general court of the shore, or to the county court where such debtor
shall reside, that
such debtor hath directly or indirectly sold, conveyed, lessened, or otherwise
disposed of, or purchased,
in trust for himself, or any of his family or relations, or any other person
or persons, intrusted
or concealed, any part of his property of any kind, or any part of his
debts, rights or claims,
with intent to deceive or defraud his creditors, or any of them, or to
secure the same, or to receive
or expect any profit or advantage thereby, or that he has passed bonds,
or other evidences of debts,
either without consideration or on improper consideration, or lost more
than one hundred pounds
current money by gaming at any one time, or hath assigned or conveyed any
of his property with
fraudulent intent to give undue and improper preference to any creditor
or creditors, or security,
within two years before the passage of this act, the said chancellor, or
court, may thereupon, at
the election of the creditor making such allegation, either examine the
said debtor, and any person
or persons to whom he may have made any conveyance or conveyances of his
property, or passed
bonds or evidences of debts as aforesaid, on interrogatories, on oath
or affirmation, touching the
subject of the said allegations, or direct an issue or issues in a summary,
way, without the form of an
action, to determine the truth of the same; and if, upon the answer of
the said interrogatories, or
the trials of the said issue or issues by a jury, such debtor shall be
found guilty of any intentional
fraud or deceit of his creditors, or loss by gaming as aforesaid, or of
having given preference as
aforesaid, he shall for ever precluded from any benefit of this act; and
in case such debtor, or
other person, shall, at any time thereafter, upon any indictment, be convicted
of willfully, 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 as in the case of wilful and corrupt
perjury, and be for ever debarred
from any benefit of this act.
X. AND BE IT ENACTED, That the chancellor may
allow any trustee to be appointed by virtue
of this act such commission for his trouble as he shall think reasonable,
not exceeding eight per cent.
and if any complaint shall be made to the chancellor of the conduct of
any trustee, by any creditor
interested in the distribution of any estate, or if any trustee hath or
shall become insolvent, the chancellor
may call such trustee before him, and inquire into the cause of complaint
in a summary way,
and make such rules and orders as shall be judged necessary for the speedy
accomplishment of the object
of the trust, and punish the said trustee, as for a contempt, in case of
his not obeying the
same, and if he thinks it necessary, he may remove the said trustee, and
appoint another person
in his place.
XI. AND BE IT ENACTED, That if any debtor,
who shall petition the chancellor in virtue of this
act, shall be imprisoned at the time of exhibiting such petition, it shall
be lawful for the chancellor
to order the sheriff in whose custody he shall be, to bring him before
him, at a certain time by him
in the said order to be appointed, for the purpose of taking the oath or
affirmation herein before
mentioned; and the said sheriff shall obey the said order, and shall be
entitled to a preference, after
the discharge of all liens on the said debtor's estate, to all other creditors,
in the payment of his
account against the said debtor for legal fees of imprisonment, and his
reasonable expences in carrying
the said debtor to the chancellor in obedience to his order as aforesaid,
any thing in this act to
the contrary notwithstanding; and in case such imprisoned debtor shall
have any creditors beyond sea,
the chancellor may, in his discretion, order the sheriff to bring the said
debtor before him at such
time as he thinks proper, and on his taking the oath herein before mentioned,
may direct that
the body of such debtor shall be discharged from imprisonment, and appoint
a time when such debtor
shall appear before him to answer any interrogatories which his creditors
may propose to him,
on not less than six months notice as aforesaid, any thing in this
act to the contrary notwithstanding;
provided, that such discharge from imprisonment shall not operate as a
discharge of any of the debts of
said imprisoned debtor; and provided, that the said imprisoned debtors,
at the time of the discharge,
if required by the chancellor, shall enter into bond, with such penalty,
and with security, as
the chancellor shall direct and approve, conditioned for the personal appearance,
at such time or times
as the chancellor shall direct, to answer the allegations of their creditor
or creditors, according
to the provisions aforesaid; and if the said debtors shall not enter into
bond as aforesaid, if required
by the chancellor, then such debts shall remain in confinement until their
application, (if objected
to,) shall be decided on.
XII. AND BE IT ENACTED, That in case any person
named in this act may be imprisoned in any
gaol on the eastern shore, or in Allegany county, it shall be lawful for
the judge of the district, or
any associate justice of the county, on the application of such person,
at any time before the first day
of June next, to order the sheriff in whose custody he may be to bring
the said person immediately
before him, for the purpose of taking the oath, or affirmation, if
required, for delivering up his |
CHAP.
XLIV.
Chancellor may
allow a commission,
&c.
And order imprisoned
debtors
to be
brought before
him, &c.
Judge, &c. on
E. shore may
order the sheriff,
&c. |
