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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1186   View pdf image (33K)
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1186

LAWS OF MARYLAND.— 1834.

 

give in evidence under the general issue, any debt, claim, or de-
mand, due to him, her, or them, by the said insolvent debtor, at
the time of his said application.

Creditor!
may require
further
security
for their ap-
pearance.

SEC. 4. And be it enacted. That it shall be lawful for any
creditor of an insolvent debtor, to apply to the commissioners of
insolvent debtors for the city and county of Baltimore, or to
Baltimore county court, if the case of the debtor be before said
court, for farther or new security in the bond for the appearance
of said insolvent debtor, and the commissioners or the court, as

Court at
discretion.

the case may be, may at their discretion, accordingly require
such security to be given to be approved by them respectively,

If demand-
ed and not
given.

and assign a day by which the same shall be given ; and if such
security be not given by such day, the personal discharge
granted to such insolvent debtor, shall have no effect until the

Discharge
invalid.

said security shall be given, on until such insolvent debtor shall
obtain a final discharge under his application.

Case of in-
terrogato-
ries.

SEC. 5. And be it enacted. That where interrogatories shall
be filed before the commissioners aforesaid, on part of any
creditor against an insolvent debtor, the commissioners may as
to such debtor's disposition of his property and his compliance

Examine
witnesses.

Issue sub-
pojnas—at-
tachments.

with the provisions of the insolvent laws, examine any witness
that may be adduced on behalf of either the debtor or the credi-
tor, and may issue subpoena on request of any of said parties
for any witnesses, and enforce their attendance by attachment ;
and direct all process in the premises to the sheriff of Baltimore
county, who shall execute the same.

Case of ap-
plication
and re-
hearing.

SEC. 6. And be it enacted, That where upon the case of any
application that shall hereafter be made to the commissioners,
the said commissioners shall make an unfavourable report to
Baltimore county court, and the insolvent debtor shall apply to
said court for a review of said case under the supplement to the
act to which this is a supplement, passed at December session
of the year eighteen hundred and twenty-nine, chapter two hun-

Personal
discharge
void.

Until
benefit is
granted.

dred and eight, the personal discharge that shall have been
granted to such insolvent debtor shall cease to have any effect
until and unless such court shall be of opinion after examina-
tion as prescribed by said supplement, that said insolvent debtor
is entitled to the benefit of the said insolvent laws.

Explanato-
ry — scire

facias.

SEC. 7. And whereas, it is doubtful whether a scire facias be
not necessary upon a judgment, although three years shall not
have elapsed since its rendition, in order by virtue of the fifth
section of the act of November session of the year eighteen hun-
dred and five, chapter one hundred and ten, to affect and make
answerable by execution any property acquired by an insolvent
debtor by gift, or descent, or in his or her own right, by bequest,
devise, or in any course of distribution ; Therefore, be it further
enacted, that no scire facias in any such case where more than

 

 

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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 1186   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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