| 1796. |
LAWS of MARYLAND.
|
CHAP.
LXX.
Chancellor
may allow a
commission, &c. |
X. And be it
enacted, That the chancellor
may allow any trustee to be appointed
by virtue of this act such commission for his trouble as he shall think
reasonable, not exceeding eight per cent. and if any complaint shall
be made to
the chancellor of the conduct of any trustee, by any creditor interested
in the
distribution of any estate, the chancellor may call such trustee before
him, and
inquire into the cause of complaint in a summary way, and make such rules
and orders as shall be judged necessary for the speedy accomplishment of
the
object of the trust, and punish the said trustee, as for a contempt, in
case of his
not obeying the same, and, if he thinks it necessary, he may remove the
said
trustee, and appoint another person in his place. |
And order
imprisoned
debtors to be
brought before
him, &c. |
XI. And be it
enacted, That if any debtor,
who shall petition the chancellor
in virtue of this act, shall be imprisoned at the time of exhibiting such
petition,
it shall be lawful for the chancellor to order the sheriff in whose custody
he
shall be, to bring him before him, at a certain time by him in the said
order to
be appointed, for the purpose of taking the oath or affirmation herein
before
mentioned; and the said sheriff shall obey the said order, and shall be
entitled
to a preference, after the discharge
of all liens on the said debtor's estate, to all
other creditors, in the payment of his account against the said debtor
for legal
fees of imprisonment, and his reasonable expences in carrying the said
debtor to
the chancellor in obedience to his order as aforesaid, any thing in this
act to the
contrary notwithstanding; and in case such imprisoned debtor shall have
any
creditors beyond sea, the chancellor may, in his discretion, order the
sheriff to
bring the said debtor before him at such time as he thinks proper, and
on his
taking the oath herein before mentioned, may direct that the body of such
debtor
shall be discharged from imprisonment, and appoint a time when such debtor
shall appear before him to answer any interrogatories which his creditors
may
propose to him, on not less than six months notice as aforesaid, any thing
in this
act tot he contrary notwithstanding; provided, that such discharge from
imprisonment
shall not operate as a discharge of any of the debts of the said imprisoned
debtor; and provided, that the said
imprisoned debtors, at the time of their
discharge, if required by the chancellor, shall enter into bond, with such
penalty,
and with security, as the chancellor shall direct and approve, conditioned
for the personal appearance at such time or times as the said chancellor
shall
direct, to answer the allegations of their creditor or creditors, according
to the
provisions aforesaid; and if the said debtors shall not enter into bond
as aforesaid,
if required by the chancellor, then such debtors shall remain in confinement
until their application (if objected to) shall be decided on. |
Judge, &c. on
E. shore may
order the
sheriff, &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, 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 June next, to order the sheriff
in
whose custody he may be, to bring the said person immediately 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
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 |
|
 |
