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LHtfCUT rv 2 D E ? A X T RTCSrT,
Lcuijvilie , January 2, i 302.
ORDERED, That the Ad
entitled, “ An ad, to
carry into effcCl the feventh fec
tion of the fourth article of the
conftitution,” bepublifhedin the
Louifvillc Gazettes for the in
formation of the citizens of this
A ate.
Geo. R. Clayton,
Secretary .
Jin ACT to carry into effect the
feventh Jeflion of the fourth
article of the conftitution.
T A 7 HERE AS in and by the
V V faid fedion, it is declared
rf That the perfon of a deb
tor, where there is not a ftrong
prefumption of fraud, fhall not
be detained in prifon, after de
livering up bona fide, all his ef
lare real and perfonal for the
life of his creditors, in fuch
manner as fhall be hereafter re
gulated by law.” And Whereas
The manner of delivering up
fuch eflate has not been hereto
fore regulated by law, in con
formity to the laid feventh fec
ticn:
Sec. i. Be it therefore enabl
ed by the Senate and Houje of re
prej'entatives of the State of Geor
gia in General Affcmbly met and
by the authority of the fame, T hat
immediately from and after the
palling of this ad, any debtor or
debtois charged in execution,
or imprifoned for any fum cr
fums of money, fhall and may
petition one of the judges of
the fupenor courts, if the ex
ecution oi capias ad jatisfacien
dum iflued therefrom, or the
juftices of the Inferior 'ourt if
it iflued from thence, fetting
forth that he, (lie or they are
fo confined, and are unable to
fatisfv the execution or execu
tions by virtue of which they
arc detained, and are alfo willing
to deliver up all their ellatc,
real and perfonal, for the ufe of
their creditors ; and upon fuch
petition the laid judge or juf
tices may, and are hereby re
quired, by order or rule of the
court, to caufe the debtor to be
brought up, and the feveral
creditors at whole fuit he Hie or
they are charged or imprifoned,
as afore faid, ami alfo all thofc to
whom the faid debtor or debtoi s
fhall or may be then indebted,
to be fummoned to appear per
fonally, or by their attorney, at
a day to be appointed for that
purpofe, upon which day the
debtor or debtors fhall produce
bis books of account, if any he
kept, which fummons or notice
fhall be ferved on each of the
faid creditors, or left at their
notorious place of abode if they
refide within this Hate—or if
they refide without the Hate,
then upon their attorney—and
if no attorney, then to be pub
lished in one of the Gazettes of
Augufta or Savannah, at lead
two months before the day
appointed for fuch appearance,
and upon fuch, if any of the cre
ditors fummoned refufe or ne
gleft to appear, upon affidavit
of the due fervice offuch rule or
order, the court fhall, in afum
mary way, examine the matter
of fuch petition, and the fuggef
sons of fraud* if any, and if up
on’fuch examination it fhall ap
pear to the court, that the deb
cor is really and lona fide infoi
vent, then fuch perfon (hall de
liver to the court a fchedule of
all his real and perfonal eflate,
debts, credits or effects, and
fhall take and fubferibe the fol
lowing oath, viz.
“ I, A. B. do folemnly fwear,
(or affirm as the cafe may be)
in the prefence of Almighty
God, that I am not poficlled of
any real or perfonal tftate,
debts, credits or efleCls, fecuri
ties or contracts whatfoever,
my wearing apparel, bedding
for myfelf and family, and the
working tools or implements of
my trade or calling, together
with the neceflary equipments
for a militia foldier excepted,
other than are contained in the
fchedule now delivered, and
that I have not, direClly or indi
rectly fmee mv imprifonment,
or before, fold, leafed align
ed or otherwTe difpofed of, or
made over in truft for myfelf or
otherwife, any part of my lands,
eftates, goods, flock, money,
debts, fecurities or contraCT,
whereby any money may hereaf
ter become payable, or any real
or perfonal eflate, whereby to
have or expeCl any benefit or
profit to myfelf, my wife, or my
heir—So help me God.”
And upon the faid debtor
having taken and fubferibed the
afore faid oath, the court fhall
order the fhenff or jailer to
difcharge the faid debtor from
confinement on account of the
matter contained in his petition,
and fuch order fhall be a diffident
warrant to the fherifr, jailer, or
keeper of fuch debtor, to dif
charge the faid debtor, if detain
ed for the caufes mentioned in
his or her petition,and noother;
and he is hereby required to
difcharge and fet him or her at
liberty forthwith, the debtor
paying his or her fees, nor fhall
the fherifr, jailer, or keeper of
the faid debtor, be liable to any
aClion ofeicape, or other fuit or
information upon that account,
Provided, That no perfon fhall
be permitted or entitled to take
any benefit or advantage of this
aCt, who has, within twelve ca
landcr months, loft at any one
time, by any fpecies ofgaming,
the fum of one hundred dollars.
Provided alfo , and be it further
enabled, I hat if any fuch per
fon who fhall take inch oath as
aforefaid, fhall, upon any indict
ment for perjury, in any matter
or particular contained in the
laid oath, be conviCled by his or
her confeflion, or by verdiCt of
twelve men, as he or fhe may be
by force of this acl, the perfon
lb conviCled fhall Hand in the
pillory for the Ipace of two
hours—be imprifoned at the
diferedon of the court, not ex
ceeding twelve months, and fhall
never after have the benefit of
this aft, and fhall be for ever
after incapable of being a wit
nels in any court of juftice, or
fervingas a juror.
