Pennsylvania Act 1842-111 — IMPRISONMENT FOR DEBT - ABOLISHED - FRAUDULENT DEBTORS PUNISHED

Act text

IMPRISONMENT FOR DEBT - ABOLISHED - FRAUDULENT DEBTORS PUNISHED
                 Act of Jul. 12, 1842, P.L. 339, No. 111              Cl. 39
                                  AN ACT

     To abolish Imprisonment for debt, and to punish Fraudulent
        debtors.

        Compiler's Note:  Section 2(a) of Act 53 of 1978 provided
            that Act 111 is repealed except for sections 13 through
            16 which are saved from repeal. Section 4(b) of Act 53 of
            1978 provided that the repeal shall take effect two years
            after the general effective date of Act 53.
        Section 13.  Any person committed as above provided or who
     shall have given the bond specified in the eleventh section of
     this act, or against whom any suit shall have been commenced in
     a court of record, in which such person, by the provisions of
     this act, cannot be arrested or imprisoned, may present a
     petition to the court of common pleas of the county in which he
     shall be imprisoned, or in which the said suit is pending, or to
     the judge thereof, praying that he may assign his property and
     have the benefit of the provisions of this act.
        Section 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
     thirty-six, entitled "an act relating to insolvent debtors," and
     shall be verified in like manner. Upon the presentation of the
     said petition the court or judge shall fix a time for the
     hearing of the same, which shall be during the next session of
     the court of common pleas: Provided, Thirty days shall intervene
     between the presentation of the petition and the time for
     hearing the same, and the petitioner and his creditors shall be
     heard before the judges of the court of common pleas, unless the
     said court shall make an order that a single judge shall hear
     the case and decide it, in which case the judge shall have all
     the powers herein conferred upon the court.
        Section 15.  The court or judge shall proceed agreeably to
     the provisions of the aforesaid act of the sixteenth day of
     June, one thousand eight hundred and thirty-six, in causing
     notice to be given to the creditors of the petitioner, in
     deciding upon his case, in making orders, in permitting an
     assignment to be made by said petitioner, in the oath to be
     administered to him, and in all proceedings thereafter touching
     his property, and shall have the same power over the trustees to
     whom an assignment shall be made as is therein specified.
        Section 16.  The trustees of any debtor, to whom an
     assignment shall be made under this act, shall have the same
     powers, shall be liable to the same duties, and shall proceed in
     the same manner in all respects, 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 the same as under the said act, and the effect of a
     discharge of the petitioner by the said court shall be the same
     as under the said act so far as regards both his person and
     property, and all rights and remedies given by the said act, and
     all proceedings, both civil and criminal thereby authorized, may
     be had the same as if they were herein fully enacted at length,
     so far as the same can be applied to the case of a debtor upon a
     contract only.