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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 345   View pdf image (33K)
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ART. 48.] INSOLVENTS. 345

2. The court shall then appoint a trustee for the benefit of the
creditors, who shall give bond to the State, with surety for the
faithful discharge of his trust, and the insolvent shall convey to
such trustee all his property and estate of every description,
and upon the approval of such bond, all the property of every
description, rights and claims of the insolvent, as well such as are
enumerated and described in his schedule as the property, rights
and claims which are not so enumerated and described, shall vest
in the said trustee, except as before excepted.

3. The said court shall then fix a day for the insolvent to
appear and answer such interrogatories or allegations as his
creditors, endorsers or sureties may propose or allege against
him, and shall order not less than three months' notice of said
day to be given by such insolvent to his creditors in such manner
as the court may direct.

4. If the creditors, endorsers or sureties shall fail to make any
allegations or propose any interrogatories, or if the same shall
be answered satisfactorily or determined in favor of the insolv-
ent, the court shall discharge the insolvent from all debts and
contracts made before the filing of his petition, and he shall be
released from all such debts and contracts, and such discharge
and release shall embrace all cases where he is endorser or
surety, and he shall not be liable to pay any joint contractor,
surety or endorser who may pay any debt or perform any con-
tract after the filing of his petition, which was entered into
before the filing of such petition.

5. The discharge of any person under this article is not to
release any other person who may be liable as endorser, surety
or otherwise.

6. No person shall be released or discharged under this article
who has conveyed, concealed or disposed of his property to
defraud or delay his creditors, or prevent the same from being
applied to the payment of his debts, or who has within one year
of the time of filing his petition, by the conveyance or assign-
ment of his property, or debts or claims, or payment of money,
given an undue and improper preference to any of his creditors.

7. Any confession of judgment, and any conveyance or assign-
ment, made by any insolvent under this article for the purpose
of defrauding his creditors or giving an undue preference, shall

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 345   View pdf image (33K)
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