VoL. VII, No. 30.] PUBLISHED BY TMEODORE H, CREMER. Tmnma. The 1100 Haat." will be published every Wednesday morning, at two dollars a year, if paid IN ADVANCE, and if not paid within six months, two dollars and a half. No subscription received for a shorter pe • riod than six months, nor any piper discon tinued till all arreasages are paid. Advertisements not exceeding one square, will be Inserted three times for one dollar, and for every subsequent insertion twenty five cents. If no definite orders are given as to thetime an advertisement is to he continu ed, it will be kept in till ordered out, and charged accordingly. The New Insolvent Law. An Act To Abolish hnprisonment fir Debt, and lo Punish Fradulent Debtors. Section 1. Be it enacted by the Senate and House of Representatives of the Coon monwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, no person shall be arrested or imprisoned oil auy civil process, issuing out of any court of this commonwealth, in any suit or procee ding instituted for the recovery of tiny mo ney due upon any contract, express or implied, or for the recovery of any dama ges for the non preformance of any con tract, excepting in proceedings as for contempt to enforce civil remedies, actions for tines or penalties, or on promises to marry, on moneys collected by any public 0 officer, or for any misconduct or neglect IC offile, or in any professional employ ment, in which cases the remedies shall remain as heretofore. Provided, That this section shall not extend to any person who shall not have resided in this State for 2S days pi evious to the commence ment of a suit against him. :7 Sec. 2. In all cases where, by the pre- [siding provisions of this act, a party to a suit cannot be arrested or imprisoned ; it shall be lawful fur the party who shall base commenced a suit, or obtained a judgment in any court of record. to apply to any jadge of the court in which the suit shall have been brought for a warrant to arrest the party against whom the suit shall have been commenced, or the judg. ment shall have been obtained, whereupon the said judge shall require of the "aid party satisfactory evidence either by the tiffidavit of the party mucking such applies- Hon, or some other persous, th.it there is a r t . ebt or demand due to the party making ugh application from the other party in the suit, or judgment, in which affidavit the nature and amount of the indebtedness shall be set forth as near as may be. Sec. S. If the demand set forth in the aldavit. be such that the party could riot s,according to the ptovisons of this act be f t arrested, and if the affidavit shall establish 1 . to the saticfaction of the judge, one or more of the following particulars, to wit: That the party is about to remove any of his property out of the jurisdiction of the court. in which suit is brought, with intent to defraud his creditors; Ur, that he has property or rights, in action, which he fraudulently conceals; Or, that he has rights in action, or smite iatereat in any public or corporate stuck, s. "money, or evidence of debt, which he %Ju r' pistil refuses to apply to the payment of ' any judgments, which shall have been ren dered against him, belonging to the corn - plainant ; Or; that he has assigned, removed, or disposed of, or is about to dispose of, any of his property with the intent to defraud hie- creditors; • ~. Or, that he fraudulently contracted the 4"'" * debt, or incurred the obligation, respect ing which suit is brought • It shall be the duty of ihe said judge, to issue a warrant of arrest in the form fol lowing to wit : Sec. 4. County es. The Commonwealth of Pennsylvania. to the Sheriff, or any Constable of coun ty, Greeting: Whereas, complaint has this day been made, '3efore me, on the oath (or afhrina lion, as the case may be,) of (here insert the name of the party making the affidavit) setting forth (here briefly set forth the omplaint.) These are therefore to continent] you to rreet the said , and bring im (or them, as the case may be,) before e, at my office, in (here insert the real toce of the judge) without delay, to be malt with according to law. And have „ta there also this precept. '," Witness my hand, at , this day of - -, Judge. Which warrant shall be accompanied by a copy of all affidavits presented to the judge, upon which the warrant is issued, which shall be certified by such judge, and shall t delivered to the party at the time of serving the warrant, by the officer serving She same. See. 5. The officer to whom such war vast Audi bs delivered shall execute the THE JOURNAL. HAattie, by arresting the person therein na med, and bringing him or them before the judge issuing the warrant, and shall keep nitu in custody until he shall be duly dis- charged, or 'committed, us hereinafter provided. _ . Sec. 6. On the appearance of the per, son so arrested before the J udge, he may controvert any of the fact.; and circtan- stances on which such