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ROBERT WRIGHT, ESQUIRE, GOVERNOR.
the said sheriff, or other officer, shall obey the said order, and shall
be entitled to a preference, after a discharge of all liens on the said
debtor's estate, to all other creditors, in the payment of his account
against the sid debtor for legal fees of imprisonment, and
his reasonable expenses in carrying the said debtor to the county
court, or any judge thereof, in obedience to the order as aforesaid,
any thing in the said original law, or the supplements thereto, notwithstanding;
and the 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 or her, and not less than three months notice, as by the said
original act is provided, any thing in the said original act, or the
supplements thereto, 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 debtor, unless
the said debtor shall, before his final hearing, obtain the assent, in
writing, of two-thirds in amount of his or her creditors; And provided,
that the said imprisoned debtor, at the time of his discharge
by the county court, or any judge thereof, shall enter into 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, may direct,
to answer the allegations of his or her 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 have been decided upon.
By 1817, ch. 183, such application
may be made to a judge of the orphans court,
who is vested with the like powers exercised by a judge of the county court. |
1808.
CHAP. 71.
Provisos. |
3. AND BE IT ENACTED, That in all cases of
petitions of insolvent
debtors, as well those as are depending as those that may hereafter
apply for the benefit of the acts for the relief of insolvent debtors,
the court before whom such petition may be depending, or any
judge thereof, may appoint a trustee for the benefit of the creditors
of such debtor, and may order that such trustee shall enter into bond,
with such surety or sureties as the said court or judge shall approve,
and on filing such bond with the clerk of the court, all the property,
real, personal and mixed of such debtor, and also claims
which shall be due to such debtor, shall immediately be vested in
such trustee, for the use and benefit of the creditors of such debtor,
any thing in any other law to the contrary notwithstanding.
See 1805, ch. 110, s. 2 and 4. |
Trustee may be
appointed—to enter
into bond. |
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CHAP. LXXII.
An Act to repeal an act *, entitled, An act for the punishment of
Forgery,
and for other purposes. Lib. TH. No. 2, fol. 65. |
Passed Dec. 22.
* 1806, ch. 84. |
WHEREAS universal experience hath proved, that the
commission
of crimes is more effectually restrained by the certainty than the
severity of punishments, and as the principles both of humanity
and sound policy require that capital punishments should be inflicted
in cases only where the general welfare evidently and imperiously
demands it; therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the act, entitled, An act for the punishment of forgery, and for
other purposes, be and the same is hereby repealed. |
An act repealed. |
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