CHAP.
XXV.
To receive no
benefit, &c.
Passed 3d of
Jan. 1800.
Preamble.
On application,
notice to be
given, &c. |
1799.
NOVEMBER.
LAWS OF MARYLAND.
this state a just and true account of all fees placed in his hands for
collection, and shall also well and
truly pay all sums of money received by him, and also pay and satisfy
all public dues, fines and for-
reitures, which are due or belonging to this state, and shall also
pay and deliver to the person or per-
sons entitled to receive the same, all sum or sums of money, tobacco,
goods, chattels or property,
by him levied, seized or taken, agreeably to the directions of the
writ, process or warrant, under
which the same shall have been levied, seized or taken, and shall also
pay and satisfy all judgments
which may have been rendered against him as sheriff of the said county,
and shall and will in all
things satisfy, save harmless and indemnify, all and all manner of
person orpersons who shall have
been, or may be, aggrieved, affected or damnified, by any act, omission,
misfeasance or neglect, done,
suffered or committed, by him, the said John Thomas, in virtue or under
colour of his said office,
during the preceding year of his shrievalty, then the said bond to
be void and of no effect, otherwise
to be and remain in full force and virtue; and the said justices shall
attest and certify the execution
of the said bond, and deposit the same in the office of the clerk of
the said county, to be affiled and
recorded among the records thereof; and any person or persons aggrieved
by any act, omission, mis-
feasance or neglect, of the said John Thomas, done, suffered or committed,
by him, under colour of
his said office during the year ensuing the period herein before mentioned,
shall have remedy by suit
prosecuted on the said bond, in like manner, and to the like effect,
as such person or persons should,
could, or might have had, upon his shrievalty bond, if the same had
been executed by the said John
Thomas, as required by the constitution and laws of this state; and
an official copy of the said bond,
under the hand of the clerk and the seal of his office, shall be received
in evidence in any court of
this state, in like manner, and to the like effect, as if the original
were produced and proved accord-
ing to law.
IV. AND BE IT ENACTED, That the said John Thomas shall receive no benefit
or advantage of
any part of this act, until he shall have entered into bond, with approved
secrurities, before the said justices, as required by the provisions thereof.
CHAP. XXVI.
An ACT for the relief of Tristram Dalton, of the city of Wash-
ington. Lib. JG. No. 3. fol. 268.
WHEREAS it is represented to this general assembly, by the petition
of Tristram Dalton, of
the city of Washington, that by variety of losses and misfortunes in
trade, as a co-partner
of the firm of Lear and company, he is rendered unable wholly to satisfy
the debts for which the
said co-partnership are answerable, and that the most of their creditors
live in Great-Britain, and
that it will be impracticable for him to obtain the assent to his discharge
of two thirds in amount of
all the creditors of the said Lear and company: And whereas the
said Tristram Dalton has prayed
a special act may pass in his favour; therefore,
II. BE IT ENACTED, by the General Assembly of Maryland, That upon the
application of the said
Tristram Dalton to the chancellor, by petition in writing, offering
to deliver up all his estate in
possession, reversion or emainder, for the benefit of his creditors,
and the creditors of the said Lear
and company, and annexing to the said petition a schedule of his property
and debts, the said sche-
dule comprehending distinct and separate lists of the property and
debts belonging to him in his own
right, and also in right of his being a partner in the said firm of
Lear and company, and a list of his
creditors, as well as the creditors of the said Lear and company, so
far as he can ascertain the same,
on oath, the chancellor shall direct notice of such application to
be given and published in such man-
ner as he shall think expedient, and appoint a certain day for the
creditors of the said Tristram
Dalton to appear in chancery, and to recommend a trustee or trustees
on their behalf; and on the
appearance of the said creditors, or on their neglect to appear on
notice as aforesaid, the chancellor
shall administer to the said Tristram Dalton the following oath, to
wit: "I, Tristram Dalton, do
" swear, that I will deliver up, convey and transfer, to my creditors,
in such manner as the chan-
" cellor shall direct, all my property, that I have or claim any title
to, or interest in, at this time,
" and all debts, rihts, clalims and credits, which I have or am in
any way entitled to, in possession,
" reversion or remainder, as well severall as jointly with any other
person or persons, and that I
" have not, directly or indirectly, at any time, sold, conveyed, lessened
or disposed of, for the use
" or benefit of any person or persons, or intrusted, any part of my
money or other property afore-
" said, debts, rights or claims, thereby to defraud my creditors, or
any of them, or the secure the
" same to receive or expect any profit, benefit or advantage thereby;"
and in case of the neglect of
the said creditors to appear and recommend a trustee or trustees, the
chancellor shall appoint such
person or persons to be trustee or trustees as he shall think proper.
III. AND |