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ROBERT BOWIE, ESQUIRE, GOVERNOR.
or any kind of security, to give false colour to his claim for
more than is bona fide due, such creditor shall lose his claim
actually
due, and shall be totally excluded in the distribution. |
1805.
CHAP. 110. |
13. AND BE IT ENACTED, That if the said debtors,
or any of
them, shall be arrested or imprisoned on any process sued out of
any judgment or decree obtained against them, or any of them, for
any debt, damage or costs, contracted, owing or growing due, before
the passage of this act, or before the time of their application
to the county court for the benefit of this act, the court, out of
which such process issued, or any judge thereof, of the county
where the said debtor may be arrested or imprisoned, on application
made to them, shall and may discharge such debtor on motion;
and if the said debtors, or any of them, shall be arrested or imprisoned
on any process for the recovery of any debt, damages or
costs, contracted, owing or growing due, before the passage of this
act, or before the time of their application to the county court for
the benefit of this act, the court before whom such process shall be
returned shall and may discharge such debtor or debtors out of
custody on his common appearance being entered, without any special
bail; Provided, that the discharge of such debtor or debtors
shall not acquit or discharge any other person from such debt, damages
or costs, or any part thereof, but that all such persons shall
be answerable for the same in such manner as they were before the
passing of this act, or before the time of their application tot he
county court for the benefit of this act.
See note (e)
to section 3, and the act of November 1812, ch. 77, s.3. |
If debtor takes
in execution, &c.
he may be discharged
on motions,
or if arrested,
&c. on his
common appearance
being entered.
Provisos. |
14. AND BE IT ENACTED, That all proceedings
under this act
shall be recorded by the clerk of the county court in which such
debtor shall reside, who shall be entitled to the same fees as are
fixed by law for services in other cases, which shall be paid at the
time of obtaining the discharge. |
Proceedings to
be recorded by the
clerk. |
15. AND BE IT ENACTED, That in all appointments
of trustees
under this act by the county court, in the room of any person before
appointed, the county court shall consult the creditors, and
govern themselves by the choice of a majority of them in value,
unless upon notice being given by public advertisement, or in such
manner as they shall think reasonable, the said creditors shall neglect
to make such choice. |
Court to empower
the creditors in
appointing a new
trustee. |
16. AND BE IT ENACTED, That none of the said
debtors named
in this act, who do not make application as aforesaid on or before
the first day of September next (m), nor any other persons who
shall apply for the benefit of this act, who shall not execute a
deed (n) for all his estate, real, personal or mixed, to any trustee
appointed in virtue of this act, within one month after the appointment
of such trustee, and bond given by him according to the provisions
of this act, shall have any benefit of this act.
(m) See section 21.
(n) By 1808, ch. 71, and November 1812, ch. 77,
a deed to the trustee is not
necessary to vest the property
in him. |
Debtor not executing
deed to
trustee, &c. to
derive no benefit,
&c. |
17. AND BE IT ENACTED, That nothing herein
contained shall
be construed to compel the above named John Gill, of the city of
Baltimore, to obtain the assent of two thirds in value of his creditors,
but it shall and may be lawful for the county court of Baltimore
county to award and adjudge to the said John Gill, the full
and final relief of this act, unless some one or more of the creditors |
J. Gill to
relief, &c.
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