Western Sun, Volume 1, Number 27, Vincennes, Knox County, 4 May 1808 — Page 4

An

act for the relief of persons i for Debt.

mprisoned

t. ANY perfon who now is or hereafter fliall be in aclual confinement in any of the jails of this Territory and is willing to deliver to his or her creditors all his or her eftate both real and perfonal, towards the payment.of his or her creditor or creditorsi fliall have leave to prefent a petition to the court of Common pleas, in and for the county wherein he or (he is fo imprifoned

fetting forth the caufe or caufes of his or her imprifonment, together alfo, with a lift, of all his or her creditors, with the money due andarifing to each of them, to the beft of his or her knowledge. 2 The court to whom fuch application is made, are required to name the time and placeat which they will attend to hear what can be alledged for or againft the liberation of fuch debtor ; of which time .and place fo appointed by the court, the debtor fliall caufe notice thereof in writing at leaft thirty days previous thereto to be ferved, or left at the ufual place of refidence of each of his or her creditor or creditors, if refiding within this territory, and have the fame inferted in one of the newspapers of this Territory the rnoft contigous to the place of his or her confinement, if any fuch creditor or creditors "ftiould not refide in the Territory 3. At fuch time and place as aforefaid the debtor fo applying to the, court as aforefaid, fliall fubferibe and deliver a fchedule of his or her whole eftate, and make oath, 9 rod fwear to the effea following, that is to fay : " I, AB. in the prefence of Almighty God do folemnly fwear or affirm (as the cafe may be) that the fchedule now delivered, and by me fubferibed doth contain to the beft of my knowledge and remembrance a full, true and juftand perfeft account, and difcovery of all the eftate, goods and effefts unto me in any wife belonging, and fuch debts as are to me owing, or to any perfon fon in truft for me, and of all fecurities and contracts whereby any money may become payable, or any benefit or advantage accruing tome, or to my ufc,' or to any other perfon or perfons in truft for me, have not land money, flock, or any other eftate real or perfonal in poffeflion, reverfion or remainder of the value of the debt or debts by me due, andthat I have not fince the commencement of the fuits for which I am now imprifoned, or at any day or time, direclly or indiretly,foId leirencd orfotherwife difpofedofin truft, or conceded all, or any part of any lands, money, T goods, flock, debts, fecurities, contracls, or eftate, whereby to fecure the fame, or receive or expcl any profit or advantage therefrom or to defraud any creditor or creditors, to whom I am indebted in any wifehowfocver. Which fchedule being fubferibed in open court, (hall be returned to the clerk of the court, there to remain for thcbencfit of the creditors and after delivering in fuch lcnedule, and taking fuch oath, fuch prifoner fhall be difcharged by warrant from fuch court ; which warrant fhall be fuificicnt to indemnify fuch flieriff or officer againft any efcape or cfcapes, aclions or aflion whatfoever, which fliall or may be brought or profecuted againft him or them by reafon thereof: and if any fuch aftion fliould be commenced for performing his duty in purfu. ancc of this aft, he may plead the general "juand give this law in evidence : Provr t ailV(jy Tliat notwithftanding fuch difcharge,it fliall be lawful for anv creditor

or creditors, byjue'ment at anj? time after fuch ward, tofue out a writ of scire facias to have execution againft the land or tene; meats goods or chatties, which fuch irifolvent perfons fliall hereafter acquire, or be pbflefted of, but no perfon delivering in fuch fchedule, and having taken the oath and been liberated fromprifon, by the provifions of this afcl, lhall be fubjeel to imprifonment on final procefs, for any debts contrailed or for damages accrued for the breach of any contra 1 entered into prior to fuch liberation, unlefs fuch liberation be fraudulently obtained 4. All the eftate which fhall be cbri. tained in fuch fchedule, and any other eftate which may be difcovered, fliall be vefted in fuch perfon as the court of Common Pleas of the county, where fuch prifoner was difcharged, fliall appoint as aflignee: and fuch aflignee is hereby authorized and impowered and required within fixty days after the taking the faid oath, ten days previous notice of the time and place of fale being given to fell and convey the fame to any perfon whomfoever for the beft price that can be got for the fame, and the money arifing from fuch fale fhall by fuch aflignee within thirty days thereafter be paid to the creditor or creditors of fuch infolvent debtor pre rati, according to their refpecYivc debts, faving however to every fuch' prifoner, his or her neceflary apparel, and utencils of trade, and when any debts by fuch fchedule, faid to be due to fuch infolvent debtor, the faid affignee fliallfue for and recover the fameln his own name as affignee of fuch debtor, in any court proper to try the fame : and the faid nflTcrnee fhnl! he n

m ...-..w m m. m mm w mt Toved to retain out of the effecls of fuch r 1 . ,!L i r V tn -i .