warrant is issued, and may, at his option, verify his obliga• firms by its affidavit, and in case of his so verifying the same, the complainant may examine him on oath, touching any fact or circumstance material to the inquiry, and the answers on such examination, shall be reduced tie writing; and subscribed by him, and the officer conducting such In quiry shall also receive such other proof as the parties may otter, either at the time of such first appearance, or at such other times as such hearing be adjourned and in case of adj iurnment, the Judge may take a bond, with or without surety' for the appearance of the party arrested at the adjournel hearing. Sec. 7. The judges conducting such in quiry shall have the seine powers to issue stitipcena to inforce the attendance of witnesses, and to punish witnesses refu sing to testify as is vested in the court of which lie is a judge. Sec. 8. If such judge is satisfied that the allegations of the complainant are substantiated and that the party arrested has done, or is about to do any one of the acts specified in the third section of this act, he -hail issue a rommitm.nit unite, his hand, reciting the facts of the case and directing that sues party he committed to the jail of the county in which such hear ing is hail, to tnr there detained until he -hall he discharged by law, and such par ty shall be committed and detained ac cordingly. . . . Sec. 9 Such commitment shall not be granted if the defendant shall pay the ,debt or demand claimed, with the cost of suit and of the proceedings against him, or give security to the satisfactin of the judge before a hum the hearing shall be had, that the debt or demsoo; wlo, ...- costs of the suit and proceedings against hint, shall be paid with interest within sixty days, if the demand be in judgment and the length of time for stay of execus lion given by law oti debts of like amount has expired, and if the said length of time has not elapsed, theft that the same sl all be paid at the expiration of that time, it that shall be sixty days distant font the time of giving said surety, and it not, then that the same shall be paid within sixty days from the time of giving the sante.— II the demand be not in judgment at the time of giving said surety, the day of pay• went shall be regulated by the same rule,l but in no case shall the party be required to give surety for the payment of the debt' before the receiving of judgment. Sec.lo. Such commitment shall nut be granted it :he party arrested shall give bond to the complainant in a penalty of nut leas than twice the amount of the debt or de mand claimed, with such suretiesa*shall ........ ..... _ be approved by such judge, conditioned, thot lie will not remove any property which he then has, out of the Jurisdiction of the court in which suit is brought with the intent to defraud any of his creditors. and that he will not assign, sell, convey, or dispose of any of his property with such intent. or with a view to give a preference to any creditor for any debt anteced nt to such assignment, sole conveyance, or dis position, until the il..matitt of the complain ant,t with costs, shall be, satisfiied, or un til thirty davit atter a first judgment shall he rendered in the suit brought for the re covery of such demand : Provided, how ever, that this section shall apply only to cases where the only fradulent design es tablished against the party arrested is, that he is about to remove any at his property out of the jutimliction or the court in which such suit is brought, wish intent to defraud his creditors. Sec. 11. Soch commitment shall not be granted it the person arrested shall enter into abond to the complainant in the pen alty, and with the securities prescribed in the preceding section, conditioned, that lie will witliiii thirty days apply by peti• tion to the Court of Common Pleas of the county, or to a judge thereof, it the court shall nut within that time be in session, for the benefit of the insolvent laws of this Commonwealth, and that lie will comply with all the requisitions of said law, and abide all orders of the said court in that hehalt, or in default thereof, and if he fail in obtaining his discharge as an insol vent debtor, that he shall on the day of his so failing surrender himself to the jail of said county. Sec. 12. Any defendant, cominttted agreeably to the eighth section of this act. shall remain in custody in the same man. nee as other trimmers on criminal process, until a final judgment shall have been ren dered in his 'prison. in a suit prosecuted by the creditor whose instance he shall have been committed, or until lie shall have assigned his property and obtained hie discharge, as provided in the cubit "ONE COUNTRY, ONE CONSTITUTION, ONE IIESTINY." HUNTINGDON, PENNSYLVANIA, WEDNESDAY, AUGUST 3, 1842. quent section of this act; but such person may at any time be discharged by any judge of the county, on his — paying the debt or demand