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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 653   View pdf image (33K)
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LAWS OF MARYLAND.— 1816.

653

Togatories as may bo propounded to him by any of his creditors,
or such allegations as may be filed against him, within the time
herein after mentioned ; and the said commissioners shall im-
mediately thereafter report to the said court, or judge, that the
trustee appointed by them as aforesaid, is in possession of all the
properly of such insolvent debtor; and the said court, or judge,
shall thereupon grant a personal discharge to such insolvent
debtor.

 

SEC. 3. And be it enacted, That the said commissioners shall,
within ten days from the time of such personal discharge being
granted, cause notice to be given in one or more newspapers in
the city of Baltimore, that such personal discharge hath been
granted, and of the time fixed by the said court or judge for the
final hearing, and requiring the creditors of the insolvent to
appear at such time and place as the said commissioners may
appoint, to attend and nominate some person or persons whom
the said commissioners shall appoint as trustee or trustees, for
the benefit of the creditors, and to give to the said commissioners
all information in their possession to enable them to report to
the court as herein after directed.

To cause
notice to be
given of
personal
discharge.

SEC. 4. And be it enacted, That the notice herein before
directed to be given by the commissioners shall be in lieu of the
notice directed to be given by the act,* entitled, an act for the
relief of sundry insolvent debtors, and the expense of giving
such notice shall be defrayed by such insolvent debtor.

Such no-
tice to be in
lieu of that
directed by
original act.
* 1805, ch.
110,

SEC. 5. And be it enacted, That it shall be the duty of the
said commissioners diligently to inquire and examine into the
nature and circumstances of all such applications, and the said
commissioners shall have power to compel such insolvent
debtors to answer on oath all interrogatories touching the
subject matter, which may be exhibited or propounded on be-
half of the creditors, or any of them, and if upon such examina-
tion it shall appear that the said insolvent debtor hath complied
with the terms and conditions of the insolvent laws,' and hath
acted fairly and bona fide, it shall be the duty of the said com-
missioners to report the same to Baltimore county court, and
return the schedule, and all proceedings which may have been
had before them, to the office of the clerk of Baltimore county
court, there to be recorded, and the said judges shall thereupon
grant a full and final discharge under such laws, without re-
quiring the assent of the creditors of such insolvent debtor;

Duty of
commis-
sioners.

Provided however, that the judges shall not grant such final
discharge if allegations shall be filed by any creditor of such in-
solvent debtor, at least ten days before the time fixed for the final
discharge of such debtor, until such allegations shall have been
heard and determined in favor of such insolvent debtor; And
provided also, that nothing herein contained shall be construed

Provisos.



 
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Please view image to verify text. To report an error, please contact us.
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 653   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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