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Session Laws, 1805
Volume 607, Page 90   View pdf image (33K)
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or other property, debts, rights or claims, thereby to defraud my creditors, or any of them, or to.
secure the same to receive or expect any profits, benefits or advantages, thereby; " and the county
court shall thereupon name such person as a majority of the creditors in value, their agents or at-
ornies, shall recommend, to be trustee for the benefit of the creditors of the petitioning debtor, or
in case of nonattendance of the creditors, or of their not making a recommendation, the county
court shall name such person as they shall think proper, to be trustee as aforesaid.

III. AND BE IT ENACTED, That no person herein before mentioned shall be entitled to the bene-
fit of this act, unless the county court shall be satisfied, by competent testimony, that he has resided
the two preceding years within the state of Maryland prior to the passage of this act, and unless, at
the time of presenting his petition as aforesaid, he shall produce to the county court the assent, in
siting, of so many of his creditors as have due to them the amount of two thirds of the debts due
by him at the time of the passing of this act or at the time of his application to the county court
for the benefit of this act; provided, that foreign creditors, not residing within the United States,
or not having agents or attornies therein, duly authorised and empowered to act in their behalf,
shall not, for any purpose, be considered as creditors within the meaning of this clause; and pro-
vided also, that the county court; or any judge during the recess of the court, may, without the as-
sent of the creditors as aforesaid, order to be discharged from custody any of the said petitioners
who may at any time be in actual confinement in virtue of any process issued, or that may be issued,
in pursuance of any debt at this time due and owing, or at. the time of his application to the county
court for the benefit of this act, which discharge is hereby declared to be a release only of the per-
son of such debtor, but not of his property, unless, the assent in writing of two thirds in value of
the creditors aforesaid be obtained.

IV. AND BE IT ENACTED, That before such trustee proceeds to act, he shall give bond for the
faithful performance of his duty to the state of Maryland, for the use of the creditors of said
petitioning debtor, in such penalty, as the county court shall direct, which shall be recorded in
the office of the county court, and a copy thereof, certified under the hand of the clerk of said
court, shall be good evidence in any court of law or equity of this state; and if any trustee appoint-
ed by virtue of this act shall refuse to act, or die, or neglect to give bond as aforesaid in a reason-
able time, to be judged of by the county court, or be removed by the county court for misbehaviour,
the county court shall appoint such person as they shall think proper in his place, who shall give
bond as aforesaid, and on giving such bond, (in case the said debtor had conveyed his property to the
former trustee, ) he shall immediately be vested with all the property of every kind, and all the debts,
rights and credits, of the said debtor, as completely as the former trustee was vested with the same.

V. AND BE IT ENACTED, That upon the said petitioning debtor's executing and acknowledging a
deed to the trustee to be appointed as aforesaid, which deed is hereby directed to be recorded with-
in the time limitted by law, conveying all his property, real, personal and mixed, and all debts,
rights and claims, agreeable to the oath, or affirmation of such debtor as aforesaid, and on his deli-
very to the said trustee all his said property which he shall have in possession, and of his books,
papers, and evidence of debts of every kind, and the said trustee's certifying the same in writing to
the county court, it shall be lawful for the county court to order that the said debtor shall be dis-
charged, as well from all debts, covenants, contracts, promises and agreements, due from, or owing or-
contracted: in his individual, as also in a copartnership capacity, by him, before the passage of this act,
or at the time of his application to the county court for the benefit of this act, and by virtue of
such order the said, debtor shall be discharged as aforesaid; provided, that no person who has
been guilty of a breach of the law, and hath been fined, or is liable to be fined for such breach,
shall be discharged from, the payment of any fine incurred for any breach of the laws of this state;
and provided, that" any property which he shall hereafter acquire by gift, descent, or in his own
right by bequest, devise, or in any course of distribution, shall be liable to the payment of the said
debts; and provided also, that the discharge of such debtor shall not operate so as to discharge any
other person from any debt.

VI. AND BE IT. ENACTED, That the county court may allow such petitioning debtor to retain the
necessary wearing apparel and bedding of himself and family.

VII. AND BE IT ENACTED, That the county court may direct any trustee to be appointed by vir-
tue of this act to sell and convey the property conveyed to him by the petitioning debtor, at such
time, and on such terras and conditions, as they shall think most for the advantage of the creditors,
and the produce thereof, after, satisfying all judgments, incumbrances and liens, shall be divided

C H A P.


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Session Laws, 1805
Volume 607, Page 90   View pdf image (33K)
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