BENJAMIN OGLE, ESQUIRE GOVERNOR.
NOVEMBER. 1799.
An ACT fore the relief of William Dent Beall, of Montgomery county.
Lib. JG. No. 3. fol. 246.
WHEREAS William Dent Beall, of Montgomery county, has stated to this
general assembly,
that from a variety of losses he is rendered totally unable to pay
the whole of his debts, and
has petitioned for an act to release him therefrom, upon giving up
all his property to the use of his
creditors. And whereas the said William Dent Beall, being a major
in teh service of the United
States, is liable, from the military arrangements, to be called out
of this state, which justifies a dis-
tinction of his case from other who have petitioned for similar acts;
II. BE IT ENACTED, by the General Assembly of Maryland, That in case
the said William Dent Beall
shall, before the associate justices of Montgomery county court, make
and subscribe the following
oath, to wit: "I, William Dent Beall, do swear that I will deliver
up, convey and transfer, to
" the use of my creditors, all my property, real, personal or mixed,
(the necessary wearing apparel
" of myself and family only excepted,) that I have or claim any title
to, or intereest in, at this time,
" and all debts, rights and claims, which I have at this time, or that
I am in any respect entitled
" to, in possession, remainder or reversion, and that I have not, directly
or indirectly, at any time
" before, sold, conveyed, leased, disposed of, or intrusted or concealed,
any part of my property of
" any kind, or any part of my debts, rights or claims, thereby wilfully
to defraud or deceive my
" creditorys, or any of them, or to secure the same, or to receive
or expect any profit, benefit or
" advantage thereby;" and shall execute and acknowledge, before the
aforesaid associate justices, a
conveyance to such person as the said associate justices may appoint
as his trustedd, on behalf of his
creditors, of all his property as aforesaid, a schedule whereof he
shall insert in or annex to the said
conveyance, that thereupon, and for ever thereafter, the said William
Dent Beall shall, by virtue
of this act, be qcquitted, areleased, and for ever discharged, from
all debtts, promises, contracts,
agreements and covenants, due from, or contracted, made or entered
into by him, before the passing
this act; provided, that any property acquired by the said William
Dent Beall, after the making
the said conveyance, by descent, or in his own right by devise, bequest,
or in the course of distribu-
tion, shall be liable for the payment of his debts.
III. AND BE IT ENACTED, That the person appointed in pursuance of this
act as trusteee in behalf
of the creditors of the said William Dent Beall, before he acts as
such, shall take the following oath,
before one of the said associate justices, to wit: "I, A. B. do swear,
that I will faithfully, impar-
" tially and honestly, according to the best of my skill and knowledge,
execute the several powers
" and trusts reposed in me as trusteee for the creditors of William
Dent Beall, without favour, affec-
" tion, prejudice or malice;" and shall also give bond for the faithful
performance of his duty, to
such person, in trust for the creditors of said William Dent Beall,
and in such penalty as the said
associate justices shall direct, which shall be recorded in the clerk's
office of Montgomery county,
and a copy thereof, certified under the hand of the said clerk, shall
be good evidence in any court of
law or equity of this state.
IV. ND BE IT ENACTED, That the trustee appointed as aforesaid shall
be allowed for his ser-
vices a commission of eight per cent.
V. AND BE IT ENACTED, That if the said William Dent Bealll shall be
arrested or imprisoned on
any process sued out on any judgment or decree obtained against him
for any debt, damages or costs,
contracted, woing or growing due before the passing of this act, the
court out of which such process
issued shall and may discharge the said William Dent Beall on motion;
and if the said William Dent
Beall 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 the said William Dent Beall
out of custody, on hiscom-
mon appearance, being entered, without any special bail, provided that
the discharge of the said
William Dent Beall 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.
VI. AND BE IT ENACTED, That if any creditor of the said William
Dent Beall shall, at any
time wthin two years after he is discharged, allege in writing to the
justices of Montgomery county
court, in court sitting, that he the said William Dent Beall hath,
directly or indirectly, sold, con-
veyed, leased, or otherwise disposed of, or intrusted or concealed,
any part of his property of any
T t t t t
kind, |
Passed 3d of
Jan. 1800.
Preamble,
On making
oath, &c. ac-
quitted, &c.
Trustee to take
an oath, &c.
His commissi-
on.
W. D. Beall, if
arrested, to be
discharged, &c.
He may be ex-
amined, &c. |