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ROBERT BOWIE, ESQUIRE, GOVERNOR.
2. BE IT ENACTED, by the General Assembly
of Maryland, That
in case the said Richard Gittings and Lambert Smith shall, on or
before the first day of June next, before the judges of Baltimore
county court, make and subscribe the following oath, or affirmation,
to wit: " We, Richard Gittings and Lambert Smith, do swear, or
" solemnly, sincerely and truly affirm and declare, that we will deliver
" up, convey and transfer, to our creditors, in such manner as
" the judges of said court shall direct, all our property, that we have
" or claim any title to, or interest in, at this time, and all debts,
" rights and claims, which we have, or are any way entitled to, in
" possession, remainder or reversion, and that we 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 our money or other property, debts, rights or claims thereby
" to defraud our creditors, or any of them, or to secure the same,
" to receive or expect any profit, benefit or advantage thereby,"
the judges of said court shall thereupon name such person as a majority
of the said Richard Gittings and Lambert Smith's creditors,
their agents or attorneys, shall recommend to the trustee for the benefit
of the creditors of the said Richard Gittings or Lambert
Smith, and in case no recommendation as aforesaid shall be made
by the said creditors, their agents or attorneys, the judges of said
court shall nominate and appoint such person as they shall think
proper to be trustee as aforesaid. |
1805.
CHAP. 64.
Oath to be taken
—trustee to be appointed. |
3. AND BE IT ENACTED, That before such trustee
proceeds to act,
he shall give bond for the faithful performance of his duty, to such
person, in trust for the creditors of said petitioning debtors, and
in such penalty as the judges of said court shall direct, which shall
be recorded in Baltimore county court, and a copy thereof, certified
under the hand of the clerk of Baltimore county, 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 said court, or be removed by the said court for misbehaviour,
they shall appoint such other person as they shall think proper in
his place, who shall give bond as aforesaid, and on giving such
bond, in case the said Richard Gittings and Lambert Smith had
conveyed their property to the former trustees, he shall be immediately
vested with all the property of every kind, and all debts,
rights and credits, of the said Richard Gittings and Lambert Smith,
as completely as the former trustee was vested with the same. |
Trustee to give
bond. |
4. AND BE IT ENACTED, That upon the said Richard
Gittings
and Lambert Smith's executing and acknowledging a deed to the
trustee to be appointed as aforesaid, conveying all their property,
real, personal and mixed, and all debts and claims, agreeably to
the oath or affirmation as aforesaid, and on their delivery to the
said trustee all the said property which they shall have in possession,
and their books, papers, and evidences of debts of every kind, and
the said trustee's certifying the same in writing to the said court,
it shall be lawful for the said court to order that the said Richard
Gittings and Lambert Smith shall be discharged from all debts,
covenants, contract, promises and agreements, due from, or owing
or contracted by them, as partners in trade as aforesaid, before
the date of the said deed, and by virtue of such order the said Richard |
Upon executing a
deed to trustee,
&c. court to discharge
them, &c. |
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