LAWS OF MARYLAND.—1825.

863

to be approved of by the court, to the creditor or creditors who
may have filed the said allegations, with condition to the
following effect: that if the said insolvent debtor (the party
appellant) shall not cause a transcript of the record and proceed-
ings of the said opinion and judgment thereupon rendered, to
be transmitted to the next court of appeals, to be holden for the
western or eastern shore, as the case may be, and prosecute the
said appeal with effect, or satisfy and pay to the said creditor or
creditors (so filing the said allegations) his, her or their execu-
tors, administrators or assigns, in case the said opinion and
judgment should be affirmed, as well the debt or claim of the
said creditor or creditors with legal interest thereon and costs,
as also all costs that may be awarded by the court of appeals,
or render himself in execution upon any capias ad satisfacien-
dum which may be issued upon the said judgment, in case the
said opinion and judgment shall be affirmed, then the said
bond to be and remain in full force and virtue, otherwise of no
effect.

SEC. 7. And be it enacted, That the right of appeal as herein
before provided in all cases of allegations against an insolvent
debtor which may hereafter occur, is hereby extended to all
cases of allegations which have been filed or decided since the
first day of January, eighteen hundred and twenty-three.

Appeal
granted re-
trospec-
tively.

SEC. 8. And be it enacted. That from and after the passage
of this act, it shall be the duty of any county court, or of any
judge of any county court, or of any justice of the orphans
court to whom application may be made for the benefit of the
insolvent laws of this state by any person or persons whatso-
ever, immediately thereupon to appoint a provisional trustee for
the creditors of the said applicant; and the county court, judge
or justice, as the case may be, shall not grant a personal dis-
charge to the applicant until the said provisional trustee so to
be appointed as aforesaid shall give bond with security to be
approved of by the said county court, judge or justice, as the
case may be, conditional for the faithful discharge of his trust,
and until the said applicant shall execute to the said provisionaf
trustee, a good and sufficient deed for all his estate, both real
and personal, the necessary wearing apparel and bedding of
himself and family excepted, for the benefit of the creditors of

Provisional
trustee-
bond; deed.

the said applicant, and until the said provincial* trustee so to be
appointed shall certify in writing to the said county court,
judge or justice, as the case may be, that he is in possession of
all the estate of the said applicant mentioned in his schedule.
This section is modified by 1827, ch. 70, sec. 1 and 9, which dispenses
with a provisional trustee, elsewhere than in the city and county of Balti-
more.

(*provi-

sional)