Clothing for poor prisoners.

contained in his schedule is produced and delivered to the assignee of such prisoner, if it be, or has been, within the power of the pris oner to deliver the same since the time of his arrest.

SEC. 33. Poor prisoners shall be furnished by the County Com1842. XI, 226; missioners, in their respective Counties, with necessary clothing, the cost thereof to be defrayed out of the fines and forfeitures collected in their Counties.

1869, XIV, 274,

22.

Creditor authorized to dis

&c

lation, p. 216.

SEC. 34. Every creditor in this State who may have taken, or charge debtor, shall take, in execution, the body of any debtor, by order of a com1815, VI, 1 1. petent Court, shall be, and he is hereby, authorized, with the consent Miller's Compi of such debtor, to discharge him from his arrest, and suffer him to go at large, without disparaging or weakening the force of his judgment: Provided, nevertheless, That the granting the said indulgence shall in no wise incapacitate or prevent the plaintiff from afterwards issuing executions against his property, on the said judgments.

What property

passes by assign

vent debtor.

1759, IV,88,21;

Rich., 395; 3

SECTION 1. By virtue of the assignment of a petitioner for relief ment of insol- as an insolvent debtor, as provided in Chapter CXXIII of this Act, all property, real or personal, in possession or in action, then be 1 MeM., 373; 1 longing to the petitioner, whether included in his schedule or not, M.C, 52, 247, 4 shall pass to his assignee, and may be taken possession of or sued for by him, naming himself as assignee. And, to such action, no release of the insolvent, or of any one claiming under him, shall be or constitute any bar.

McC., 509.

Assignees to

creditors, &c.

SEC. 2. The person to whom the said assignment is made, shall be trustees for be trustee for all and singular the creditors of the said petitioner, who are willing to come and receive their dividends, and who shall, within twelve months after his discharge, deliver unto the said

1b, 89, § 3.

trustee, an exact account, upon oath, of the several debts and de

mands to them owing.

tees.

Ib.

SEC. 3. The said trustee, after having sold the said petitioner's Duties of truslands and effects and collected the several debts due to him, (which they are hereby required to do with the utmost expedition,) shall thereout first satisfy and discharge the costs of suit and other costs and fees provided for by Section 12 of Chapter CXXIII of this Act, and shall next deduct and retain, in his own hands, a reasonable recompense for his trouble in executing the said trust, to be fixed and allowed by the Court by whom such person was appointed trustee. And such trustee shall, within one month thereafter, divide the remaining balance of the said estate among such of the creditors who deliver in the amount of their demands within the time aforesaid, according and in proportion to their several and respective debts, first giving three months' public notice of the time and place when and where such division is to be made.

Division of debtor's estate.

made every six months, &c

Ib.

SEC. 4. In case it shall happen that the whole of the petitioner's Dividend to he estate shall not have come to the hands of the said trustee by the time prescribed for making such division, then such trustee shall, at the end of every six months thereafter, make a dividend of so much of the same as shall come to his hands, among such creditors as aforesaid, until the whole shall be received.

debts are to be

Ib., 4.

SEC. 5. Judgments and executions shall be paid in their order, Order in which out of the proceeds of the property on which they constitute a lien; paid. and mortgages, out of the proceeds of the mortgaged property; and such and so much of the judgments, executions and mortgages as remain unpaid, and all other debts, out of the property free from liens, rateably and in proportion.

mortgage debt,

SEC. 6. No payment shall be made to any judgment or mortgage Judgment and creditors without an affidavit of the sum really and bona fide due, made and rendered to the assignee.

Act, shall

&c.

Ib., 23 4. 5.

1 McC., 375.

ors not to plead statute of limi

tations.

1b.. 91, 10; 1

Bay, 429; 1 N.

& Mec., 109;

Sp-ars, 244; 7

SEC. 7. No person who has taken the benefit of the provisions of Insolvent debtSections 9 to 16, inclusive, of Chapter CXXIII of this ever afterwards plead the Statute of Limitations of this State, in bar to any action that may afterwards be brought against him by any person or persons that were his creditors, for any demand or Dudley, 244; 1 cause of action that existed at the time of exhibiting the petition Rich., 43. for the discharge of the said person when in custody. And in case the Statute of Limitations shall be pleaded by any such person or persons, the said plea shall be set aside by the Court where such action shall be brought, upon motion made by the plaintiff or his attorney in such action, upon producing the record of his discharge as an insolvent.

Proceedings to

be takea by creditors not willing to accept dividend, &c. Ib., 92, 11.

If debtors con

ceal debts due

SEC. 8. Whenever any person in custody shall once petition for his discharge, the creditor or creditors of such persons, by note, book account or contract, not willing to accept a dividend of such petitioner's estate, in order to perpetute the testimony of his, her or their demand, may be at liberty to prove the quantum of the said demand or balance due from, or against, such petitioner at the Court when such petitioner shall apply for his discharge; and a minute or certificate thereof shall be entered with the Clerk of the said Court of the sum or balance due to such creditor or creditors; which minute or certificate shall thenceforth be good evidence of the sum so certified to be due from the said petitioner, and shall thenceforth be deemed as an account liquidated and stated, and recoverable as such against the said petitioner, his executors or administrators, without further evidence than the said certificate of the said Clerk of the Court; and against which debt or demand, or any action for the same, the Statute of Limitations shall not be a bar, nor pleadable.