And be it further enabled. That
each and every debtor fo dif
cbarged as aforefaid, Hiall never
thereafter be arrefted or impri
foned, by virtue of any exccu
tionformed upon any judgement
obtained* or hereafter to be ob
faftefl, upon any cletrt or con
tract before that time entered in -
to by the (aid debtor, to any
creditor fo notified as aforefaid ;
neither fhall any debtor fo dil
charged as aforefaid, bearrefted
or held to bail on mejne pro cejs\
for or on account of any debtor
contrad entered into prior to
their difeharge as aforefaid, and
any creditor lb notified as afore
faid, who fhail caufe the perfon
of any debtor fo discharged as
aforefaid to be arretted, know
ing of fuch difeharge, fhall for
feit and pay the fum of Five hun
dred dollars, to be recovered by
bill, plaint or information, in
any court having cognizance
. • cj o
thereof, one half to the ufe of
the other creditors of the faid
debtor, and the other moiety to
the foie ufe of the faid debtor,
of which his creditors fhall have
no part or benefit, Provided,
That nothing herein contained
fhitll prevent any creditor to
have execution at any future
time again ft the property both
real and per Tonal of fuch debtor
or debtors.
And he it further enacted ,
That if any perfon fhall difeo
ver and give information of any
property embezzled or conceal
ed by any debtor as aforefaid,
previous to his difeharge, or not
included in the Ichedule fo de
livered in as aforefaid, luch per
Ton fhall be entitled to one half
of the value of fuch property,
upon its being eftabllfhed that
die fame was the property of the
faid debtor, and embezzled, fe
c re ted, or not included in the
fchedule as aforefaid.
And he it further enabled,
That the property contained in
the faid fchedule, prefented to
the court by fuch debtor or
debtors, fhall be delivered into
the hands of the fieri ft' of the
county in which fuch debtor or
debtors may have been confined,
who fhall make fale thereof,
agreeable to the law regulating
merifPs Tales within this ftate,
and if any part of the property
fo g.ven up fhall confift of
judgements, bonds, notes, con
trails, fecurities, mortgages,
liquidated demands or open ac
counts, the court fhall order the
fame to be afiigned over by faid
debtor or debtors, to fome fit
or proper perfon or perfons,
whom a majority of the credi
tors fhall nominate to the ufe of,
and intruft for fuch judgement
creditors, which, when collect
ed by the faidtruftee or truftces,
together with the money which
may be in the hands of the fhe
rifT, arifing from the fale of any
property of any fuch debtor or
debtors, fhall be fubjcCt to the
further order of, and after the
payment of the colls and char
ges, fhall be diftributed by the
faid court agreeably to the laws
within this ftate for the payment
of judgements and executions.
And he it further enabled ,
That the faid truflee or trullees
fhall proceed without delay, to
colleCl all the debts See. fo
transfered as aforefaid, either by
lint or othervvife, which, when
colleCled, fhall be paid by the
faid truflee or truflees into the
clerk’s office of the faid court,
and the faid truflee or truflees
ihalj have and receive five per
. t . J»
centum on all monies fo col!es>-
ed by him or them, as a com
penfation for his or their trouble
and txpences in collecting the
fame. And any truffee or truf
tees, who (hail fail to pay inte
court any money by him or them
collected as aforefaid, fhali be
fubjeCt to the fame punifhment
for contempt, and to the fame
mode for the recovery of the
laid money, as fheriffs are liable
to by the laws of this date.
And le it further
That when any perfon or per-*
Tons, who now are, or hereafter
fhali he committed for any
debt or damage whatsoever, and
fhali not be able to fatisfy and
pay his ordinary prifon fees, fuel*
fees fhali be paid by the perfon
at whole inflance fuch info! vent
perfon ma\ be confined.
David Meriwether, S peaks*
of the Ih ufe of Reprefentatr’es*
Jo onJ on ts, Prejident vj tb*
Senate pro tempore.
AfTented to December 5, 1801,
Josiah Tattnall, fun.
Governor,
*Bp
TO THE PUBLIC,
A NEW M A P
OF THE
STATE OF GEORGIA,
IT A VING been freq uently
1 fob cited by my friend*
in this and other hates, to pub*
hfh a MAP of GEORGIA—*
I have devoted much time and
labour for thefe fix years pafi
to that objeCt ; and having ac«
quired fuch materials as 1
prove of, I fhali be prepared ia
a fhort time to offer to thenj
and the public, a Map, which,
from its accuracy, I have the
bcfl hope will meet With general
approbation j and that I fhali
fee are to myfeif (through the if
bounty) a hand fc me emolument*
as a reward for my induffry and
perfeverance. ‘
The fize of the above men-*
tioned Map is 4 feet 6 inches*
by 3 feet 6 inches—fufficicntiy
large to exhibit the foundings
of the feveral Bays and Inlets,
and render it of ufe to Mariners.
It will be placed in the hands of
an Engiaver within the term of
four months from this elate,
where Plates will be prepared
with all pnffible expedition.
A number of copies will then,
he flruck off* under my own
fupenntendancy in the Town of
Louifville, and circulated thro’
the various (fates, where I'ub
feriptions may have been tb*
tamed. Price for plain Map*
5 dollars ; and for thole can
vafled and elegantly ornamented
8 dollars.
Subfcriptions will be received
in Louifville, at the Surveyor
General’s Office, Treafury Of
fice, Secretary of State’s Office*
Poft-Office, and Loulfvillo
Gazette Printing-Office. —Ac
Wafhington, Wilkes County*
by Gen. Meriwether—At Spar
ta, by Martin Martin, efq —*
In Auguffa, at the poff-
And in Savannah, by Majoft
Thomas Johnfon.
DANIEL
Surveyor General,
Surveyor General’s Office^
Nov. 25, i8oi«
