1803.

NOVEMBER. LAWS OF MARYLAND.

CHAP.
CIV.

veyance of his property, or passed bonds or evidences of debt as aforesaid, on interrogatories,
(of which interrogatories the person or persons answering the same shall, at the election of the
person or persons making the allegation, be furnished With a copy or copies,) on oath or a affir-
mation, touching the subject of the said allegations, or direct an issue or issues in a summary way,
without the form of an action, to determine the truth of the same, and if, upon the answer of the
said interrogatories, or the trial of the said issue or issues by a jury, such debtor shall be found guil-
ty of any fraud or deceit of his creditors, or loss by gaming as aforesaid, or having given pre-
ference as aforesaid, he shall be for ever precluded from any benefit of this act, and in case such
debtor or other person shall, at any time thereafter, upon any indictment found in the county court
of the county in which such debtor may reside, or in the county where such oath or affirmation shall
have been taken or administered, be convicted of wilfully, falsely and corruptly, swearing or affirm-
ing to any matter or thing to which he shall swear or affirm by virtue of this act, he shall suffer as.
in case of wilful and corrupt perjury, and be for ever debarred from any benefit of this act.

Commission al-
lowed, &c.

X. AND BE IT ENACTED, That the chancellor may allow any trustee to be appointed by virtue of
this act such commission for his trouble as he shall think reasonable, not exceeding eight per cent,
and if any complaint shall be made to the chancellor of the conduct of any trustee by any creditor
interested in the distribution of any estate, or if any trustee hath or shall become insolvent, the
chancellor may call such trustee before him, and inquire into the cause of complaint in a summary
way, and make such rules and orders as shall be judged necessary for the accomplishment of the ob-
ject of the trust, and punish the said trustee as for a contempt in case of his not obeying the same, and
if he thinks it necessary, he may remove the said trustee and appoint another person in his place.

Chancellor may
order debtors to
be brought be-
fore him, &c.

XL AND BE IT ENACTED, That if any debtor, who shall petition the chancellor in virtue of this
act, shall be imprisoned at the time of exhibiting such petition, it shall be lawful for the chancellor
to order the sheriff in whose custody he shall be, to bring him before him at a certain time by him
in the said order to be appointed, for the purpose of taking the oath or affirmation herein before
mentioned, and the said sheriff shall obey the said order, and shall be entitled to a preference, after
the discharge of all liens on the said debtor's estate, to all other creditors, in the payment of his
account against the said debtor for legal fees of imprisonment, and his reasonable expences in carry-
ing the said debtor to the chaneellor, in obedience to his order as aforesaid, any thing in this act: to
the contrary notwithstanding; and the chancellor may direct that the body of such debtor shall be
discharged from imprisonment, and appoint a time when such debtor shall appear before him to an-
swer interrogatories which his creditors may propose to him, on not less than three months notice as
aforesaid, any thing in this act to the contrary notwithstanding; provided, that such discharge from
imprisonment shall not operate as a discharge of any of the debts of the said imprisoned debtors;
and provided, that the said imprisoned debtor, at the time of his discharge, if required by the chan-
cellor, shall enter into bond, with such penalty and security as the chancellor shall direct and ap-
prove, conditioned for his personal appearance at such time or times as the said chancellor shall di-
rect, to answer the allegations of their creditor or creditors according to the provisions aforesaid;
and if the said debtor shall not enter into bond as aforesaid, if required by the chancellor, then such
debtor shall remain in confinement until the application, (if objected to,) shall be decided on.

Judge, &c. in
Allegany coun-
ty may order

the sheriff, &c.

XIII. AND BE IT ENACTED, That in case any person named in this act may be imprisoned in the
gaol of Allegany county, it shall be lawful for the judge of the district, or any associate justice of
the county, on the application of such person, at any time before the first day of September next,.
to order the sheriff in whose custody he may be, to bring the said person immediately before him,
for the purpose of taking the oath or affirmation, if required, for delivering up his property to his cre-
ditors; and if the said person, so brought before the judge or justice, shall produce a petition to
the chancellor, with a schedule of his whole property, and a list of his creditors, on oath, as herein
required, thereto annexed, and also the assent of two thirds of his creditors, and shall, before the
said judge or justice, take the oath required for delivering up his property for the use of his credi-
tors, it shall be lawful for the said judge or justice to order that the said person be discharged
from imprisonment, and appear before the chancellor within one month from the time of such
discharge; provided, that before such judge or justice shall make such order as aforesaid, he shall
take a bond to the state, from two good and sufficient securities, in the penalty of double the amount
of debts of the said debtor, conditioned for his or her appearance before the chancellor within the
time prescribed; and if such order shall be made, the said judge or justice shall transmit the said
petition, and assent of his creditors In writing as aforesaid, with the schedule and list on oath as
aforesaid, annexed, to the chancellor, and a certificate of the oath taken before him by such debtor;
provided nevertheless, that if the said person, so discharged from imprisonment, shall not appear
before the chancellor agreeably to the said order, it shall be lawful for any judge or justice, on ap-