LAWS OF MARYLAND.— 1805.

531

on oath or affirmation, as far as he can ascertain them, shall be
annexed to or accompany such petition, the county court shall
direct personal notice of such application to be given to the
creditors, or to as many of them as can be served therewith, or
their agent or attorneys, or direct notice of such application to
be advertised in the most public places of the county where the
said debtor resides, or to be inserted in some newspaper for
such time as they may think proper, and on the appearance
of the said creditor, or neglect to appear on notice, at the time
or times and place appointed, the county court shall administer
to the petitioning debtor the following oath or affirmation, as

the case may require: 'I, A. B., do swear, or solemnly, sincerely
and truly declare and affirm, that I will deliver up, convey and
transfer, to my creditors, in such manner as the county court
shall direct, all my property that I have, or claim any title to or
interest in, and all debts, rights and claims, which I have, or
am any way entitled to, in possession, remainder or reversion,
(the necessary wearing apparel and bedding of myself and
family excepted,) and that I have not, directly or indirectly, at
any time sold, conveyed, lessened or disposed of, for the use or

Debtor's
oath.

benefit of any person or persons, or intrusted any part of his*
moneys or other property, debts, rights or claims, thereby to
defraud my creditors, or any of them, or to secure the same to
receive or expect any profits, benefits or advantages, thereby;'
and the county court shall thereupon name such person as a
majority of the creditors in value, their agents or attorneys,

(*my)

shall recommend, to be trustee for the benefit of the creditors of
the petitioning debtor, or in case of non-attendance of the
creditors, or of their not making a recommendation, the county
court shall name such person as they shall think proper, to be
trustee as aforesaid.
By 1817, ch. 183, application maybe made to the judge of the orphans
court.
By 1834, ch. 309, where the debts due by the insolvent, and no news-
paper is printed in the county, such notice shall be given as the court shall
direct.
SEC. 3. See preceding note to section 1.
By 1827, ch. 70, sec. 6, the assent of creditors is not requisite.
By 1830, ch. 130, no evidence of confinement in jail is requisite.

Trustee to
be appoint-
ed.

SEC. 4. And be it enacted, That before such trustee proceeds
to act, he shall give bond for the faithful performance of his
duty to the state of Maryland, for the use of the creditors of
said petitioning debtor, in such penalty, as the county court
shall direct, which shall be recorded in the office of the county
court, and a copy thereof, certified under the hand of the clerk
of said court, shall be good evidence in any court of law or
equity of this state ; and if any trustee appointed by virtue of
this act shall refuse to act, or die, or neglect to give bond as

Trustee to
give bond —
how vacan-
cies are to
be supplied.