CHAP.
LXXXVII.
Judge, &c. on
E. shore may
order the she-
riff, &c.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Chancellor may
limit the time,
&c.
 
 
 
 
 
 
 
 

If arrested, may
be discharged,
&c.

XII. AND BE IT ENACTED, That in case any person named in this act may be imprisoned in any
gaol on the eastern shore, or in Allegany county, it shall be lawful for the judge of the district, or
any associate justice of the county, on the application of such person, at any time before the first day
of September next, to order the sheriff in whose custody he may be to bring the said person immedi-
ately before him, for the purpose of taking the oath or affirmation, if required; for delivering up his
property to his creditors; and if the said person, so brought before the judge or justices, 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 credi-
tors, 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 jus-
tice, on application of 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 chan-
cellor 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 merchan-
dise, 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 so many of his or their creditors as have due to them the amount
of one fourth of the debts due by him or them at the time of passing this act, 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 entiteld to all and every benefit of this act, in as full and ample manner
as if such debtor or debtors shall be entitled to all and every benefit of this act, in as full and ample manner
as if such debotr or debtors had procured the assent of two thirds of his or thier creditors as aforesaid;
provided also, that in such notice it shall be stated, that the debtor or debtors make their application
as 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,
on oath or affirmation, concerning the same, and, on any contested claim, may, if he thinks proper,
order the same, or any fact concerning the same, to be tried on an issue framed for that purpose, and
may order any part of the petitioning debtor's estate  to be set apart and retined 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 con-
cert 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 bona 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 im-
prisoned 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 thw two associate justices 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 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