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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 563   View pdf image (33K)
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LAWS OF MARYLAND.-1808.

563

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 obedience to the order as aforesaid, any thing
in the said original law, or the supplements thereto, notwith-
standing ; 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 appear before the
county court, to answer interrogatories which his creditors may
propose to him or her, on not less than three months notice, as
by the said original act is provided, any thing in the said origi-
nal act, or the supplements thereto, to the contrary notwith-

 

standing: Provided, that such discharge from imprisonment shall
not operate as a discharge of any of the debts of the said impri-
soned debtor, unless the said debtor shall, before his final hear-
ing, obtain the assent, in writing, of two-thirds in amount of his
or her creditors; And provided, that the said imprisoned debtor,
at the time of his discharge by the county court, or any judge
thereof, shall enter into bond, with such penalty and security as
the county court, or any judge thereof, shall direct and approve,
conditioned for his personal appearance at such time or times
as the said court, or any judge thereof, may direct, to answer
the allegations of his or her 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 remain in confinement
until the application, if objected to, shall have been decided
upon.
The assent of the creditors is not now requisite. See notes to the origi-
nal act.

Provisos.

SEC. 3. And be it enacted, That in all cases of petitions of
insolvent debtors, as well those that are now depending as those
that may hereafter apply for the benefit of the acts for the relief
of insolvent debtors, the court before whom such petition may
be depending, or any judge thereof, may appoint a trustee for
the benefit of the creditors of such debtor, and may order that
such trustee shall enter into bond, with such surety or sureties
as the said court or judge shall approve, and on filing such
bond with the clerk of the court, all the property, real, personal
and mixed, of such debtor, and also all claims which shall be
due to such debtor, shall immediately be vested in such trustee,
for the use and benefit of the creditors of such debtor, any
thing in any other law to the contrary notwithstanding.
See 1805, ch. 110, sec. 2 and 4.

Trustee
may be ap-
pointed —
to enter
into bond.



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


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