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Session Laws, 1804
Volume 562, Page 3   View pdf image (33K)
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1804

NOVEMBER. LAWS OF MARYLAND.

C H A P.
II.

vested with all the property of every kind, and all the debts, rights and credits, of the said James
Gantt, as completely as the former trustee was vested with the same.

On executing a
deed, to be dis-
charged, &c.

III. AND BE IT ENACTED, That upon the said James Gantt's executing and acknowledging a
deed to the trustee to be appointed as aforesaid, conveying all his property, real, personal and mix-
ed, and all debts, rights and claims, agreeably to the oath of the said James Gantt, and on his de-
livery to the said trustee all his said property which he shall have in his possession, and of his
books, papers, and evidences of debts, rights and claims, of every kind, and the said trustee certi-
fying the same, in writing, to the said chancellor, the said chancellor shall order and direct that the
said James Gantt be released from all debts, covenants, judgments, contracts and agreements, due
from, or owing or contracted by him, before the date of the said deed, and by virtue of the said or-
der the said James Gantt shall be discharged as aforesaid; provided, that any property which the
said James Gantt shall hereafter acquire in his own right, by devise, bequest, descent, or in course
of distribution, shall be liable for the payment of his said debts; and provided also, that the dis-
charge of the said James Gantt in virtue of this act shall not discharge any person or persons who
now is, are or shall be, liable or answerable for him in any manner whatever, except such persoa or
persons as are special bail for the said James Gantt, who are hereby discharged therefrom.

When fraud is
alleged, debtor
may be examin-
ed, &c.

IV. AND BE IT ENACTED, That if any creditor of the said James Gantt shall, within two years
from the passing of this act, allege, in writing, to the chancellor of this state, or the county court
of the county where the said James Gantt shall reside, and confirm his allegation by such proof as
the chancellor, or the court aforesaid, shall deem sufficient, that the said James Gantt hath, before
the passing of this act, directly or indirectly sold, conveyed, assigned, or otherwise disposed of, or
purchased in trust for himself, or intrusted or concealed, any part of his property of any kind, or any
part of his debts, rights or claims, thereby to deceive or defraud his creditors, or any of them, or to
receive or to expect any profit or advantage thereby, the said chancellor, or court respectively, may
thereupon, at the election of the creditor making such allegations, either examine the said James
Gantt on interrogatories, on oath or affirmation, touching the subject of said allegations, or direct
an issue or issues in a summary way, to determine the truth of the same; and if upon the answer of
the said interrogatories, on the trial of the said issue or issues by a jury, the said James Gantt shall
be found guilty of any fraud or deceit of his creditors, he shall be for ever precluded from any be-
nefit of this act; and if the said James Gantt shall at any time thereafter, upon indictment, be con-
victed of wilfully, falsely and corruptly swearing or affirming to any matter or thing to which he
shall swear or affirm by virtue of this act, he shall suffer such punishment as in the case of wilful
and corrupt perjury.

Creditor liable
to pay, Sic.

V. AND BE IT ENACTED, That the creditor or creditors making such allegations shall be liable
to pay to the said James Gantt such costs and damages as the said chancellor or court, as the case
may be, before whom the allegations or issue or issues shall be tried, shall award, if the said James
Gantt shall not be convict thereof.

On petition,
to be dis-
charged, &c.

VI. AND BE IT ENACTED, That if the said James Gantt shall petition to the chancellor, in
writing, with his oath or affirmation annexed to such petition, offering to deliver up to his creditors
all his property, rights and credits, of every kind whatsoever, it shall be lawful for the said chan-
cellor immediately to order the sheriff in whose custody he is to discharge the said James Gantt out
of his custody; and if the said James Gantt 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 discharge the said James Gantt
out of his custody, on his common appearance being entered, without any special bail, provided that
such discharge shall not acquit any other person or persons from such debt, damages or costs, or
any part thereof, but that all such persons shall be answerable for the same in such manner as they
were before the passing of this act.

CHAP. III.

Passed Janua-
ry 5, 1805.

An ACT to authorise and empower the levy court of Baltimore
county to assess and levy a sum of money for the purposes therein
mentioned.

Preamble.

WHEREAS it is represented to this general assembly, by the petition of John Murray, of Bal- ,
timore county, that by an act passed in the year seventeen hundred and ninety-one, to lay
out a road, at the charge of Baltimore county, from the Little falls of Gunpowder to Baltimore-
town, in continuation of the road front Belle-Air to said falls, five freeholders might be ap-



 
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Session Laws, 1804
Volume 562, Page 3   View pdf image (33K)
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