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EDWARD LLOYD, ESQUIRE, GOVERNOR.
county, in whose custody the said David C. Stewart and
Lloyd Buchanan are confined, to bring the said David C. Stewart
and Lloyd Buchanan immediately before the said court, or judges,
as the case may be, for the purpose of taking the oath hereafter
mentioned; and in case the said David C. Stewart, Lloyd Buchanan
and William P. Stewart, shall then and there before the said
court, or judge, make and subscribe the following oath, or affirmation,
to wit: " We, David C. Stewart, Lloyd Buchanan and William
" P. Stewart, do swear, (or solemnly, sincerely and truly affirm
" and declare,) that we will deliver up, convey and transfer,
" to our creditors, in such manner as the county court of Baltimore,
" (or judge, as the case may be,) shall direct, all our property,
" which we have or claim any title to, or interest in, at this time,
" and all debts, rights and claims, which we have or are in any way
" entitled to, in possession, remainder or reversion, and that we have
" not, directly or indirectly, any time sold, conveyed, lessened
" or disposed of, for the use or benefit of any person or persons,
" or intrusted, any part of our money, or other property,
" debts, rights or claims, thereby to defraud our creditors, or any
" of them, or to secure the same, or receive or expect any profit,
" benefit or advantage thereby," the said court, or judge, as the case
may be, shall thereupon direct that the bodies of the said David C.
Stewart and Lloyd Buchanan shall be discharged from the custody
of the said sheriff; and the said court, or judge, as the case may be,
shall name such person as a majority of the creditors of the said
David C. Stewart, Lloyd Buchanan and William P. Stewart, or
their agent or attornies, shall recommend, to be the trustee for the
benefit of the creditors of the said David C. Stewart, Lloyd
Buchanan and William P. Stewart; and in case no recommendation as
aforesaid shall be made by the said creditors, their agents or attornies,
the said court, or judge, as the case may be, shall nominate
and appoint such person as the said court, or judge, shall think
proper, to be trustee as aforesaid. |
1809.
CHAP. 11. |
3. AND BE IT ENACTED, That before such trustee
proceeds to
act, he shall give bond for the faithful performance of his duty, to
such person, in trust for the creditors of the said petitioning debtors,
and in such penalty as the said court, or judge as aforesaid,
shall direct, which shall be recorded in Baltimore county court,
and a copy thereof, certified under the hand of the clerk of the 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 by the said court, or judge as aforesaid,
or be removed for misbehaviour, the said court, or judge as aforesaid,
shall appoint such other person as the said court, or judge as aforesaid,
shall think proper, in his place, who shall give bond as aforesaid,
and on giving such bond, in case the said David C. Stewart,
Lloyd Buchanan and William P. Stewart, had conveyed their property
to the former trustee, he shall be immediately vested with all
the property, of every kind, and all debts, rights and credits, of
the said David C. Stewart, Lloyd Buchanan and William P. Stewart,
as completely as the former trustee was vested with the same. |
Trustee to give
bond, &c. |
4. AND BE IT ENACTED, That upon the executing
and acknowledging
a deed by the said David C. Stewart, Lloyd Buchanan and |
Upon executing a
deed of all their
property to trustee |
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