ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1803.

plication of the party at whose suit the said person was imprisoned, and on his producing a certifi-
cate from the register in chancery, that such person hath not appeared before the chancellor, agree-
ably to the said order, to remand the said person to the prison from which lie was discharged, there
to remain until discharged by a due course of law; and provided always, that if any creditor of any
petitioning debtor in the gaol of Allegany county shall require security of the petitioner, that the
judge or justice aforesaid shall not release any petitioner until he or they shall give such security as
the judge or justice shall require, for his appearance before the chancellor within three months from
the date of his discharge as aforesaid.

CHAP,
CIV.

XIII. AND BE IT ENACTED, That the chancellor may, by order, limit and appoint the tinip for
creditors to bring in and declare their claims, and may examine such creditors, and also the debtor,
on oath or affirmation, concerning the same, and, on any contested claim, may, if he thinks proper,
order the same, or any fact concerning the same, to be tried on an issue framed for that purpose, and
may order any pan of the petitioning debtor's estate to be set apart and retained for the eventual
satisfaction of any contested claim, or to be brought again into distribution; and if any creditor to
whom a real debt is due, shall collude with the debtor to gain an undue preference in the satisfaction
of his debt, or for concealment of any part of the debtor's estate or effects, or shall contrive or
coneert any acknowledgment of the debtor, by parole, or in writing, or any kind of security, to
give false colour to his claim for more than is bond fide due, such creditor shall lose his debt truly
due, and shall be totally excluded in the distribution.

Chancellors to
limit the time,

&c.

XIV. AND BE IT ENACTED, That if the said debtors, or any of them, shall be arrested or im-
prisoned on any process sued out on any judgment or decree obtained against them, or any of them,
for any debt, damage or costs, contracted, owing or growing due, before the passage of this act, the
court, out of which such process issued, or any one judge of the general court, or the chief justice
of the district court, or the two associate justices of the county court of the county where the said
debtor may be arrested or imprisoned, on application made to them, shall and may discharge such
debtor on motion; and if the said debtors, or any of them, shall be arrested or imprisoned on any
process for the recovery of any debt, damages or costs, contracted, owing or growing due, before
the passage of this act, the court before whom such process shall be returned shall and may dis-
charge such debtor or debtors out of custody on his common appearance being entered, without any
special bail; provided, that the discharge of such debtor or debtors shall not acquit any other per-
son from such debt, damages or costs, or any part thereof, but that all such persons shall be answer-
able for the same in such manner as they were before the passing of this act.

If arrested,
may be dis-
charged, &c.

XV. AND BE IT ENACTED, That each insolvent debtor shall pay to the register of the court of
chancery the sum of five dollars, to be paid to the chancellor.

Debtor to pay,
&c.

XVI. AND BE IT ENACTED, That all proceedings in chancery under this act shall be recorded by
the register, who shall be entitled to the same fees as are fixed by law for services in other cases,
which shall be paid at the time of obtaining the discharge.

Proceedings to
be recorded, &c.

XVII. AND BE IT ENACTED, That in all appointments of trustees under this act by the chancel-
or, in the room of any person before appointed, the chancellor shall consult the creditors, and
govern himself by the choice of a majority of them in value, unless upon notice being given by pub-
lic advertisement, or in such manner as he shall think reasonable, the said creditors shall neglect to
make such choice.

Creditors to be
consulted, &c.

XVIII. AND BE IT ENACTED, That if any creditor, on the application of any such debtor to the
chancellor, or within three months thereafter, shall allege, in writing, to the chancellor, that such
debtor is an object of the bankrupt law of the United States, and is liable to be made a bankrupt un-
der said law, the said chancellor may thereupon, at the election of the creditor making such allega-
tion, either examine the said debtor on oath or affirmation, on interrogatories, touching the said
allegations, and 'may compel the said debtor to produce his books of accounts, or direct an issue or
ssues in a summary way, without the form of an action, to determine the truth of the same; and
of upon the answer of the said interrogatories, and production of said books of accounts on the trial
of the said issue or issues, any such debtor shall be found to be an object of the bankrupt law of the
United States, and as such liable to be proceeded against, and to be made a bankrupt, he shall be
precluded from any benefit of this act.

On application,
debtor may be
examined, &c.

XIX. AND BE IT ENACTED, That none of the said debtors who do not make application as
foresaid on or before the first day of June next, shall have any benefit of this act.

Time limitted.