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JOHN H. STONE, Esquire, Governor.
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1796. |
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, 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 judge or justice shall require, for his appearance
before
the chancellor within three months from the date of his discharge as aforesaid. |
CHAP.
LXX. |
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
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, 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. |
Chancellor to
limit the time
for brining
in claims, &c. |
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
process
issued, 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 and 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. |
Debtors arrested
may be
discharged,
&c. |
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. |
Proceedings
to be recorded,
&c. |
XVI. And be
it enacted, That in all appointments
of trustees under this act
by the chancellor, in the room of any person before appointed, the chancellor
shall consult the creditors, and govern himself by the choice of a majority
of
them in value, unless upon such notice being given by public advertisement,
or in
such other manner as he shall think reasonable, the said creditors shall
neglect to
make such choice. |
Creditors to
be consulted,
&c. |
XVII. And be
it enacted, That none of the
said debtors who do not make
application as aforesaid on or before the first day of June next, shall
have any
benefit of this act. |
When application
is to be
made. |
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CHAP. LXXI.
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An ACT for the payment of the journal of accounts. |
Passed December
31. |
WHEREAS it appears by the journal of accounts of this session, that
there is now due from this state the sum of eight thousand nine hundred
and thirteen pounds thirteen shillings and two-pence current
money, |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That the treasurer
of the western shore shall and he is hereby authorised and required to
pay the |
Treasurer to
pay, &c. |
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