179^. LITERARY INTELLIGENCER. 289 



10. Bat ia the e%'ent of zfpecial vercllB, the profe- 

 cutor {hall not be obliged to carry his fuit farther than 

 he fhall incline ; and if, immediately after the trial is 

 over, he (liall declare that l)e declines any farther pro- 

 fecution, and if no other creditor fliall come forward, 

 and make affidavit to the fame efftfl:, and agree to 

 go on with the profecution, the piifoner fhall then be 

 difmiiled from the bar, though he fliall ftill be liable to 

 be profecuted for this crime at any future period, until a 

 final dividend of his efFetts have been made, but no long- 

 er. Or if the profecutor fhall relinqnifh the trial at the 

 time it ought to have come on ; — in that cafe, the pri- 

 foner lliall be difcharged, and the fame rule with regard 

 to expences lliall take place, as it he had been acquitted 

 by the jury. This does not, however, preclude him 

 from being again brought to trial at any time before 

 the final dividend of his eff'e6ts, as is fpecified in the 

 next article. 



11. All the cafes above fpecified, only refpeft thofe 

 debtors who have been committed to prifon, hefori theit* 

 bankruptcy had been declared. In cafes where a bank- 

 ruptcy had been declared, when the perfon of the debt- 

 or was free, the following regulations with refpedl to 

 imprifonment, appear to be iuft and equitable 



12. In that cafe it fliall be competent for any credi- 

 tor, during the Vv'hole of the time that fliall elapfe from 

 the period when tlie bankruptcy was declared, until 

 the laft dividend of the efl'efts fliall have been made, to 

 bring the debtor to a trial if he lh::ll fee fit, by making 

 an affidavit in the manner above defcribed, and conduc- 

 ing the profecution in every rcfped; as above. 



13. But if no perfon fliall think proper to bring on a 

 trial, before the lafl; dividend fliall have been made of 

 the d'^btor's cfFefts, it fliall not be competent ever after- 

 wards, to bring on a trial for any thing refpefting that 

 bankruptcy ;cnd \\\^ perfon of the debtor fliall, as to thefe 

 debts, be ever after free from arreft. 



^'oi. f. f Oo 



