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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 347   View pdf image (33K)
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ART. 48.] INSOLVENTS. 347

15. Any property or debts not mentioned in the schedule of
any insolvent, may be taken under a fieri facias or attachment,
at the suit of any creditor, except such as may be exempted by
law; but nothing in this section shall be construed to impair the
right and title of the trustee to such property or claims as pro-
vided by this article, but shall only operate to give the judgment
creditor who shall discover such property or claims a priority, to
be paid out of the proceeds thereof.

16. The clerks of the Circuit Courts may receive the petitions
under this article and appoint a trustee for the benefit of the cre-
ditors, take and approve his bond, and take the acknowledgment
of the deed to the trustee, and fix a day for the insolvent to
appear and answer interrogatories or allegations, and order
notice to be given to the creditors, under such rules as the
Circuit Court may prescribe, and shall receive, as compensation,
one dollar.

17. The Court of Common Pleas may appoint a commissioner
who shall have the power vested in the clerks by the preceding
section, and shall also receive the answers of insolvents to
interrogatories, and report on such interrogatories and answers
to the court, and shall receive such compensation as said court
may prescribe, to be paid by the parties applying for the benefit
of this article, and shall not be less than two dollars nor more
than five dollars to each applicant, and all sums of money re-
ceived from such applicant by the said commissioner, beyond the
aggregate of twelve hundred dollars per annum, shall be paid
into the Treasury of the State.

18. The commissions allowed trustees are not to exceed eight
per centum.

19. Any creditor may examine orally an insolvent, or any one
to whom he has conveyed property, or may have an issue
made and tried by a jury, and any creditor may file allega-
tions of fraud at any time within two years after the time of
the final discharge of an insolvent, and have issues made
thereon and tried by a jury, and if such issues be found against
the insolvent, his discharge and release shall be annulled and
rescinded, and in any case of objection to the release of an
insolvent, whether by interrogatories or otherwise, the party
against whom the decision is made shall pay costs, as in other
cases.

 

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The Maryland Code : Public General Laws and Public Local Laws, 1860
Volume 145, Page 347   View pdf image (33K)
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