| 1804.
CHAP. 110.
Provisos. |
LAWS OF MARYLAND.
for the purpose of taking the oath or affirmation herein before
mentioned, and the said sheriff shall obey the said order, and shall
be entitled to a preference, after the discharge of all liens on the
said debtor's estate, to all other creditors, in the payment of his
account against the said debtor for legal fees of imprisonment, and
his reasonable expenses in carrying the said debtor to the county
court, in obedience to their order as aforesaid, any thing in this
act to the contrary notwithstanding; and the court, or in vacation
the chief justice, or either of the associate justices, may direct that
the body of such debtor shall be discharged from imprisonment,
and appoint a time when such debtor shall appear before the county
court, to answer interrogatories which his creditors may propose
to him, on not less than three months notice as aforesaid, any thing
in this act to the contrary notwithstanding; Provided, that such
discharge from imprisonment shall not operate as a discharge of any
of the debts of the said imprisoned debtors; And provided, that
the
said imprisoned debtor, at the time of his discharge, if required by
the county court, chief justice, or either of the associate justices,
shall enter into bond, with such penalty and security as the county
court, chief justice or associate justice, shall direct, to
answer the allegations of his creditor or creditors according to the
provisions aforesaid; and if the said debtor shall not enter into bond
as aforesaid, if required by the county court, chief justice or associate
justice, then such debtor shall remain in confinement until the
application, (if objected to,) shall be decided on. |
Time limited for
creditors to declare
their claims,
&c. |
12. AND BE IT ENACTED, That the county court
may, by order,
limit and appoint the time for creditors to bring in and declare
their claims, and may examine such creditors, and also the debtor,
on oath or affirmation, concerning the same, and, on any contested
claim, may, if they think proper, order the same, or any fact concerning
the same, to be tried on an issue framed for that purpose,
and may order any part of the petitioning debtor's estate to be set
apart and retained for the eventual satisfaction of any contested
claim, or to be brought again into distribution; and if any creditor
to whom a real debt is due, shall collude with the debtor to gain an
undue preference in the satisfaction of his debt, or for concealment
of any part of the debtor's estate or effects, or shall contrive or
concert any acknowledgment of the debtor, by parole, or in writing,
or any kind of security, to give false colour to his claim for
more than is bona fide due, such creditor shall lose his debt truly
due, and shall be totally excluded in the distribution. |
Debtors arrested
on any process,
may be discharged
on motion. |
13. AND BE IT ENACTED, That if the said debtors,
or any of
them, shall be arrested or imprisoned on any process sued out on
any judgment or decree obtained against them, or any of them,
for any debt, damage or costs, contracted, owing or growing due,
before the passage of this act, the court, out of which such process
issued, or any one judge of the general court, or the chief justice
of the district court, or the two associate justices of the county
court of the county where the said debtor may be arrested or imprisoned,
on application made to them, shall and may discharge
such debtor on motion; and if the said debtors, or any of them,
shall be arrested or imprisoned on any process for the recovery of |
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