Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever an execution against the property of a defendant shall have been issued, on a judgment at law or in equity, and shall have been returned unsatisfied in whole or in part, the party suing out such execution may file a bill in chancery against such defendant, and any other person, to compel the discovery of any property, or thing in action, belonging to the defendant; and if any property, money, or thing in action, due to him, or had in trust for him, and to prevent the transfer of any such property, money, or thing in action, or the payment or delivery thereof to the defendant, except when such trust has been created by, or the fund so held in trust has proceeded from, some person other than the defendant himself.

Sec. 2. The court shall have power to compel such discovery, and to prevent such transfer, payment or delivery, and to decree satisfaction of the sum remaining due on such judgments, out of any personal property, money, or things in action belonging to the defendant, or held in trust for him, with the exception above stated, which shall be discovered by the proceedings in chancery, whether the same were originally liable to be take in execution at law or not.

Sec. 3. In suits for the payment or recovery of money, set-offs shall be allowed in the same manner, and with the like effect, as in actions at law.

Sec. 4. When a bill shall be filed in the court of chancery other than for discovery only, the complainant may waive the necessity of the answer being made on the oath of the defendant; and, in such cases, the answer may be made without oath, and shall have no other or greater force as evidence than the bill.

Approved, January 24, 1839.