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C HA P. just and true state of his or her affairs; where. LXV.
upon the said judge is hereby authorized and em1808
powered to examine into the allegations set forth in the said petition, by such ways and means as to him shall seem most likely for discovering the truth thereof; and after such examination, if it shall appear to the said judge, that the said petitioner hath not estate sufficient to maintain him or herself in prison, and his or her family, or that they are likely to become chargeable to the hundred or county whereof he or she is an inhabitant, that in such case, the said judge, in his discretion, may and shall direct and order the creditor or creditors, at whose suit the said petitioner is arrested and imprisoned,
on original or other process, forthwith to enter into In what case the a recognizance, in the name of the treasurer of the judge may order said county, with one good and sufficient surety, the creditor to enter into recog. at the least, to indemnify such hundred or county nizance, &c.
of and from all costs and charges that may arise by reason of such imprisonment, either for the maintenance, or by the sickness of the person so imprisoned, or of his or her family, and the said recogni. zance shall be taken by the clerk or prothonotary: and the said petition and order be filed in the clerk or prothonotary's office.
of refu. Sect. 4. And be it enacted by the authority, aforesal by creditor, said, That upon the refusal or neglect of such cre. prisoner shall be discharged. ditor or creditors complying therewith, within twen.
ty days next after such order, and ten days notice thereof to the plaintiff or plaintiffs, his, her or their agents or agent, attorneys or attorney, and produ. cing a certificate thereof under the hand of the said clerk or prothonotary, (who is hereby required and enjoined, upon request, to give the same gratis) to the sheriff or jailor of the county where such person shall be imprisoned; then, and in such case, the said sheriff or jailor may and shall release, discharge and set at liberty such prisoner.
Sect. 5. Provided always, and be it further enacted by the authority aforesaid, That common bail may
be filed in all and every action or actions depending
( H A P. in the Supreme court or court of Common Pleas, or before any justice of the peace, against such prisoner, 1808 and that notwithstanding the discharge of the person of the prisoner, as aforesaid, all and every debt and debts due, or owing from the said prisoner, and all and every judgment or judgments had and taken, Judgments, &c.
obtained, shall and decree obtained against him or her, shall stand be good, and and be good and effectual in law, to all intents and purposes, against the property of the said prisoner,
new execution and a new execution may be taken out for the same, may be issued. in like manner as if the person of the prisoner so dis- &c. charged, had not been taken in execution.
obtained as tual in law the said pressame, may be
Sect. 6. Provided also, and be it enacted by the Proviso. authority aforesaid, That nothing in this act shall extend to discharge out of prison any person imprisoned by authority of the United States.
Sect. 7. And be it enacted by the authority Persons conaforesaid, That if any person or persons convicted, or victed in court
of Oyer and who shall hereafter be convicted of any offence cog- Terminer or nizable in a court of Oyer and Terminer and general Quarter Sessi
ons, unable to jail delivery, or a court of General Quarter Sessions pay costs, Scc. of the peace and jail delivery, within this State, or who may or shall be liable in either of the said courts, for costs or jail fees, shall be unable to pay the fines, forfeitures, restitution-money, costs or jail fees, he, she or they, shall be adjudged by the court to be how to be dis
posed of. disposed of as a servant, by the sheriff, for the payment thereof, for any term or time not exceeding seven years: Provided always, That nothing herein Proviso. contained, shall extend to alter or repeal any former act of assembly, directing or prescribing the sale of insolvent criminals in certain cases.
Sect. 8. And be it enacted by the authority Creditor resid. aforesaid, That process for summoning creditors to State, his agent
ing out of the appear before the court, in the case of an application or attorney inay by an insolvent prisoner, may be served on the agent be ar attorney of the creditor or creditors where he, she
or they reside out of the State, and such notice shall be deemed sufficient.
uestions of bail Sect. 9. And be it enacted by the authority afore may be decided, said, That upon process in civil cases, issued out of
&C. the Supreme court, or court of Common Pleas, any
judge of either of the said courts, in vacation time, may, on application, and reasonable notice to the plaintiff or plaintiffs, his, her or their agent or attorney, without regarding from which of the said courts the said process issued, hear and decide questions of bail and order, special or common bail, as to the said judge may seem proper and consonant to the rules of law.
Passed at Dover, Feb. 1, 1808.
CHA P. LXVI.
An ACT making provision for the support of govern.
ment, for the year one thousand eight hundred and eight, and for other purposes.
D E it enacted by the Senate and Section 1.B House of Representatives of the 12,500 dollars, to be raised and
id State of Delaware, in General Assembly met, That paid into the the sum of twelve thousand five hundred dollars, treasury.
shall be raised, and paid into the treasury of this State, within the time and in the manner directed by an act of the General assembly, entitled, “ An act for the better ordering, assessing, levying and collecting of taxes, and making provision for the support of government for the year of our Lord, one thousand seven hundred and ninety-eight;" and
shall be assessed and levied in the several counties Each county's proportion, of this State, in the following proportions ; that is to
say, for the county of New-Castle, the sum of four
thousand seven hundred and sixty-one dollars and ninety cents; for the county of Kent, the sum of four thousand one hundred and sixty-six dollars and sixty-seven cents; and for the county of Sussex, the sum of three thousand five hundred and seventy-one dollars and forty-three cents.
SECT. 2. And be it enacted, That the aforesaid.
d. Appropriation sums of money shall be appropriated and applied to, for the payment and in the following manner ; that is to say, so much of thereof, as may be necessary, shall be applied to the payment of the salaries due, and to become due to the governor, chancellor, judges of the Supreme court and court of Common Pleas, attorney-general, secretary and auditor of accounts, up to the first day of January, which will be in the year of our Lord, one thousand eight hundred and nine; and
andc ; and ses of the Geneso much thereof as may be necessary, shall be ap- ral assembly. plied to the payment of the daily allowance of the members of the General assembly, their clerks, and other expenses, and for printing the laws passed at this session of the General assembly, and the votes and proceedings of the two branches thereof, and the residue, if any there be, shall be applied to the For the payment
of debts due to payment of any sums of money due to the citizens citizens. of this State, for which provision shall be made by
Passed at Dover, Feb. 2, 1808.
CH A P. LXVII.
An ACT authorizing the State treasurer to refund
to David Lockwood, esquire, the sum of money therein mentioned.
H EREAS it hath been made manifest to this Preambic.
January, in the year of our Lord, one thousand eight hundred and six, the State treasurer received from David Lockwood, Esq. the sheriff of Kent county, the sum of one thousand and twenty-one dollars and sixteen cents, out of money arising from the sale of a certain Joseph David's lands, by the said sheriff, in part satisfaction of a judgment recovered by the State against the said Joseph David, and a certain Daniel Wright Newnam, and that there existed, at that time, unknown to the said sheriff and treasurer, a judgment in favour of Vincent Loockerman, junior, deceased, due and unsatisfied, and which had been recovered against the said Joseph David, previously to the said judgment, in favour of the State, and toward satisfaction of which a part of the said money ought to have been applied. . . in
BE it therefore enacted by the Senate and House
of Representatives of the State of Delaware, in to refund to D. General Assembly met, That the State treasurer be, Lockwood, S 371 53.
and he is hereby authorized and required to refund to the said David Lockwood, Esq. out of any money in the treasury, not otherwise appropriated, the sum of three hundred and seventy-one dollars and fiftythree cents, that being the balance of the principal, interest and costs of the said judgment in favour of the said Vincent Loockerman, the younger, deceased, against the said Joseph David.
Passed at Dover, February 2, 1808.