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Session Laws, 1807
Volume 596, Page 93   View pdf image
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ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

1807.

poses, as a devise to him the said Jacob Schnebly, and his heirs, in fee-simple; and that the devise
in the said will of certain lands to the testator's son, David Schnebly, by name, shall be deemed
and taken, to all intents and purposes, as a devise to him the said David Schnebly, and his heirs, in
fee-simple; provided always, that the lands so devised to the persons above named, shall stand at,
and be subject to, the valuation imposed upon them by the testator respectively, and that the holders
thereof shall be respectively liable to pay such sum or sums of money as may be necessary upon
any after happening event, to equalize the property of the said devisees, or to make good losses that
may happen to any of them, by a recovery or recoveries under any title paramount to that under
which the testator held, according to the true meaning and provisions of the said will; provided
also, that nothing herein contained shall be deemed, construed or taken, to affect or interfere with,
in any manner, the right, interest or claim, of any person or persons, body politic or corporate,
except only the heirs aforesaid of him the said doctor Henry Schnebly, deceased!

CHAP. CL.

CHAP.

CXLIX,

A Further supplement to the act, entitled, An a£l for the relief of
sundry insolvent debtors, passed at November session, eighteen
hundred and five.

Passed 20th of
January, 1808.

WHEREAS by the original act to which this is a supplement, it is provided, that if any debtor,
applying for the benefit of the said act, shall have at any time lost more than one hundred dol-
lars by gaming at one time, such debtor shall be for ever precluded from any benefit of the said act, by
the generality of which provision the whole space of a man's life is embraced, which is deemed un-
reasonable and improper; therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That no debtor applying for the benefit
of the said act, and the act supplementary thereto, shall be precluded from the benefit thereof for
and on account of such debtor having at any. time lost more than one. hundred dollars by gaining at
one time, unless such losing shall have happened within the. space of three years next before the ap-
plication of such debtor for the benefit of the same.

No debtor to be
precluded, &c.

Ill. AND, whereas by the twenty-first and last section of the original law to which this is a sup-
plement, any debtor not named in the said original law, who is or hereafter may be in actual con-
finement, and who applies for the benefit of that law under the provisions contained in the aforesaid
section, is placed in a very different situation from that of a debtor named in the said law who should
be in confinement, in as much as the former must apply to the court of his county, which is only in
session twice a year, and is not permitted to apply to a single judge out of term time, and must also
give two months previous notice of his intended application; therefore, BE IT ENACTED, That if
any debtor, who shall petition in virtue of the said original act and the supplement thereto, shall be
imprisoned at the time of exhibiting his petition, it shall be lawful for the county court, or any judge
thereof, to order the sheriff, or other officer, in whose custody he shall be, to bring him or her be-
fore such court or judge, at a certain time in the said order to be appointed, for the purpose of
taking the oath, or affirmation, in the said original act prescribed to be taken by an insolvent debtor,
and the said sheriff, or other officer, shall obey the said order, and shall be entitled to a preference,
after a 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 expenses in
carrying the said debtor to the county court, or any judge thereof, in obedience to the order as
aforesaid, any thing in the said original act or the supplement thereto notwithstanding; and the
court, or any judge thereof, may direct that the body of such debtor shall be discharged from impri-
sonment, and appoint a time when such debtor shall appear before the county court, to answer in-
terrogatories which his creditors may propose to him, on not less than three months notice, as by
the said original act is provided, any thing in the said original act, or the supplement thereto, to
the contrary notwithstanding; provided, that such discharge from imprisonment shall not operate
as a discharge of any of the debts of the said imprisoned debtor; and provided, that the said im-
prisoned debtor, at the time of his discharge, if required by the county court, or any judge thereof,
shall enter into a bond, with such penalty and security as the county court, or any judge thereof,
shall direct and approve, conditioned for his personal appearance at such time or times as the said
court, or any judge thereof, shall direct, to answer the allegations of his creditor or creditors, ac-
cording to the provisions aforesaid, and if the said debtor shall not enter into bond aforesaid, if re-
quired by the county court, or any judge thereof, then such debtor shall remain in confinement until
the application, if objected to, shall be decided upon.

Court, &c. may
order the she-
riff, &c.



 
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Session Laws, 1807
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