| 210
Dec. Ses. 1825. |
JOSEPH KENT, ESQUIRE, GOVERNOR.
shall suffer as in case of wilful and corrupt perjury, and be forever
debarred from any benefit of the insolvent laws of this
state. |
When fraud
is proved insolvent
debard
& costs
provided for. |
5. And be it enacted, That if upon
the answer of any insolvent
debtor to any interrogatories, or if upon the trial of any issue or
issues by a jury, upon allegations which may be filed against any
such debtor, such debtor shall be found guilty of any fraud or
deceit of his creditors, the county court in which such interrogatories
or allegations may or shall be filed, shall give judgment
for the creditor or creditors preferring such interrogatories
or allegations against such insolvent debtor, for his reasonable
costs and charges in that behalf sustained, and such insolvent
debtor shall be debarred from any benefit of the insolvent laws
of this state. |
| Appeal granted. |
6. And be it enacted, That upon the
hearing of any allegations
which may hereafter be filed against any insolvent debtor in
any county court, the said insolvent may have a right to appeal
from any opinion of the said court, to the court of appeals of the
Eastern or Western Shore of this state, as the case may be, and
the said appeal shall operate as a supersedeas upon any judgment
rendered in pursuance of the said opinion: Provided, The
said insolvent debtor shall give bond with security, 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 proceedings 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 executors, 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 satisfaciendum 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. |
Appeal granted
retrospectively. |
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. |
Provisional
trustee—bond
—deed. |
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 orphan's court to
whom application may be made for the benefit of the insolvent
laws of this state by any person or persons whatsoever, immediately
thereupon to appoint a provisional trustee for the creditors
of the said applicant; and the county court, judge or justice, as |
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