| 1804.
CHAP. 110. |
LAWS OF MARYLAND.
of, certified under the hand of the clerk of said court, shall be
good evidence in any court of law or equity of this state; and if
any trustee appointed by virtue of this act shall refuse to act, or
die, or neglect to give bond as aforesaid in a reasonable time, to be
judged of by the county court, or be removed by the county court
for misbehaviour, the county court shall appoint such person as they
shall think proper in his place, who shall give bond as aforesaid,
and on giving such bond, (in case the said debtor had conveyed his
property to the former trustee, he shall immediately be vested with
all the property of every kind, and all the debts, rights and credits,
of the said debtor, as completely as the former trustee was vested
with the same. |
Upon debtor's
conveying his property
to trustee,
to be discharged.
Provisos. |
5. AND BE IT ENACTED, that upon the said petitioning
debtor's
executing and acknowledging a deed to the trustee to be appointed
as aforesaid, conveying all his property, real, personal and mixed,
and all debts, rights and claims, agreeable to the oath or affirmation
of such debtor as aforesaid, and on his delivery to the said trustee
all his said property which he shall have in possession, and of
his books, papers, and evidence of debts of every kind, and the
said trustee's certifying the same in writing to the county court, it
shall be lawful for the county court to order that the said debtor
shall be discharged, as well from all debts, covenants, contracts,
promises and agreements, due from, or owing or contracted in his
individual, as also in a copartnership capacity, by him, before the
passage of this act, and by virtue of such order the said debtor
shall be discharged as aforesaid; Provided, that no person who has
been guilty of a breach of the law, and hath been fined, or is liable
to be fined for such breach, shall be discharge from the payment
of any fine incurred for any breach of the laws of this state;
And provided, that any property which he shall hereafter acquire
by gift, descent, or in his own right by bequest, devise, or in any
course of distribution, shall be liable to the payment of the said
debts; And provided also, that the discharge of such debtor shall
not operate so as to discharge any other person from any debt. |
Debtor may retain
wearing apparel,
&c. |
6. AND BE IT ENACTED, That the county court
may allow such
petitioning debtor to retain the necessary wearing apparel and bedding
of himself and family. |
Trustee may sell
property, &c. |
7. AND BE IT ENACTED, That the county court
may direct any
trustee to be appointed by virtue of this act, to sell and convey the
property conveyed to him by the petitioning debtor, at such time,
and on such terms and conditions, as they shall think most for the
advantage of the creditors, and the produce thereof, after satisfying
all judgments, incumbrances and liens, shall be divided among the
said creditors, agreeable to their several and respective claims, but
not judgment to be entered after the passage of this act against
any
of the said debtors who shall take advantage of this act, shall be
a lien on his real property, nor shall any process against his real
or personal property have any effect thereon, except writs of fieri
facias actually and bona fide laid before the passage of this
act. |
—May sue and
recover property. |
8. AND BE IT ENACTED, That any trustee may
sue for, in his
own name, and recover, any property or debt assigned to him
by any debtor in virtue of this act. |
When fraud is alleged
debtor may
be examined, &c. |
9. AND BE IT ENACTED, That if any creditor,
on the application
of any such debtor to the county court, or within two years thereafter, |
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