claimed, and costs, or by giving the security for the payment there of, as provided in the ninth section of' this act, or on his executing either of the Londs mentioned in the tenth and eleventh sec tions of this act. Sec. 13. Any person committed as, above provided, or who shall have givca: the bond specified in the eleventh settidir of this act, or against whom any suit shall have been commenced in a mild record, in which such person by the provisions of . :his act mina be arrested or intprisoned, may present a petition to the.ticitirt of Common Pleas of the county in 'Which he shall be imprisoned, or in which the said suit is pending, or to the jud,,e thereof, praying that he may assign his property and have the benefit of the provisions of this act, Sec. 14 The petition aforesaid shall set forth all the matters required to be set forth by the ninth section of the act of the sixteenth day of June, one thousand eight hundred and thirtrsix, entitled an act relating to insolvent debtors." and shall, co be verified in like manner. Upon th presentation of the said petition the o i or judge shall fix a time for the hearin, ul the same, which shall be during the tier Arssion of the Court of 01111:1111I1 PIeAS Provided, Thirty days sl all intervene Ins tween the presentation of he petition and the time for hearing the same, and the pe. (Rimier and his creditors shall be heard be• fore the judges of the Court of Common Pleas, unless the said court shall make an inter that a single judge shall hear the case and decide it, in winch case the judge shall have all the powers herein cantered upon the court, Sec. 15. The court or judge shall pro ceed agreeahly to the ptovistons of the aforesaid act of the sixteenth day of J une, one thousand eight hundred and thirty six, in causing notice to be given to the en•di tors of the petitioner. it deriding up. on his case, in tilaking orders, io • ist . 4 -tsv •. moms t..y petitioner, in tire oath to be adininistereil to him, and in ill pro,:erilitigs thereafter touching his property, and shall have the same power over the trustees to WI Bll assignini ut shall be made, as is therein specifii d• Sec. 16 The trustees of soy debtor, to whom an assignment shall be made under this act, shall have the same powers, shall be liable to the slate duties, and shall proceed in the same 111,11 tier, in all re spects to discharge the same, as is given, imposed upon, and required of the trustees under the aforesaid act, and the rights of creditors and their remedies shall be 01..1 same as under the said act, and the effect of a discharge of the petitioner by the said court shall be Victimise as under the said act, so far as regards birth his person soul property, and all rights and remedies given by said act, and all proceedings, both' civil arid criminal, thereby authorized, may be had the same as it they were here in fully enacted at length, so tar as the astute can be applied to the case at a debt or upon a contract only. Sec. 17. Any pi ratio who shall be im prisoned on civil process at the tin e of this act taking effect as a law, in a case where, by the preceding provisions of this act, such person could not be arrested or imprisoned, may give ten days notice, in writing, to the plaintiff, his agent, or at torney, of his intention to apply to a judge of the court of common pleas of the county in which he is imprisoned, for a discharge front confinement. Upon proof of such notice haring been given, it shall be the duty of any judge of said cow t to issue a writ of habeas corpus to the officer having such person in custody, to bring liiin before the said judge, at a time and place to be named, not less than twit nor more than six days thereafter. If the plaintiff; or his agent ttr attorney, shall not have tiled with said judge ail affidavit set ting forth such facts as are required by section third of this act, an order to ojtain a warrant of arrest, and the case be such an one that the party by the preceding provisions of this act could not be impri soned, it shall be the duty of the said judge to make an order discharging the party from imprisonment. but if such affidavit shall have been if eil, arid the judge, on hearing the case, shall be satisfied that the imprisoned party, it at liberty, would be liable to an arrest under tire provisions of this act, then, and in that case, the judge shall proceed in lie same manner as it the party had been brought before hail upon such warrant of arrest us hereinafter provided. Sec. IS. When a cntnplaint shall be mole, and a warrant of arrest issued, or upon a hearing under tire seventeenth section of this act, and the complaint shall be dismissed, the piety making the same shall be liable for all lees to officers, and fir all costs winch the party arrested shall have incurred, and the fees of the officers shall be the same as for sitniliar services in other cases. Witnesses shall receive the same fees as are allowed