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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 535   View pdf image (33K)
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LAWS OF MARYLAND.— 1805.

535

appear before the county court, to answer interrogatories which
his creditors may propose to him, on not less than tfyree months
notice as aforesaid, any thing in this act to the contrary not-

 

withstanding ; Provided, that such discharge from imprison-
ment shall not operate as a discharge of any of the debts of the
said imprisoned debtors ; and provided, that the said imprisoned
debtor, at the time of his discharge, if required by the county
court, or any judge thereof, shall enter into a bond, with such
penalty and security as the county court, or any judge thereof
shall direct and approve, conditioned for his personal appear-
ance at such time or times as the said court, or any judge
thereof, shall direct, to answer the allegations of his creditor or
creditors, according to the provisions aforesaid ; and if the said
debtor shall not enter into bond as aforesaid, if required by the
county court, or any judge thereof, then such debtor shall re-
main in confinement until the application, (if objected to,) shall
be decided on.
See 1807, ch. 150, sec. 3, and 1808, ch. 71, sec. 2.

Provisos.

SEC. 12. And be it enacted, That the county court may, by
order, limit and appoint the time for creditors to bring in and
declare their claims, and may examine such creditors, and also
the debtor, on oath or affirmation, concerning the same, and, on
any contested claim, may, if they think proper, order the same,
or any fact concerning the same, to be tried on an issue framed
for that purpose, and may order any part of the petitioning
debtor's estate to be set apart and retained for the eventual satis-
faction of any contested claim, or to be brought again into dis-
tribution ; and if any creditor to whom a real debt is due, shall
collude with the debtor to gain an undue preference in the
satisfaction of his debt, or for concealment of any part of the
debtor's estate or effects, or shall contrive or concert any ac-
knowledgment of the debtor, by parole, or in writing, or any
kind of security, to give false colour to his claim for more than
is bona fide due, such creditor shall lose his debt truly due, and
shall be totally excluded ia the distribution.

Court may
limit time
for bringing
in claims,
may
examine
creditors
and debtor
on oath
concerning
the same,
&c.

SEC. 13. And be it enacted, That if the said debtors, or any
of them, shall be arrested or imprisoned on any process sued out
on any judgment or decree obtained against them, or any of
them, for any debt, damage or costs, contracted, owing or grow-
ing due, before the passage of this act, or before [the time of
their application to the county court for the benefit of this act,
the court, out of which such process issued, or any judge there-
of, of the county where the said debtor may be arrested or im-
prisoned, on application made to them, shall and may discharge
such debtor on motion ; and if the said debtors, or any of them,
shall be arrested or imprisoned on any process for the recovery of

If debtor
taken in
execution,
&c. he may
be dis-
charged on
motion, or
if arrested,
&c. on his
common
appearance
being
entered.



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


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