LAWS OF MARYLAND.— 1805.

533

think most for the advantage of the creditors, and the produce
thereof, after satisfying all judgments, incumbrances and liens,
shall be divided among the said creditors, agreeably to their
several respective claims, but no judgment to be entered after
the passage of this act, or after the time of his application to
the county court for the benefit of this actt against any of the
said debtors who shall take advantage of this act, shall be a lien
on his real property, nor shall any process against his real or
personal property have any effect thereon, except writs of fieri

facias actually and bona fide paid* before the passage of this act,
or before the time of his application to the county court for the
benefit of this act.

(* laid)

SEC. 8. And be it enacted, That any trustee may sue for, in
his own name, and recover, any property or debt assigned to
him by any debtor in virtue of this act, and may also prosecute
to judgment any suit commenced by the debtor before his
appointment.

Trustee
may sue
in his own
name, &c.

SEC. 9. And be it enacted, That if any creditor on the appli-
cation of any debtor to the county court, or within two years
thereafter, shall allege in writing to the county court, that such
debtor hath, directly or indirectly sold, conveyed, lessened, or
otherwise disposed of, or purchased in trust for himself, or any
of his family or relations, or any person or persons, intrusted or
concealed, any part of his property of any kind, or any part of
his debts, rights or claims, thereby to deceive or defraud his
creditors, or any of them, or to secure the same, or to receive or
expect any profit or advantage thereby, or that he has passed
bonds, or other evidences of debt, either without consideration,
or on improper consideration, or lost more than one hundred
dollars by gaming at anyone time, or hath assigned or conveyed
any of his property with intent to give an undue and improper
preference to any creditor or creditors, or security before the
passage of this act, or before the time of his application to the
county court for the benefit of this act, the said county court
may thereupon, at the election of the creditor making such
allegation, either examine the said debtor, and any person or
persons to whom he may have made any conveyance of his
property, or passed bonds or evidences of debt as aforesaid, on
interrogatories, (of which interrogatories the person or persons
answering the same shall, at the election of the person or per-
sons making the allegation, be furnished with a copy or copies,)
on oath or affirmation, touching the subject of the said allega-
tions, or direct an issue or issues in a summary way, without
the form of an action, to determine the truth of the same; and
if, upon the answer of the said interrogatories, or the trial of the
said issue or issues by a jury, such debtor shall be found guilty
of any fraud or deceit of his creditors, or loss by gaming as

When fraud
is alleged,
debtor may
be examin-
ed, &c.