before justi ces of the peace, but if the complaint shall he sustained, the party making the same shall recover the costs of the party arrea• ted, upon the same being timed or allowed by the proper officer, and shall be recov , erect with the other costs in the suit. Sec. 19. Whenever any bond given un der the preceding sections of this act shall Inggat! forfeited by the non-performance ndition thereof, the obligee shall tt~eliiited to recover thereon the amount due to him on the judgment obtained in the original snit. Sec. 20. Any person who shall remove any of his property out of any county, with intent to prevent the same from be • ing levied upon by an execution, or who shall secrete, assign, convey, or otherwise .lispuse of any of his property, with intent to defraud any creditor, or to prevent such property from being made liable tor the payment of his debts, and any person who shall receive such property, with such in• tent, or who shall, collude with the debtor for the concealment of any part of his es tate or effects, or hir haying a false color thereto, yr shall conceal any grant, sale, lease, build, or other instrument or pros ceedingAither in writing or by parole, or shall become a grantee, purchaser, lessee, or other.like party in any such instrument of proceeding, with the like fraudulent in tent, or shall act as broker, scrivener, agent, nr witness, in regard to such in strument or proceeding, with the like in tent, such person or persons, on convic tion thereof, in the court of quarter ses sions of the proper county, shall be deemed guilty of misdemeanor, and shall forfeit and pay a sum not exceeding the value of the property or effects so secreted, assigned, conveyed, or otherwise disposed of or concealed, or in respect to which such collusion shall have taken place, and shall suffer imprisonment not exceeding one year. . . . . S;c. 21. Every person, who with intent to cheat or defraud seemlier, shall design wily, oy color of any . , . 0.• - by any tats pretrwc, whfitahrt-ver. oft caltl fruit, city per.on any money, or per • sous! .4.1•••• ...a.••11 , • at...., 11 p(1:1 cun vtctlon thereof, shall be imeitison ed in the penitentiary or in the county jail, at the discretion of the court before whom lee shall be tried„ not exceeding one year, or by fine not exceeding three times the value of the money or property or Oilier thing sit obtained, or by both such fine and imprisonment. Sec. 22. No person shall be excused frOill answering any bell seeking a disco very in relation to any fraud prohibited by 'his act, or from answering as a wit ness in relation to any such fraud, but eio answer shall be used in evidence en any Ocher suit or prosecution. Sec. 23. No execution issued on any lodgment rendered by any alderman or justice of the peace, upon any demand arising , upon contract, express or implied, shall contain a clause authorizing an arrest or imprisonment of the person against whom the same shall issue, unless it shall be proved by the affidavit oldie person in whose favor such execution shall issue, or that of other person, tee the satisfaction of the alderman or justice of the peace, ' either that such judment was for the re cuvery of money col l ected by any public officer, or for official misconduct or ne- glect of duty, or that the person against whom the same shall issue had not resided in this State Fur the space of thirty days immediately preceding the commence ment of the suit upon which judgment was rendered, or immediately preceding the rendition of judgment, ►t the same was rendered upon confession without process. Sec. 24. No capias or warrant of arrest shall issue against any defendant, in any case in which by the previsions of the preceding section an execution on the judgment recovered could nut be issued against the body, and whenever a capias or warrant of arrest in such case shall issue the like affidavit shall be required as for the issuing of an elecution by the pro. visions of said section. Sec. 25. Whenever a plaintiff shall re side out of the county, he may, upon giv• ing bond with sufficient surety for the payment of all costs which he may become liable to pay in the event of his hiding to recover judgment against the defendant, have a captas or warrant of arrest, if he shall be entitled to such a writ on making the affidavit required in the twenty-second section of this act s or a summons which in ,y be made returnable, not less than two or more than four days from the date thereof, which shall be served at least two days before the time of appearance men tioned therein, and if the same shall be returned, personally served, the justice or alderman issuing the sante may proceed to hear and determine the case in the manner heretofore allowed by law. Sec. 26. Whenever, by the provisions of the twenty•thirl i k ction of this act, nu capias can issue, MB the defendant shall reside out of the county, he shall be pro• ceeded sgainst by summons of