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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 534   View pdf image (33K)
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534

LAWS OF MARYLAND.— 1805.

 

aforesaid, or having given preference as aforesaid, he shall be
forever precluded from any benefit of this act; and in case such
debtor or other person shall, at any time thereafter, upon any
indictment found in the county court of the county in which
such debtor may reside, or in the county court where such oath
or affirmation shall have been taken or administered, be con-
victed of wilfully, falsely and corruptly, swearing or affirming
to any matter or thing to which he shall swear or affirm by
virtue of this act, he shall suffer as in case of wilful and corrupt
perjury, and be forever debarred from any benefit of this act.
The losing of $100 by gaming at any one time is, by 1807, ch. 150,
restricted to within three years next before the application.
See 1807, ch. 55, and November 1812, ch. 77, defining what is an undue
and improper preference, and declaring all deeds, &c. made for that purpose
to be void.
By 1816, ch. 221, sec. 6, such conveyances not to preclude the petitioner
from the benefit of the insolvent laws.

Commis-
sion allow-
ed to trus-
tee, and
complaints
against him
to be in-
quired into,
&c.

SEC. 10. And be it enacted, That the county court may allow
any trustee to be appointed by virtue of this act, such commis-
sion for his trouble as they shall think reasonable, not exceed-
ing eight per cent, and if any complaint shall be made to the
county court of the conduct of any trustee by any creditor
interested in the distribution of any estate, or if any trustee
hath or shall become insolvent, the county court may call such

(*them)

trustee before him,* and inquire into the cause of complaint in
a summary way, and make such rules and orders as shall be
judged necessary for the accomplishment of the object of the
trust, and punish the said trustee as for a contempt in case of
his not obeying the same, and if they think it necessary, they
may remove the said trustee and appoint another person in his
place.

If debtor be
in prison,
court may
discharge
him from
confine-
ment on
giving
security to
appear and
answer
interrogato-
ries.

SEC. 11. And be it enacted, That if any debtor who shall
petition in virtue of this act, shall be imprisoned at the time of
exhibiting such petition, it shall be lawful for the county court,
or any judge thereof, to order the sheriff, or other officer, in
whose custody he shall be, to bring him before such court, or
judge, at a certain time in the said order to be appointed, for the
purpose of taking the oath or affirmation herein before men-
tioned, and the said sheriff, or other officer, shall obey the said
order, and shall be entitled to a preference, after the discharge
of all liens on the said debtor's estate! to all other creditors, in
the payment of his account against the said debtor for legal fees
of imprisonment, and his reasonable expenses in carrying the
said debtor to the county court, or any judge thereof, in obe-
dience to the order as aforesaid, any thing in this act to the
contrary notwithstanding; and the court, or any judge thereof,
may direct that the body of such debtor shall be discharged
from imprisonment, and appoint a time when such debtor 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 534   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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