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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 625   View pdf image (33K)
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            ROBERT BOWIE, ESQUIRE, GOVERNOR. 

" profits, benefits or advantages, thereby; " and the county court (b)
shall thereupon name such person as a majority of the creditors in
value, their agents or attornies, shall recommend, to be trustee for
the benefit of the creditors of the petitioning debtor, or in case of
nonattendance of the creditors, or of their not making a recommendation,
the county court shall name such person as they shall
think proper, to be trustee as aforesaid.

(b)  By 1808, ch. 71, s. 3, the county court, or any judge thereof, may appoint
        a trustee, who shall enter into bond, and on filing such bond all the property
        of the debtor is vested in the trustee.  See note (g) under section 5.

    1805.

CHAP. 110.

Trustee to be appointed.

    3.  AND BE IT ENACTED, That no person herein before mentioned
shall be entitled to the benefit of this act, unless the county court
shall be satisfied, by competent testimony, that he has resided the
two preceding years within the state of Maryland prior to the passage
of this act (c), and unless, at the time of presenting his petition
as aforesaid, he shall produce to the county court the assent,
in writing, of so many of his creditors (d), as have due to them the
amount of two thirds of the debts due by him at the time of the
passing of this act, or at the time of his application to the county
court for the benefit of this act; Provided, that foreign creditors,
not residing within the United States, or not having agents or attornies
therein, duly authorised and empowered to act in their behalf,
shall not, for any purpose, be considered as creditors within
the meaning of this clause; And provided also, that the county
court, or any judge during the recess of the court, may, without
the assent of the creditors as aforesaid, order to be discharged from
custody of the said petitioners who may at any time be in actual
confinement in virtue of any process issued, or that may be issued,
in pursuance of any debt at this time due and owing, or at
the time of his application to the county court for the benefit of this
act, which discharge, is hereby declared to be a release (e) only of
the person of such debtor, but not of his property, unless the assent
in writing of two thirds in value of the creditors aforesaid be
obtained.

(c)  By 1806, ch. 98, the benefit of this act to be extended to any insolvent debtor
      who has been resident within the state two years next before application.
(d)  By 1807, ch. 150, s. 4, corporate bodies, executors, &c. may sign their assent
        to the release of any insolvent debtor—and by November 1812, ch. 77, 
        2, creditors assenting shall make affidavit that the debtor is bona fide indebted
        to him in the sum claimed as due, otherwise such creditor not to be included
        among the assenting creditors.  As to assent vexatiously withheld, see November
        1812, ch. 77, s. 5.
(e)  See November 1812, ch. 77, s. 3, as to who shall be entitled to a personal release

        against all arrests, &c.

Debtor must have
resided two years
in the state, and
produce the assent 
of two thirds,
&c. of his creditors.

 
 
 
 
 

Proviso.
 
 
 

Court may without
assent, &c.
discharge from
custody.

    4.  AND BE IT ENACTED, That before such trustee proceeds to
act, he shall give bond for the faithful performance of his duty to
the state of Maryland, for the use of the creditors of said petitioning
debtor, in such penalty, as the county court (f) shall direct,
which shall be recorded in the office of the county court, and a copy
thereof, 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

        (f)  See note (b) to section 2.

Trustee to give
bond—how vacancies
are to be supplied.


 
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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 625   View pdf image (33K)   << PREVIOUS  NEXT >>


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