attachment, returnable not lees than two, nor more than four days from the date thereof. which shall be served at least ti,io days before the time of appearance mentioned therein. Sec. 27. It shall be the duty of any derman or justice of the peace, to issue an attachment against any defendant, on the application of the plaintiff in any case, where by the provisions of this act no capias can issue, upon proof by the affida vit of• the plaintiff, or some other person or ' persons, to the satisfaction of the alder man or justice, that the defendant is about to remove from the county any of his prop erty, with intent to defraud his creditors, or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete any of his property, with the like fraudu lent intent, which affidavit shall also ape. cify the amount of the plaintiff's claim on the balance thereof over and above all discounts which the defendant may have against him; Provided that before such attachment shall issue, the plaintiff, or some one in his behalf, shall execute a band, in the penalty of at least two hun• dred dollars, with good and sufficient securities, conditioned that in case the plaintiffshall fail to recover a judgment tit at least one half the amount of his claim, he shall pay to the defendant his damages for the wrongful taking of any property over and above the amount sufficient to satisfy the judgment and costs, and that if the plaintiff shall fail in his action, he shall pay to the defendant his legal costs, and all damages which he may sustain by reason of said attachment. Sec. 28. Every such attachment shall be made returnable over not less than two nor more than fitur days from the date , thereof, and shall be served by the con• , stable to whom the same shall be directed, , by attaching so much of the defendant's , property, not exempt by law from sole upon execution, as will be sufficient to , pay the debt demanded, and by delivering to him a copy of said attachment, and an inventory of the property attached. if he ...tory. and it not so to I be found, then, by leaving a copy of the same at his place of residence, with some or his family, or the fAtt.ity whert he shall reside, or at he be a non resident of the county and cannot be found, then by leavMe • -- mai..nena and inventory with the person in whose possession the said property may be. Sec. 29. The constable shall state spe- • cufically in his return the manlier in which l he shall have served such attachment, and it shall be his duty to take the property attached into his possession, unless the defendant, or some other person for him, shall enter into a bond with sufficient surety in the penalty of not less than two hundred dollars, conditioned that in the I event of the plaiotitt recovering judgment against him he will pay the debt and costs, at the expiration of the stay of execution given by law to freeholders, or that lie will surrender up the property attached, to any officer having an execu tion against him on any judgment record ed in such attachment. Sec. 30. If such attachment shall be returned personally served upon the de fendant at least three days before the re turn day thereof, the alderman or Justice shall, on the return day, proceed to hear and determine the satne; in the same man tier as upon a summons returned person ally served. But if the same shall not have been so served, the alderman or jus- tice shall issue a summons against the defendant, returnable as summonses issued j by justices of the peace are now returna ble, and if the said summons shall be re- , turned personally served, or by leaving a copy at the residence of the defendant, . after diligent inquiry, cannot be found in the coup: y, then, in eitlofr case, the alder man or justice of the peace shall proceed to hear anti determine the cause, in the same manner as upon a summons person. ally served. Sec. 31. Any defendant against Whom a judgment shall have been rendered in any case where the attachment or sum mons shall not have beeaa personally serv• ed, may, within thirty days after the ren dition of the same, apply to the alderman or justice rending the same for a hearing of the matter, and if he, or some other person, know ing the facts, shall for him make an affidavit setting forth that he has a just defence to the whole or part of the plantilfs demand, it shall be the duty of the alderman or justice to open judgment, and give notice to the plaintifful the time when he will hear the parties, which time shall be not less than four, nor more than eight days distant. On the said hearing the justice shall proceed in the manlier directed in the 50th section of this act. Sec. 52. A judgment obtained before any alderman or justice, in any suit com menced by attachment, when the defen dant shall not be personally sued with the attachment or summons, and shall not appear, shall be only presumptive evidence of indebtedness in any scire facias that may be brought thereon, and