| 1805.
CHAP. 110. |
LAWS OF MARYLAND.
as they shall think proper in his place, who shall give bond as
aforesaid, and on giving such bond, (in case the said debtor had
conveyed his property to the former trustee,) he shall immediately
be vested with all the property of every kind, and all the debts,
rights and credits, of the said debtor, as completely as the former
trustee was vested with the same. |
On executing a
deed debtor to be
discharged, &c.
Provisos. |
5. AND BE IT ENACTED, That upon the said petitioning
debtor's
executing and acknowledging a deed (g) to the trustee to be appointed
as aforesaid, which deed is hereby directed to be recorded
within the time limited by law, conveying all his property, real,
personal and mixed, and all debts, rights and claims, agreeable to
the oath or affirmation of such debtor as aforesaid, and on his delivery
to the said trustee all his said property which he shall have
in possession, and of his books, papers, and evidence of debts of
every kind, and the said trustee's certifying the same in writing in
the county court, it shall be lawful for the county court to order
that the said debtor shall be discharged, as well from all debts,
covenants, contracts, promises and agreements, due from, or owing
or contracted in his individual, as also in a copartnership capacity,
by him, before the passage of this act, or at the time of his application
to the county court for the benefit of this act, and by virtue
of such order the said debtor shall be discharged as aforesaid; Provided,
that no person who has been guilty of a breach of the law,
and hath been fined, or is liable to be fined for such breach, shall
be discharged from the payment of any fine incurred for any breach
of the laws of this state (h); And provided, that any property
which
he shall hereafter acquire by gift, descent, or in his own right be
bequest, devise, or in any course of distribution, shall be liable
to
the payment of the said debts; And provided also, that the discharge
of such debtor shall not operate so as to discharge any other
person from any debt.
(g) By 1808, ch. 71, s. 3, and November 1812, ch.
77, s. 6, the appointment of
a trustee
operates as an assignment of all the insolvent's property, so as to vest
the title
in the trustee, without the necessity of a deed.
(h) By November 1812, ch. 77, s. 4, no person shall
be entitled to the benefit of
this act oftener
than once in two years; nor to a final release after the first
without paying
over, or conveying to his trustee, estate sufficient to pay a certain
per cent.
of his debts at the time of such after application. Not to prevent
the right
to a personal release. |
Debtor to retain
apparel, &c. |
6. AND BE IT ENACTED, That the county court
may allow such
petitioning debtor to retain the necessary wearing apparel and bedding
of himself and family. |
Trustee may be
directed to sell,
&c. and satisfy
judgments, &c. |
7. AND BE IT ENACTED, that the county court
may direct any
trustee to be appointed in virtue of this act, to sell and convey the
property conveyed to him by the petitioning debtor, at such time,
and on such terms and conditions, as they shall think most for the
advantage of the creditors, and the produce thereof, after satisfying
all judgments, incumbrances and liens, shall be divided among
the said creditors, agreeably to their several respective claims, but
no judgment to be entered after the passage of this act, or after the
time of his application to the county court for the benefit of this
act,
against any of the said debtors who shall take advantage of this
act, shall be a lien on his real property, nor shall any process
against his real or personal property have any effect thereon, except
writs of fieri facias actually and bona fide paid before
the passage |
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