SEC. 9. In case any insolvent debtor, at the time when he shall to them, persons render an account of his, her or their estate, shall conceal any debts to pay to the as- that may be owing to him, it shall not be lawful for the person or

owing the same

signees.

Ib., 93, 17.

Debtor obliged to assist trust e, &e.

Ib., 91, § 19.

In what cases plaint ff shall be

persons owing such debts to pay the same, or any part thereof, to or for the use of such insolvent debtor; but such person or persons shall be, and are hereby, made liable to pay such debts, and every part thereof, to the assignee of such debtor, for the use of his creditors. And such assignee may sue for the same in his own name; in which suit, no release of such insolvent debtor, his executors or administrators, or any trustee for him subsequent to the rendering such account, shall be any bar.

SEC. 10. Every insolvent debtor, who shall make an assignment of his estate, in trust for the use of his creditors, shall be obliged to assist thetrustee at all times when thereunto required, in the recovery of the debts assigned, and in every other matter which shall be thought necessary for the benefit and advantage of the creditors; and, in consideration thereof, such trustee shall have power, and he is authorized, in all cases where he shall be of opinion such insol vent debtor has acted justly and honestly, to make him such allowance for the subsistence of such insolvent debtor and his family, (if any he has,) as the said trustee shall think meet: Provided, That such allowance do not exceed five per cent. of all the money received upon such insolvent debtor's account.

SEC. 11. Where any person shall be taken on mesne or final proliable for mair-cess in any civil suit, and, from inability to pay the demand, debt or damages, or find bail, if committed to the jail, and such person has no lands, tenements, goods, chattels, or choses in action, whereby

tenance of debtor, &e

Proviso.

Ib., § 20; 1817,

699

46. § 30. 2 N. & McC.. 377; 4

VI, 66; 1839, XI,

rec, 508: 3 Bil, 422; 2

Brev., 291, 391:

Spears, 400;

his maintenance in jail can be defrayed, the plaintiff, or person at whose instance such party shall be imprisoned, shall pay and satisfy the same; and if such person, or his attorney, shall refuse or neglect, after ten days' previous notice, to pay, or give security to pay the Dudley, 71; 2 same, when demanded, the Sheriff, or Jailer, in whose custody such MM., Strob., 161; prisoner is, may discharge him from such confinement: Provided, Rich., however, That such prisoner shall, before he is discharged, render, Rich.. 228. on oath, a schedule of all his estate, and assign the same.

340

363:

323;

3

6

allowed to per

concealed es

SEC. 12. Any person who shall, within twelve months after the Fifty per cent. discharge of any such prisoner, voluntarily come in and make a son discovering discovery of any part of such debtor's real or personal estate, sub- tates, sisting at the time of his swearing off, as shall not be comprised in 1759, V, 93, 18. his schedule, shall be allowed after the rate of fifty per cent. out of the net produce of such estate so discovered, and which shall be recovered on such discovery, to be paid by the trustee or assignee of such debtor's estate and effects.

TITLE VII.

OF LEGAL NOTICES AND FEES.

CHAPTER CXXV. Of the Publication of Legal Notices.
CXXVI. Of the Fees of Certain Officers.

SECTION 1. It shall be the duty of the Attorney General, the Comptroller General and the Secretary of State, conjointly, to designate, by public notice in one or more newspapers in this State, in which all legal notices, advertisements, or publications for the State, of any and every character required by law to be made public, shall be published; and further to designate a proper number of newspapers for the several Counties of this State, in which

The Attorney General, Comp

troller General State to designae papers.

and Secretary of

1870, XIV,351,¿1.

State and County office's

pers designated.

Ib., 22.

all legal notices, advertisements or publications, for the County or Counties for which, respectively, each paper shall be designated, of any and every character required by law to be made public, shall be published; and said Attorney General, Comptroller General and Secretary of State, shall have power to make such changes and new designations, from time to time, as they may judge the public interest requires.

SEC. 2. All State and County officers, and other persons, are to publish in pa- hereby required to furnish to the newspapers designated under this Chapter, for the State and for the respective Counties, for publication, all legal notices, advertisements and publications, of any and every character required by law to be made public; and no legal notice, advertisement or publication required by law to be made. public, shall have any valid force or effect unless published in the newspaper or newspapers designated under this Chapter; and no publication, of any character, in any newspaper not designated under this Chapter, shall be paid for from the funds of this State, or of any County: Provided, That the said officers mentioned in Section 1 shall have power, in cases requiring unusual publicity, to order publication in such newspapers, in addition to those designated under this Chapter, as by and with the advice of the Governor they may select; and bills so incurred shall be audited and paid in the usual manner.

Payment.

Fees of officers.

1870, XIV,398,21.

SECTION 1. The fees which the several officers hereinafter mentioned shall be authorized to receive in the several cases herein specified, respectively, shall be as follows, viz: