| JUNE 1809.
court to discharge
them from
all debts, &c.
Provisos. |
LAWS OF MARYLAND.
William P. Stewart, to the trustee to be appointed as aforesaid,
conveying all their property, real, personal and mixed, and all
debts and claims, agreeably to the oath or affirmation as aforesaid,
and on their delivery to the said trustee all the said property which
they shall have in possession, and their books, papers and evidences
of debts of every kind, and the said trustee certifying the same,
in writing, to the said court, it shall be lawful for the said court to
order that the said David C. Stewart, Lloyd Buchanan and William
P. Stewart, shall be discharged from all debts, covenants, contracts,
promises and agreements, due from, or owing or contracted
by them, as partners in trade as aforesaid, before the first day of
May, in the year of our Lord one thousand eight hundred and six,
and by virtue of such order the said David C. Stewart, Lloyd Buchanan
and William P. Stewart, shall be discharged as aforesaid;
Provided, that if the said David C. Stewart, Lloyd Buchanan and
William P. Stewart, have been guilty of a breach of the laws, and
have been fined, or are liable to be fined, for such breach, they shall
not be discharged from payment of any fine incurred for any breach
of the laws of this state; And provided, that any property which
they, or either of them, shall thereafter acquire by gift, descent,
or in their or either of their own right by bequest, devise, or in any
course of distribution, shall be liable to the payment of their said
debts; And provided, that the discharge of the said David C. Stewart,
Lloyd Buchanan and William P. Stewart, shall not operate so
as to discharge any other person from any debt. |
To retain their
wearing apparel. |
5. AND BE IT ENACTED, That the said court
may allow the said
David C. Stewart, Lloyd Buchanan and William P. Stewart, to
retain the wearing apparel of themselves and families. |
Court may direct
trustee to sell and
convey property,
&c. |
6. AND BE IT ENACTED, That the said court
may direct any
trustee, to be appointed by virtue of this act, to sell and convey the
property conveyed to him by the said David C. Stewart, Lloyd
Buchanan and William P. Stewart, at such time, and on such terms
and conditions, as he shall think most advantageous for the creditors,
and the proceeds thereof, after satisfying all incumbrances and
liens, shall be divided among the said creditors, agreeably to their
several and respective claims, but no judgment to be rendered after
the passage of this act against the said David C. Stewart, Lloyd
Buchanan and William P. Stewart, shall be a lien on their real and
personal property, nor shall any process against their real or personal
property have any effect thereon, except writs of fieri facias
actually and bona fide laid before the passage of this act. |
Trustee's commission
—In case of
complaint against
trustee, court to
inquire into the
cause, &c. |
7. AND BE IT ENACTED, That the said court
may allow any
trustee, to be appointed by virtue of this act, such commission for
his trouble as they shall think reasonable, not exceeding eight per
centum; and if any complaint shall be made to the said court of the
conduct of the trustee, by any creditor interested in the distribution
of the estate, the said court may call such trustee before them,
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 the said court think it necessary, they may remove such trustee,
and appoint another person in his place. |
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