| 1816.
CHAP. 221. |
LAWS OF MARYLAND.
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 hereinafter directed. |
Such notice to be
in lieu of that directed
by original
act.
* 1805, ch. 110. |
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. |
Duty of commissioners.
Provisos. |
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 behalf of the creditors, or any
of them, and if upon such examination 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 commissioners 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
requiring the assent of the creditors of such insolvent debtor;
Provided however, that the judges shall not grant such final discharge
if allegations shall be filed by any creditor of such insolvent
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 favour of such insolvent debtor; And provided
also, that nothing herein contained shall be construed to deprive
the creditor or creditors of any insolvent debtor of the right of
filing allegations at any time within two years from the time of
discharge. |
Conveyances, giving
an undue preference,
declared
void.
Proviso. |
6. AND BE IT ENACTED, That all deeds, conveyances,
transfers,
assignment or sales, of any property, real, personal or mixed, or
of any debts, rights or claims, to any creditor or creditors, security
or securities, which have been or shall hereafter be made, by
any person, with a view or under an expectation of being or becoming
an insolvent debtor, and with an intent thereby to give an undue
and improper preference to such creditor or creditors, security
or securities, shall be absolutely null and void, and the title to
property or claims so attempted to be conveyed, transferred, assigned
or sold, shall vest in the trustee or trustees of such insolvent
debtors, as effectually as any property specified in the schedule
of such insolvent debtor; Provided however, that no insolvent
debtor shall be precluded from the benefit of the insolvent laws on
account of any such deeds, conveyances, transfers, assignments, or
sales as aforesaid. |
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