estate as aforesaid, for any debt, ment, to be or upon any contract, covenant, or agreement, for which relea
upon givhis 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
Pindicted for pefor according tooted, That all
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 id.
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. Penalty Sec. 7. And be it further enacted, That if any petitionfor perju. er shall commit perjury, either in his oath required to be ry.
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. Debts to be Sec. 8. And be it further enacted, That all debts or deset off. mands of every nature, arising from any contract, cove
nant 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
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 Sec. 10. Sind 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.
Sec. 11. And be it further enacted, That nothing in this Proceedact contained shall be considered or construed in any in 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.
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
sitting of sembly before which his said petition shall be pending, assembly, for two days prior, and also for two days after the end &o. thereof.
An act for quieting Possessions and avoiding Suits at Law. 1711 °28
'98, 1822. 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:
Section 1. Be it therefore enacted by the General Assembly, Ancient and by the authority thereof it is enacted, That all grants, charters 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
Twenty have been for the space of twenty years in the uninter
08. rupted, quiet, peaceable and actual seizin and posses
sion 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 seiziz and possession being du
ly proved, shall be allowed to be good, valid and effectuThe rights al in the law for barring the same; provided that nothing &e, saved."
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 in rever
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.
Personal actions, when to be commenced.
An act for the Limitation of certain Personal Actions Section 1. Be it enacted by the General Assembly, and by the authority thereof it is enacted, That all actions of trespass for breaking enclosures or closes ; all actions of trespass, detinue, trover or replevin; all actions of 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