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CHAP. 11.
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should be kept indemnified from all loss; that such arrangements
were constantly made throughout all the commercial cities of the
United States, and that it was hardly possible to carry on an ex.
tensive commerce, where credit was essentially necessary, without
the existence of some similar understanding; that the said petition-
ers, being thus circumstanced with the said Hazlehurst, Brothers and
Company, at the time of failure as aforesaid, and believing them.
selves compelled by every honourable as well as equitable obliga-
tion, and having in their view the sanction which long established
usage had given to the measure, they executed a deed of trust of ail
and singular their estate, property and effects, in trust, to secure
the said Hazlehurst, Brothers and Company, the amount of accom-
modation, and other securities, which they had entered into solely
for the benefit of the said petitioners, leaving them, however, on
the same footing with the other creditors of the said petitioners, as
to a considerable balance which was due to them on general account;
the petitioners further stated, that some time after their failure,
they made application to Baltimore county court for the benefit of
the existing laws of this state made for the relief of insolvent debt-
ors, and that having obtained the assent of two-thirds in value of
their creditors to their discharge, their case came on for hearing
at the last March term of the said county court, when it was ad-
judged and determined by the said court, that the deed or convey-
ance, so as aforesaid executed by the said petitioners, was an un-
due and improper preference within the true intent and meaning
of the said acts of assembly, notwithstanding the passage of the
act explanatory of the original law on that subject was a long time
subsequent to the execution of the aforesaid deed. The petitioners
further stated, that upon a judgment obtained against them, since
their application for the benefit of the insolvent Jaws, a writ of ca-
pias ad satisfaciendum has issued, and been served on the said Da-
vid C. Stewart and Lloyd Buchanan, two of the said petitioners,
and that they were immediately after the aforesaid decision of the
court, on the prayer of the plaintiffs, committed to the sheriff of
Baltimore county, in whose custody they now are; they further
stated, that they have not acquired any property, effects or money,
since the making of the aforesaid deed by them, nor have they any
means wherewith to satisfy their creditors, further than mentioned
in a schedule annexed to their petition, now of record in the said
county court; and therefore prayed that a special act might pass,
to release them immediately from confinement, and from all debts,
covenants, contracts and engagements, entered into by them prior
to the first day of May, in the year of our Lord one thousand eight
hundred and six, upon such terms as might be deemed equitable
and proper, and that they might be protected against executions
until the obtention of their final discharge; and this general assem-
bly being of opinion, that under the said circumstances, the prayer
of the said petitioners is reasonable, therefore,
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On application,
sheriff to bring
them before court,
&c.
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2. BE IT ENACTED, by the General Assembly of Maryland, That
upon the application of David C. Stewart, Lloyd Buchanan and
William P. Stewart, or either of them, to the county court of Balti-
more, or to any one of the judges of the sixth judicial district, in
the recess of the said court, for the benefit of this act, the said court,
or any one of the judges aforesaid, shall order the sheriff of Bal-
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