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ROBERT EDEN, Esq; Governor.
term thereafter, as in the county court to which such attachment shall
be returnable
in the two next terms thereafter, and also pay the sheriff's expences and
fees
before mentioned, such attachment shall, by award of the court to which
it shall
be returnable, be dissolved, and the absconding person be fully restored
to every
thing attached: And in case such bail shall be given as aforesaid,
the justice or
justices before whom the same shall be taken, if out of court, shall certify
the caption
thereof to the court to which such attachment shall be returnable; and
any
person or persons may declare against such absconding person, either in
the provincial
court the first term, or in the county court the first or second term after
special bail so given, without further or other process, and such manucaptor
or
manucaptors shall be chargeable and liable as if they had become special
bail in
every several action: And in case such absconding person shall not
compound
with or pay and satisfy his or her creditors, or give special bail as aforesaid,
it shall
and may be lawful for the provincial or county court respectively, where
the said
writ of attachment shall be returned as aforesaid, and they are hereby
required and
empowered, to nominate, appoint and commission, three fit persons to be
trustees
for all the creditors of the said absconding person, which persons, or
any two of
them, so nominated and appointed trustees by the said court, shall be and
are hereby
fully empowered and authorised to take into their hands all the whole estate
or estates, as well real as personal, and all evidences, books of accounts,
and
papers, relating thereto, of the absconding person, seized as aforesaid,
or any where
being or lying, or which they may afterwards discover to be or lie in any
part of
this province, and to make sale of such real and personal estate, by public
vendue,
after thirty days public notice at the least, and of all the interest of
the said absconding
person in the same, and deeds, bills of sale, and other conveyances to
make and execute; which deeds and conveyances, and every of them, so made
and executed for the estate, be it legal or equitable, real or personal,
of such absconding
person, or any part or parcel thereof, shall be good, valid and effectual,
in law, to all intents and purposes whatsoever, against the said absconding
person,
his or her heirs, executors and administrators, and all person and persons
claiming
by, from or under him, her or any of them, who could not, under the laws
now
in being, and this act, defend his, her or their property, estate and possession,
against the creditors of the said absconding person. |
1773.
CHAP.
XIII.
Absconding
persons not satisfying
his
creditors, &c.
court to nominate
trustees,
&c. |
VII. And be
it enacted, by the authority aforesaid, That the said trustees,
or
any two of them, so as aforesaid appointed, shall, immediately thereafter,
if appointed
by the county court, give public notice by advertisement at the court-house
door, and if by the provincial court, then in the Maryland gazette, of
such
their appointment, and therein require all persons indebted to the said
absconding
person, by a certain day by them to be appointed in their said notice,
to pay all
such sum or sums of money and tobacco which they owe to the said absconding
person or persons, and deliver all other effects which he, she or they,
may have in
their hands, power or custody, belonging to such absconding person as aforesaid,
and all books of accounts, papers or evidences, whatsoever, relating thereto,
to
them the said trustees; and the said trustees, or any two of them, shall
be and are
hereby enabled and made capable to sue for, recover and receive, in
their own
name or names, all such estate and estates, as well real as personal, debts
and
other effects, books, evidences and papers, as they shall find due or belonging
to
the said absconding person, and the same, when received, shall apply as
herein after
directed; and the said trustees may and shall also take advantage of all
conditions
in favour of the said absconding person, and make tenders to save penalties
or defeat conditions, as the said absconding person might have done, and
be invested
with all equitable as well as legal interests that the said absconding
person
had. |
Who are to
give notice of
their appointment,
&c. |
VIII. Provided
nevertheless, That the said trustees shall not bring any suit or
suits in the chancery court, for any equitable manner, unless at least
two thirds in
value of the creditors (with respect to their claims) agree thereto, unless
at the
sole and separate cost, and for the sole and separate benefit, of the creditors
at
whose instance such suit is brought, when less than two thirds in value
require
the same. And in case any person indebted to the said absconding
person, or |
Proviso.
Persons indebted,
&c. |
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