| 1805.
CHAP. 110. |
LAWS OF MARYLAND.
of the estate, or if any trustee hath or shall become insolvent, the
county court may call such trustee before him, 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 they think it necessary,
they may remove the said trustee and appoint another person in his
place. |
If debtor be in
prison court may
discharge him
from confinement
on giving security
to appear and answer
interrogatories.
Provisos. |
11. AND BE IT ENACTED, That if any debtor
(l), who shall petition
in virtue of this act, shall be imprisoned at the time of exhibiting
such petition, it shall be lawful for the county court, or
any judge thereof, to order the sheriff, or other officer, in whose
custody he shall be, to bring him before such court, or judge, at a
certain time in the said order to be appointed, for the purpose of
taking the oath or affirmation herein before mentioned, and the said
sheriff, or other officer, shall obey the said order, and shall be entitled
to a preference, after the discharge of all liens on the said
debtor's estate, to all other creditors, in the payment of his account
against the said debtor for legal fees of imprisonment, and his reasonable
expenses in carrying the said debtor to the county court, or
any judge thereof, may direct that the body of such debtor shall be discharged
from imprisonment, and appoint a time when such debtor
shall appear before the county court, to answer interrogatories
which his creditors may propose to him, on not less than three
months notice as aforesaid, any thing in this act to the contrary
notwithstanding; Provided, that such discharge from imprisonment
shall not operate as a discharge of any of the debts of the said imprisoned
debtors; And provided, that the said imprisoned debtor, at
the time of his discharge, if required by the county court, or any
judge thereof, shall enter into a bond, with such penalty and security
as the county court, or any judge thereof shall direct and
approve, conditioned for his personal appearance at such time or
times as the said court, or any judge thereof, shall direct, to answer
the allegations of his creditor or creditors according to the provisions
aforesaid; and if the said debtor shall not enter into bond as
aforesaid, if required by the county court, or any judge thereof,
then such debtor shall remain in confinement until the application,
(if objected to,) shall be decided on.
(l) See
1807, ch. 150, s. 3, and 1808, ch. 71, s. 2. |
Court may limit
time for bringing
in claims; may examine
creditors
and debtor on oath
concerning the
same, &c. |
12. AND BE IT ENACTED, That the
county court may, by order,
limit and appoint the time for creditors to being in and declare
their claims, and may examine such creditors, and also the debtor,
on oath or affirmation, concerning the same, and, on any contested
claim, may, if they think proper, order the same, or any fact concerning
the same, to be tried on an issue framed for that purpose,
and may order any part of the petitioning debtor's estate to be set
apart and retained for the eventual satisfaction of any contested
claim, or to be brought again into distribution; and if any creditor
to whom a real debt is due, shall collude with the debtor to gain an
undue preference in the satisfaction of his debt, or for concealment
of any part of the debtor's estate or effects, or shall contrive or
concert any acknowledgment of the debtor, by parole, or in writing, |
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