24 COLONIAL ORDINANCES.
direct, to be computed from the making of such vesting Order
as aforesaid.
In certain cases Dis- XXXVIII. And be it enacted and ordained, That in case it shall
charge, &c., to be at
any Period not later appear to the said Court that such Prisoner has fraudulently, with
than Three Years from Intent to conceal the State of his Affairs, or to defeat the objects of
Petition ing.
this Ordinance, destroyed or otherwise wilfully prevented or pur-
posely withheld the Production of any Books, Papers, or Writings
relating to such of his Affairs as are subject to Investigation under
this Ordinance, or kept or caused to be kept false Books, or made
false Entries in, or withheld Entries from, or wilfully altered or
falsified, any such Books, Papers, or Writings, or that such Prisoner
has fraudulently, with intent of diminishing the Sum to be divided
among his Creditors, or of giving an undue Preference to any of the
said Creditors, discharged or concealed any Debt due to or from the
said Prisoner, or made away with, charged, mortgaged , or concealed
any Part of his Property of what Kind soever, either before or
after the Commencement of his or her Imprisonment, then it
shall be lawful for the said Court to adjudge that such Prisoner
shall be so discharged and so entitled as aforesaid, so soon as he
shall have been in Custody at the Suit of some one or more
of the Persons as to whose Debts and Claims such Discharge is
so adjudicated, for such Period or Periods, not exceeding Three
Years in the whole, as the said Court shall direct, to be computed
as aforesaid.
In other cases the
Discharge, &c., to be XXXIX . And be it enacted and ordained, That in case it shall
at any Period not later appear to the said Court that such Prisoner shall have contracted
than Two Years from
Petitioning. any of his or her Debts fraudulently, or by means of a Breach of
Trust, or by means of false Pretences, or without having had any
reasonable or probable Expectation at the Time when contracted of
paying the same, or shall have fraudulently, or by means of false
Pretences, obtained the Forbearance of any of his Debts by any of
his Creditors, or shall have put any of his Creditors to any unneces-
sary Expense by any vexatious or frivolous Defence or Delay to any
Suit for recovering any Debt or Sum of Money due from such
Prisoner, or shall be indebted for Damages recovered in any Action
for Criminal Conversation with the Wife or for Seducing the Daughter
or Servant of the Plaintiff in such Action, or for Breach of Promise
of Marriage made to the Plaintiff in such Action, or for Damages
recovered in any Action for a malicious Prosecution, or for a Libel,
or for Slander, or in any other Action for a malicious Injury done to
the Plaintiff therein, or in any Action of Tort or Trespass to the
Person or Property of the Plaintiff therein, where it shall appear to
the Satisfaction of the said Court that the Injury complained of was
malicious, then it shall be lawful for such Court to adjudge that
such Prisoner shall be so discharged, and so entitled as aforesaid,
forthwith, except as to such Debt or Debts, Sum or Sums of Money,
or Damages as above mentioned ; and as to such Debt or Debts,
Sum or Sums of Money, or Damages, to adjudge that such Prisoner
shall be so discharged and so entitled as aforesaid, so soon as he
shall have been in Custody, at the Suit of the Person or Persons
who shall be Creditor or Creditors for the same respectively, for a
Period or Periods not exceeding Two Years in the whole, as the said
Court shall direct, to be computed as aforesaid .
XL.