iiuuivcui ucuiur uciore me auiriuuuon thereof, all reafbnable expences in recovering fuch money, anddifpofing of fuch eftate as fliall be adjudged reafonable by the court - J 5. If any fuch prifoner as aforefaid flial be convidled of having fold leafed or other, wife conveyed, conceited or otherwife difpofed of, or intrufted his or her eftate or any part thereof, diredtly or indirectly contrary to his or her foregoing oath or affirma. tion, he or fhe fhall not only be liable to the pains and penalties of wilful perjury, but fliall receive no benefit from the faid oath or affirmation, and in cafe fuch prifoner at the time of fuch intended caption, fliall not take the faid oath or affirmation, or fliall not be admitted thereto by the faid. court, he fliall be remanded back to prifon and lhall not be entitled to the benefit of this act, unlefs anew notification be made out and ferved In manner aforefaid, JESSE B. THOMAS, Speaker of the House of Representatives. B. CHAMBERS, President of the Council. Approved September 17th, 1807. WILLIAM HENRY HARRISON.

An Act regulating weights and measures. 1. The fcvcral courts of Common Pleas within this Territory, be, and they arc hereby authorifed whenever they may think it neceflary, to procure for the rcfpecYive counties, and at the expence of the fame, a fet of the following meafures and weights, for the ufc of their county, that is : One meafure of one foot, or twelve in.

( ches, Engiifh meafure, fo called; alfo onb meafure of three feet or thirty-fix inches; Englilh meafure as afortfaid : aifo one halfbulhel meafure for dry meafure, which lhall contain one thbufand, feventy five and one fifth folid inches ; alfo one gallon meafure which fliall contain two hundred and thirty-one folid inches, which measures are to be of wood, or any metal, the court may think proper; also one fet of weights commonly called Avordupois weight; and seal with the name or initial letters of the county inferibed on it. Which weights and meafures fliall be kept by the clerk of each court, for the purpofe of trying and fealing the weights and . meafures ufed in their county. ' w r 5 2. Asfoon asthe court fliall have furnilhed the weights and meafures as aforefaid, he fliall caufe notice thereof to he given at the court houfe door for one month . and any perfon who will knowinclv huv nr

fell any commodity whatfoever, by mea-

iures or weights that fliall not correfpond with the county Weights and meafures, fliall for "every fuch ofTence being legally convicted thereof, forfeit and pay the fum of twenty dollars, for the ufe of the county, where fuch offence fliall have been com. mined, and alfo the cofts to be recovered before any Jultice of the Peace for faid county. Every perfon defirous";of, having their weights' and meafures tried by the county ftandard, fhall apply to, the clerk of the county, and if he finds it correfpond with the county ftandard, fhall feal them with the Teal provided for that purpoie. This aft fhall continue In force, until congrefs fliarf pals a law on die lubjeci; thereof JESSE B. THOMAS, iSJter of the Hotisi of Representatives; B. CHAMBERS, Ssidcnt of the Council.' , Approved ScptembertTtrr, J 807 WILLIAM HENRY HARRISON.

t An Act for organizing a Court of Chancery. , 1, THERE fliall be a court eflablifhedin this territory under the njime and flyleof the court of Ghancerj', which flialt be vefled with and is hereby empowered and is hereby empowered and authorized to exercife all the powers and authority ulually exercifed by courts of Equity. i 2- The court fliall confifl of one Judge, to be appointed and commiffioned by the Governor of the territory, for and, during good behaviour, and the faid Judge fliall receive fuch compenfation, as fliall be allow. cd by law. 3. The faid Judge fliall hold annually, at Vincenncs, two Rated terms, commencing the lall Monday in March, and raft Monday in Augull, and fuch fpeciai termSf at the fame place, as the faid court fhall from time to time appoint. & 4. In all fuits in the faid court, the rules and methods which regulate the prac-

TB0M THE TRESS OF ELIIIU STOUT, Printer to the Indiana.Tcrritory