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ROBERT BOWIE, ESQUIRE, GOVERNOR.
and costs, or any part thereof, but that all such shall be answerable
for the same in the same manner as they were before the
passing of this act. |
1805.
CHAP. 64.
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9. AND BE IT ENACTED, That if any of the partnership
creditors
of the said Richard Gittings and Lambert Smith shall, at any time
within two years after their discharge, allege, in writing, to the
said court, in court sitting, that the said Richard Gittings and
Lambert Smith have, directly or indirectly sold, conveyed, lessened,
or otherwise disposed of, or intrusted or concealed, any part of
their property of any kind, or any part of their debts, rights or
claims, with intent thereby wilfully and corruptly to deceive and
defraud their creditors, or to secure the same for their own benefit,
or to receive or expect any profit, benefit or advantage thereby, the
said court may thereupon examine the said Richard Gittings and
Lambert Smith on interrogatories, on oath, for the discovery of
their property, or any concealment thereof, and respecting their
conduct touching the same, or the said court may direct an issue or
issues to be tried in the said court to determine the truth of any allegation
made by the said Richard Gittings and Lambert Smith;
and if the said Richard Gittings and Lambert Smith shall be so
found to have committed any such corrupt and wilful fraud and deceit
of their creditors, they shall be precluded from having any
benefit of this act; and in case the said Richard Gittings and Lambert
Smith shall, at any time within two years as aforesaid, upon
any indictment, be convict of wilfully, falsely and corruptly swearing
to any matter or thing in their oath aforesaid contained, they
shall suffer as in case of wilful and corrupt perjury, and likewise
be liable to their creditors, and be wholly deprived of any relief or
benefit of this act. |
In case fraud is
alleged, may be
examined on oath. |
10. AND BE IT ENACTED, That in case of the
death of either of
the said petitioners before relief shall be obtained under this act,
the survivor, upon complying with the terms of this act, on his
part, shall be entitled to the full benefit, and be subject to all the
pains and penalties thereof. |
In case of death
of either, survivor
entitled to full benefit
of this act, &c. |
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CHAP. LXV.
An Act to provide for the organization and regulation of the Courts
of
Common Law in this State, and for the Administration
of Justice
therein. Lib. TH. No. 1, fol. 72.
Supplements 1806, ch. 41, ch. 90; November
1812, ch. 145, and 1816, ch. 242.
See other acts, 1801, ch. 74; 1805, ch. 86, ch. 96; 1806, ch. 50, ch. 94;
1807, ch. 14, ch. 146; 1810, ch. 156; 1815, ch. 215 and 1816, ch. 151. |
Passed Jan. 25, 1806. |
WHEREAS a very material reform in the courts of
common law in
this state has been established by the act, entitled, An act to provide
for the trial of facts in the several counties of this state, and
to alter, change and abolish, all such parts of the constitution and
form of government as relate to the general court and court of appeals,
which passed at November session, eighteen hundred and
four, * and was ratified and confirmed, according to the constitution
and form of government, at this present session, † and it is necessary
to make provision by law to carry into full and complete effect
such reform, in conformity with the principles contained in said act;
therefore, |
Preamble.
* Ch. 55.
† Ch. 16. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the judges of the court of appeals, and the judges of the district |
Judges oath. |
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