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ROBERT BOWIE, ESQUIRE, GOVERNOR.
shall be annexed to or accompany such petition, the county court
shall direct personal notice of such application to be given to the
creditors, or to as many of them as can be served therewith, or their
agent or attornies, or direct notice of such application to be advertised
in the most public places of the county where the said debtor
resides, or to be inserted in some news-paper for such time as they
may think proper, and on the appearance of the said creditor, or
neglect to appear on notice, at the time or times and place appointed,
the county court shall administer to the petitioning debtor the
following oath of affirmation, as the case may require: " I, A. B.
" do swear, or solemnly, sincerely and truly declare and affirm,
" that I will deliver up, convey and transfer, to my creditors, in
" such manner as the county court shall direct, all my property that
" I have, or claim any title to or interest in, and all debts, rights,
" and claims, which I have, or am any way entitled to, in possession,
" remainder or reversion, (the necessary wearing apparel and
" bedding of myself and family excepted,) and that I have not, directly
" or indirectly, at any time, sold, conveyed, lessened or disposed
" of, for the use or benefit of any person or persons, or intrusted
" any part of monies or other property, debts, rights or
" claims, thereby to defraud my creditors, or any of them, or to
" secure the same to receive or expect any profits, benefits or advantages
" thereby;" and the county court shall thereupon name
such person as a majority of the creditors in value, their agents or
attornies, shall recommend, to be trustee for the benefit of the creditors
of the petitioning debtor, or in case of the non-attendance of
the creditors, or of their not making a recommendation, the county
court shall name such person as they shall think proper, to be trustee
as aforesaid. |
1804.
CHAP. 110. |
3. AND BE IT ENACTED, That no person herein
before mentioned
shall be entitled to the benefit of this act, unless the county
court shall be satisfied, by competent testimony, that he has resided
the two preceding years within the state of Maryland prior to the
passage of this act, and unless, at the time of presenting his petition
as aforesaid, he shall produce to the county court the assent, in
writing, of so many of his creditors as have due to them the amount
of two thirds of the debts due by him at the time of the passing of
this act; Provided, that foreign creditors, not residing within
the
United States, or not having agents or attornies therein, duly authorised
and empowered to act in their behalf, shall not, for any
purpose, be considered as creditors within the meaning of this
clause; And provided also, that the county court may, without the
assent of the creditors as aforesaid, from time to time order to be
discharged from custody any of the said petitioners who may be in
actual confinement in virtue of any process issued, or that may be
issued, in pursuance of any debt at this time due and owing, which
discharge is hereby declared to be a release only of the person or
such debtor, but not of his property, unless the assent in writing of
two thirds in value of the creditors aforesaid be obtained. |
None to be entitled
to benefit of
this act but citizens
—assent of
creditors.
Provisos. |
4. AND BE IT ENACTED, That before such trustee
proceeds to act,
he shall give bond for the faithful performance of his duty to the
state of Maryland, for the use of the creditors of said petitioning
debtor, in such penalty as the county court shall direct, which
shall be recorded in the office of the county court, and a copy thereof, |
Trustee appointed
to give bond, &c. |
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