| 1805.
CHAP. 64.
Proviso. |
LAWS OF MARYLAND.
Gittings and Lambert Smith shall be discharged as aforesaid;
Provided, that if the said Richard Gittings and Lambert Smith
have been guilty of a breach of the laws, and have been fined, or
are liable to be fined, for such breach, they shall not be discharged
from the payment of any fine incurred for any breach of the laws
of this state; And provided, that any property which they shall
thereafter require, by gift, descent, or in his own right by bequest,
devise, or in any course of distribution, shall be liable to the payment
of their said debts; And provided, that the discharge of the
said Richard Gittings and Lambert Smith shall not operate so as
to discharge any other person for any debt. |
Wearing apparel
may be retained. |
5. AND BE IT ENACTED, That the said court
may allow such
petitioning debtors to retain the wearing apparel of themselves and
families. |
Court may direct
trustee to sell and
convey property. |
6. AND BE IT ENACTED, That the said 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 debtors, at such time,
and on such terms and conditions, as he shall think most advantageous
for the creditors, and the proceeds thereof, after satisfying
all incumbrances and liens, shall be divided among the said creditors,
agreeably to their several and respective claims, but no judgment
to be rendered after the passage of this act against the said
Richard Gittings and Lambert Smith shall be a lien on their real
and personal property, nor shall any process against their real or
personal property have any effect thereon, except writs of fieri facias
actually and bona fide laid before the passage of this act. |
Trustees commission,
&c. |
7. AND BE IT ENACTED, That the said court
may allow any
trustee to be appointed by virtue of this act such commission for
his trouble as they shall think reasonable, not exceeding eight per
centum; and if any complaint shall be made to the said court of the
conduct of any trustee, by any creditor interested in the distribution
of any estate, the said court may call such trustee before them,
and inquire into the cause of complaint in a summary way, and
make such rules and orders as shall be judged necessary for the accomplishment
of the object of the trust, and punish the said trustee
as for a contempt, in case of his not obeying the same, and if
the said court think it necessary, they may remove said trustee, and
appoint another person in his place. |
If arrested on any
process sued our
before the passage
of this act, court
may discharge
them on motion.
Proviso. |
8. AND BE IT ENACTED, That if the said Richard
Gittings and
Lambert Smith shall be arrested or imprisoned on any process sued
out on any judgment or decree against him or them for any debt,
damages or costs, contracted, owing or growing due, in virtue of
the aforesaid copartnership, before the passage of this act, the
court out of which such process issued shall and may discharge the
said Richard Gittings and Lambert Smith on motion; and of the
said Richard Gittings and Lambert Smith shall be arrested or imprisoned
on any process for the recovery of any debt, damages or
costs, contracted, owing or growing due, in virtue of the copartnership
aforesaid, before the passage of this act, the court before
whom such process shall be returnable shall and may discharge the
said Richard Gittings and Lambert Smith out of custody, on his or
their common appearance being entered, without any special bail;
Provided, that the discharge of the said Richard Gittings and Lambert
Smith shall not acquit any other person from such debt, damages |
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