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Session Laws, 1794
Volume 646, Page 72   View pdf image
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1794.

LAWS of MARYLAND.

CHAP.
LXX1I.

property, or paffed bonds or evidences of debts as aforefaid, on interrogatories, on
oath or affirmation, touching the fubject of the faid allegations, or aired an iffue
or iffues, in a fummary way, without the form of an action, to determine the
truth of the fame; and if, upon the anfwer of the faid interrogatories, or the trials
of the faid iffue or iffues by a jury, fuch debtor fhall be found guilty of any fraud
or deceit of his creditors, or lofs by gaming as aforefaid, he or fhe fhall for ever
be precluded from any benefit of this act; and in cafe fuch debtor, or other per-
fon, fhall, at any time thereafter, upon any indictment, be convided of wilfully,
falfely and corruptly, iwearing or affirming to any matter or thing to which he
fhall fwear or affirm by virtue of this act, he or fhe fhall fuffer as in cafe of wil-
ful and corrupt perjury, and be for ever debarred from any benefit of this act.

Chancellor
may allow a
commiffion,
&c.

IX. And be it enacted, That the chancellor may allow any truftee to be ap-
pointed by virtue of this act fuch commiffion for his trouble as he fhall think
reafonable, not exceeding eight per cent, and if any complaint fhall be made to
the chancellor of the conduct of any truftee, by any creditor interefted in the
diftribution of any efcate, the chancellor may call fuch truftee before him, and
inquire into the caufe of complaint in a fummary way, and make fuch rules and
orders as fhall be judged neceffary for the fpeedy accomplishment of the object of
the truft, and punifh the faid truftee, as for a contempt, in cafe of his not obey-
ing the fame, and, if he thinks it neceffary, he may remove the faid truftee, and
appoint another perfon in his place.

And order
imprifoned
debtors to be
brought be-
fore him, &c.

X. And be it enacted, That if any debtor, who lliall petition the chancellor
in virtue of this act, fhall be imprifoned at the time of exhibiting fuch petition,
it fhall be lawful for the chancellor to order the fheriff in whofe cuftody he fhall
be, to bring him before him, at a certain time by him in the faid order to be ap-
pointed, for the purpofe of taking the oath or affirmation herein before mention-
ed; and the faid fheriff fhall obey the faid order, and fhall be entitled to a pre-
ference, after the difcharge of all liens on the faid debtor's eftate, to all other
creditors, in the payment of his account againft the faid debtor for legal fees of
imprisonment, and his reafonable expences in carrying the faid debtor to the
chancellor in obedience to his order as aforefaid, any thing in this act to the con-
trary notwithstanding; and in cafe fuch imprifoned debtor fhall have any credi-
tors beyond fea, the chancellor may, in his difcretion, order the fheriff to bring
the faid debtor before him at fuch time as he thinks proper, and on his or her
taking the oath herein before mentioned, may direct that the body of fuch debtor
fhall be difcharged from imprifonment, and appoint a time when fuch debtor
fhall appear before him to anfwer any interrogatories which his or her creditors
may propofe to him, on not lefs than fix months notice as aforefaid, any thing
in this act to the. contrary notwithftanding; provided, that fuch difcharge from
imprifonment fhall not operate as a difcharge of any of the debts of the faid im-
prifoned debtor; and provided, that the faid imprifoned debtors, at the time of
their difcharge, if required by the chancellor, fhall enter into bond, with fuch
penalty, and with fecurity, as the chancellor fhall direct and approve, conditioned
for the perfonal appearance at fuch time or times as the faid chancellor fhall direct,
to anfwer the allegations of their creditor or creditors, according to the provifions
aforefaid; and if the faid debtors fhall not enter into bond as aforefaid, if required
by the chancellor, then fuch debtors fhall remain in confinement until their ap-
plication (if objected to) fhall be decided on.

judge, &c. on
E. fhore may
order the fhe-
riff, &c.

XL And be it enacted, That in cafe any perfon named in this bill may be
imprifoned in any gaol on the eaftern fhore, it fhall be lawful for the judge of the
diftrict, or any affociate juftice of the county, on the application of fuch perfon,
at any time before the firft day of April next, to order the fheriff in whofe cuf-
tody he may be, to bring the faid perfon immediately before them for the purpofe
of taking the oath, or affirmation, if required, for delivering up his property to
his creditors; and if the faid perfon, fo brought before the judge or juftice, fhall
produce a petition to the chancellor, with a fchedule of his whole property, and
a lift of his creditors, on oath, as herein required, thereto annexed, and fhall,
before the faid judge or juftice, take the oath required for delivering up his pro-
perty



 
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Session Laws, 1794
Volume 646, Page 72   View pdf image
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