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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 532   View pdf image (33K)
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532

LAWS OF MARYLAND.— 1806.

 

aforesaid in a reasonable time, to be judged of by the county
court, or be removed by the county court for misbehaviour, the
county court shall appoint; such person as they shall think
proper in his place, who shall give bond as aforesaid, and on
giving such bond, (in case the said debtor had conveyed his
property to the former trustee,) he shall immediately be vested
with all the property of every kind, and all the debts, rights and
credits, of the said debtor, as completely as the former trustee
was vested with the same.

On execut-
ing a deed,
debtor to be
discharged,
&c.

SEC. 5. And be it enacted. That upon the said petitioning
debtor's executing and acknowledging a deed to the trustee to
be appointed as aforesaid, which deed is hereby directed to be
recorded within the time limited by law, conveying all his pro-
perty, real, personal and mixed, and all debts, rights and claims,
agreeable to the oath or affirmation of such debtor as aforesaid,
and on his delivery to the said trustee all his said property
winch he shall have in possession, and of his books, papers,
and evidence of debts of every kind, and the said trustee's cer-
tifying the same in writing to the county court, it shall be law-
ful for the county court to order that the said debtor shall be
discharged, as well from all debts, covenants, contracts, promises
and agreements, due from, or owing or contracted in his indivi-
dual, as also in a co-partnership capacity, by him, before the
passage of this act, or at the time of his application to the
county court for the benefit of this act, and by virtue of such

Provisos.

order the said debtor shall be discharged as aforesaid ; Provided,
that no person who has been guilty of a breach of the law, and
hath been fined, or is liable to be fined for such breach, shall be
discharged from the payment of any fine incurred for any
breach of the laws of this state ; and provided, that any pro-
perty which he shall hereafter acquire by gift, descent, or in his
own right by bequest, devise, or in any course of distribution,
shall be liable to the payment of the said debts ; and provided
also, that the discharge of such debtor shall not operate so as to
discharge any other person from any debt.

By 1827, ch. 70, sec. 1, before the insolvent is discharged or a personal
discharge is granted, the trustee must give bond, with security, to be ap-
proved by the judge granting the 'discharge, and the applicant must execute
a deed, and the trustee must give a certificate that he is in possession of
all the property mentioned in the applicant's schedule.

Debtor to
retain ap-
parel, &c.

Trustee
may be
directed to
sell, &c.
and satisfy
&c.

SEC. 6. And be it enacted, That the county court may allow
such petitioning debtor to retain the necessary wearing apparel
and bedding of himself and family.
SEC. 7. And be it enacted. That the county court may direct
any trustee to be appointed by virtue of this act, to sell and
convey the property conveyed to him by the petitioning debtor,
at such time, and on such terms and conditions! as they shall



 
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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 532   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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