may be dis proved by the defendant, and I,t) execution [WHOLE No. 342. issued upon such judgment shall be levied upon:any other property than such as was seized under the .attachment, nor shall any defendant in such case be barred of any set off which he may have against the . . . Sec. 33. A defendant, against whose body by the provisions of this act, an exe cution cannot be issued by an alderman or justice of the peace, shall not be required in order to obtain an appeal, stay of elect' , bon, or adjournment, to give a bond or recognizance in the nature of special bail, but the bond or recognizance in the case of an appeal, shall be conditioned for the payment of the debt and costs, which the plaintiff shall recover against the defen dant. In case of bail fur stay ut execution, it shall be conditioned fur the payment of the debt and costs at the expiration of the stay, and in case of an adjuurnment, it shall be conditioned that Ito part of die property of the defendant which is liable to be taken in execution shall be removed, secreted, assigned, or in any way disposed of, except the necessary support of himself and family, until the plaintiff's demand shall be satisfied, or until after the expi ration of ten days alter such plaintiff shall be entitled to have an execution issued on the judgment obtained in such case, it he shall obtain such judgment; and if the condition of such bond and recognizance be broken, and an execution on such judgment be returned unsatisfied, in whole or in part, the plaintiff, in an action on such bond or recognizance, shall be entitled to recover the amount due on such judgment. Sec. 34. This act shall not be constru ed to extend the jur;sdicnon of justices of the peace and alderman to demands on one hundred dollars, and the same right which is given to the parties respectively to appeal from the decision of an alderman or justices of the peace by the act of the twentieth day of March, one thousand eight hundred and ten, relating to the pre= eeedings of justices of the peace, is hereby given to the parties respectively in proce dings upon summons or attachments issued by . aldermen or justices of the peace under thrs act. Arid all and singular the pro visions of the said act, and its several srirr i Ll'lii n ; t i e ictiqtfi'illreply.r.c.pealcd this act, are hereby declared to be in lull force, and to apply to the provisions of this act so far as the same relates to pro ceedings beforelahlerman or justice of the peace, and to the powers of the courts of record over the proceedings of justices of the pence. Sec. 35. After the defendant, in any case, shall have executed the bond requir ed by the eleventh section of this act, he shall not sell, assign or dispose of any part of his property which is not exempt by law from execution, except so far as may be necessary fur the support of him ' self and family, until he shall be dischar ged. And if proof shall be made, on the hearing before the judge or the court, that the applicant had so soli, assigned or dis posed of his property, it shall be the duty of said judge or of the court to refuse to make the order directed by the aforesaid act of the sixteenth day of June. one thou sand eight hundred and thirty-six. Sec, 36. After the passage of this act, the secretary of the commonwealth shall immediately cause a sufficient number of copies of this act to be printed by the printers of the bills of the House of Rep. resentatives, to supply every judge, skiers iff, prothonotary, alderman and justice of the peace in the State with a copy, which shall be by him transmitted to the prothon itaries of the different counties, and by . . . them distr;buted to the officers entitled thereto—the expense of which printing and transmission shall 5e paid in the man ner provided by law for the printing of the laws. . Sec. 57. So much of any act as is here by altered or supplied is hereby repealed. 4 11119 a Day and Roast Beet?' Our Locnfoco friends are worried a good deal that any hig should purpose any such wages for the workingmen.— We don't know who it was that set this $2 ball " in motiun"—but it strikes us as being a good deal better motto than " Low wages and no meat," under which Mr. Williams a Locofoco member of Congress from Massachusetts, essayed to rally the "democratic prty" in 1840--and a mot to, by the way, under which the Locofoca leaders are, in effect now endeavoring to drill their forces. If it is to be "82 a day and roast beer' against .` low wages and no meat," there will not be much difficulty in determining which side to take. It is surprising in us that high wages and good living for the workingmen, should be zeal. tingly opposed even by Anti-Bank, hard money Lonotocos.—Dayton Journal. The General Council of the City of New Orleans have passed an ordinance levying a tax of $4OOO per annum on every person doing business as money begs. :ker iR tkst city.
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