CHAP.
XLIV.
Chancellor may
limit the time,
&c.
If arrested, may
be discharged,
&c.
Proceedings to
be recorded,
&c. |
property to his creditors; and if the said person, so brought before
the judge or justice, shall produce
a petition to the chancellor, with a schedule of his whole property, and
a list of his creditors, on oath,
as herein required, thereto annexed, and also the assent of two thirds
of his creditors, and shall, before
the said judge or justice, take the oath required for delivering up his
property for the use of his creditors,
it shall be lawful for the said judge or justice to order that the said
person be discharged from
imprisonment, and appear before the chancellor within three months from
the time of such discharge;
and if such order shall be made, the said judge or justice shall transmit
the said petition and assent of
his creditors, in writing as aforesaid, with the schedule and list,
on oath as aforesaid, annexed, to the
chancellor; provided nevertheless, that if the said person, so discharged
from imprisonment, shall
not appear before the chancellor agreeably to the said order, it shall
be lawful for any judge or justice,
on application of the party at whose suit the said person was imprisoned,
and on his producing
a certificate from the register in chancery, that such person hath not
appeared before the chancellor
agreeably to the said order, to remand the said person to the prison from
which he was discharged,
there to remain until discharged by a due course of law; and provided always,
that if any creditor of
any petitioning debtor in any of the gaols on the eastern shore, or in
Allegany county, shall require
security of the petitioner, that the judge or justice aforesaid shall not
release any petitioner, until he
or they shall give such security as the judge or justice shall require
for his appearance before the chancellor
within three months from the date of his discharge as aforesaid; provided
nevertheless, that
as to all and every person or persons included in this act, who have
been engaged in trade or merchandise,
it shall not be necessary for them, or either of them, to procure the assent
of their creditors, or
any part of them as aforesaid, but if two or more of his or their creditors,
having due to them the
amount of one fourth of the debts due by him or them at the time of the
passing of this act, or
case there be not more than eight creditors, if any one creditor, having
due to him the amount of
one fourth of such debts, shall not lodge with the chancellor their dissent
in writing to such debtor
or debtors being admitted to the benefit of this act, on or before
the expiration of six months after
the said notice shall be given or published as aforesaid, such debtor or
debtors shall be entitled to all
and every benefit of this act, in as full and ample manner as if such debtor
or debtors had procured
the assent of two thirds of his or their creditors as aforesaid; provided
also, that in such notice it
shall be stated, that the debtor or debtors make their application as having
been traders or merchants.
XIII. AND BE IT ENACTED, That the chancellor
may, by order, limit and appoint the time for
creditors to bring in and declare their claims, and may examine such creditors,
and also the debtor,
in oath or affirmation, concerning the same, and, on any contested claim,
may, if he thinks proper,
may order any part of the petitioning debtor's estate to be set apart and
retained for the eventual
satisfaction of any contested claim, or to be brought again into distribution;
and if any creditor, to
whom a real debt is due, shall collude with the debtor to gain an undue
preference in the satisfaction
of his debt, or for concealment of any part of the debtor's estate or effects,
or shall contrive or concert
any acknowledgment of the debtor, by parole, or in writing, or any kind
of security, to give
false colour to his claim for more than is bonâ fide due,
such creditor shall lose his debt truly due, and
shall be totally excluded in the distribution.
XIV. AND BE IT ENACTED, That if the said debtors,
or any of them, shall be arrested or imprisoned
on any process sued out on any judgment or decree obtained against
them, or any of them,
for any debt, damages or costs, contracted, owing or growing due, before
the passing of this act, the
court, out of which such process issued, or any one judge of the general
court, or the chief justice of
the district court, or the two associate judges of the county court of
the county where the said
debtor may be arrested or imprisoned, on application made to them, shall
and may discharge such
debtor on motion; and if the said debtors, or any of them, shall be arrested
or imprisoned on any
process for the recovery of any debt, damages or costs, contracted, owing
or growing due, before
the passing of this act, the court, before whom such process shall
be returned, shall and may discharge
such debtor or debtors out of the custody on his common appearance being
entered, without any special
bail; provided, that the discharge of such debtor or debtors shall not
acquit any other person from
such debt, damages or costs, or any part thereof, but that all such persons
shall be answerable for
the same in such manner as they were before the passing of this act.
XV. AND BE IT ENACTED, That all proceedings
in chancery under this act shall be recorded
by the register, who shall be entitled to the same fees as are fixed by
law for services in other cases,
which shall be paid at the time of obtaining the discharge. |
