clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 133   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

Acts. 133


After which Proceedings, and Oath, so had and made, it shall and
may be lawful for any such Person or Persons as aforesaid, that
shall be actually in Prison, for any of the Causes, and in Manner as
aforesaid, at the next County Court after such Imprisonment, to be
held for the County where such Debtors are in Prison, or at any
other Court thereafter, give an Account upon Oath, to the Justices
of the said Court, or any Three of them as aforesaid, of all his
Estate, real and personal; and of his Readiness to surrender up, and
assign to such Trustee or Trustees, being appointed as aforesaid,
or for want of such Trustee or Trustees, to the Sheriff of the said
County, according to the Oath herein before prescribed, and declare
his Willingness to part with the same, to be equally divided amongst
his or their Creditors, towards Satisfaction of his or their Debts ;
upon which Tender or Surrender to be made, it shall and may be
lawful to and for the said Justices, or any Three of them, in Court
sitting, as aforesaid, and they are hereby impowered and required,
to cause publick Notice to be given, to all his or their Creditors, in
Forty Days after the End of the said Court, to appear at the Court-
house where the Debtor is detained in Prison, before Two or Three
Justices of the Peace of the said County, whom the Sheriff of the
said County is hereby required to summon, on Request of such
Prisoners, to make Choice and appoint a Trustee or Trustees; and in
case of such Appointment not being made by such Creditors, then
the Sheriff of such County to take and receive such Debtors Estate
into his or their Charge; and cause the same to be inventoried, ap-
praised, and valued: And the said Debtors are hereby ordered and
directed to convey, assign, transfer, and make over, to the Trustee
or Trustees, so to be appointed by the Creditors of such Debtor or
Debtors, and for want of such Appointment, to the Sheriff of that
County, for the Use of the said Creditors, all such their Estate,
Interest, or Claim, after such Manner as the said Trustee or Trus-
tees, or the Sheriff aforesaid, or his or their Council learned in the
Law, shall reasonably devise or require, at the Cost and Charges
of such Person or Persons as shall claim the Benefit thereof; so
always as such Prisoners be not burthened with any Warrantys
thereof, other than from themselves, or those that claim by, from,
or under them; with an Account to such Trustee or Trustees, or
Sheriff, as aforesaid, of their Debts due from such Debtors: And
after such Apraisement, the said Trustee or Trustees, or Sheriff,
are impowered to sell the same, by way of Auction, or otherwise, as
to them shall seem meet; after which Assignment and Conveyance,
it shall and may be lawful to and for the Justices, in case it
appears to them that the Poverty and Inability of such Prisoners
proceeded rather from the Causes mentioned in the Preamble, than
any deceitful and fraudulent Practices, by Warrant under their
Hands and Seals, to direct the said Sheriff to discharge such Pris-

Session
Laws



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Acts of the General Assembly, 1733-1736
Volume 39, Page 133   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives