| NOV. 1812. |
LAWS OF MARYLAND.
2. AND BE IT ENACTED, That any creditor of
an insolvent debtor
who assents that such insolvent debtor shall obtain the benefit of
the insolvent law, shall make affidavit, or affirmation, (as the case
may be,) that the said debtor is bona fide indebted to him in the
sum claimed as due, and that he has received no security or satisfaction
for the same, or any part thereof, before some justice of the
peace of this state, or notary public residing within the United
States, and without such affidavit or affirmation annexed to the
assent aforesaid, such creditor shall not be included among the assenting
creditors. |
Who shall be entitled
to a personal
release.
Proviso. |
3. AND BE IT ENACTED, That any debtor who
shall petition for
the benefit of the insolvent laws, and shall comply with all the terms
and conditions of such laws, except obtaining the assent of two-thirds
of his creditors in amount, shall be entitled to a personal release,
except in cases where interrogatories or allegations have been
filed, and have not be satisfactorily answered and decided in favour
of such debtor, which release shall be a good and effectual
discharge of the person from all arrests on mesne or execution process,
on account of any debt or contract incurred or entered into
by such insolvent debtor before his application; Provided, such
debtor shall, at the time of his arrest on mesne process, execute a
warrant of attorney, authorising some attorney to appear for him
in the court to which such process is returnable. |
Final release.
Proviso. |
4. AND BE IT ENACTED, That no person shall
be entitled to the
benefit of said insolvent laws oftener than once in two years, nor
shall any debtor be entitled to a full and final release a second
time, until he shall pay over or convey to his trustee or trustees,
estate sufficient in amount to pay fifty per cent. of his debts
at the
time of his second application as aforesaid; nor to a full and final
release a third time, until he shall pay over or convey to his trustee
or trustees, estate sufficient in amount to pay seventy five per
cent. of his debts at the time of his third application as aforesaid;
Provided, that nothing in this act contained shall prevent the right
of such petitioner to obtain the benefit of a personal release in
such cases. |
Persons vexatiously
withholding
their assent. |
5. AND BE IT ENACTED, That if any petitioning
debtor shall
not be able to produce to the county court, at the time of his final
hearing, the assent of two thirds of his creditors in amount, and
against whom no interrogatories or allegations shall have been
filed, or if filed shall have been satisfactorily answered or decided
in favour of such debtor, and the said debtor shall allege in writing
to the county court, within six months after the time of his
final hearing as aforesaid, (having given to his creditors one
month's notice in the manner prescribed in the act to which this is
a supplement of his intention,) that he is not able to obtain the assent
of two-thirds of his creditors in amount, and that such assent
is vexatiously and unreasonably withheld, it shall be in the power
of the county court to examine, in a summary manner, into the
truth and merits of such application, and where in their opinion
such assent shall be vexatiously and unreasonably withheld, the
said court is hereby authorised to extend to such applicant the full
benefit of the acts of insolvency. |
Appointment of
trustees shall operate
as assignment. |
6. AND BE IT ENACTED, That the appointment
of a trustee
or trustees under said insolvent laws, shall operate as an |
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