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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 531   View pdf image (33K)
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13 ELIZ. CAP. B, FRAUDULENT CONVEYANCES. 531
1843, ch. 109, the legislature formally re-enacted all laws relating to in-
solvent debtors, "which were in force at the passing of the late Bank-
rupt Act of the United States," (Act of Congress, 19 Aug. 1841,) from
which it would seem that that Act operated as a repeal of them. How-
ever, the decisions of our Courts on the subject of fraudulent preferences
under the Insolvent laws may be of some interest and utility, as affecting
the interpretation of similar provisions in the Bankrupt Act. As be-
fore observed, the later Insolvent laws expressly saved assignments for
the benefit of creditors generally, though containing preferences and ex-
acting releases.
In the early case of Manro v. Gittings, 1 H. & J. 492, a conveyance to
particular creditors by debtors in insolvent circumstances, and in view
of an application for the benefit of the Insolvent laws, was held an
undue and improper preference under the Act of 1800, ch. 44, and de-
clared void, and see the Act of April 1787, ch. 34, sec. 10. But the Act
of 1800, ch. 44, was soon superseded by other legislation of a more gen-
eral character, which sought to prevent frauds and undue preferences,
sometimes by depriving the guilty insolvents of the relief they sought
without affecting the right of the preferred creditor, and sometimes,
conversely, by avoiding the instrument which contained the preference
without debarring the debtor of the benefit of a discharge. Thus under
the Acts of 1805, ch. 110, sec. 9, and 1807, ch. 55, a deed preferring a
creditor was not rendered inoperative, the insolvent being only excluded
from the benefit of these Acts, Owings v. Nicholson, 4 H. & J. 66; and see
Hickley v. Farmers' Bank, 5 G. & J. 377. The Act of 1812, ch. 77, sec.
1, however declared, that any deed, conveyance, transfer, assignment, or
delivery of any property, real, personal, or mixed, or of any debts,
rights, or claims to any creditor or security, made by any person with
a view or under the expectation of becoming an insolvent debtor, and
with an intent thereby to give an undue and improper preference to
such creditor or security, should be absolutely null and void, and the
title to such property, &c. should vest in the insolvent trustee. The
Act of 1816, ch. 221, sec. 6, providing a local system for Baltimore
County and City, is in the same terms, but contains a proviso that no in-
solvent should be debarred of the benefit of the Act on account of such
conveyances. These Acts did not extend to judgments confessed by the
debtor, Hickley v. Farmers' Bank supra, and by the Act of 1827, ch. 70,
sec. 7, a voluntary confession of any judgment by a debtor, with a view or
under the expectation of being or becoming an insolvent debtor, is de-
clared an undue and improper preference, but Baltimore County and
City are excepted from its operation, though such confessions of judg-
ments are declared undue and improper preferences as to Baltimore
County and City, and avoided by the Act of 1830, ch. 65, and see 1831,
ch. 316, sec. 5. But none of these laws, though avoiding many acts done
by an insolvent, in terms included an actual payment of money bona fide
due by him, Stewart v. Union Bank, 7 Gill, 439. Accordingly, by the Act of
1834, ch. 293, sec. 1, which however only affected Baltimore County and
City, Cole v. Albers, 1 Gill, 412, it was enacted that all conveyances,
sales, deliveries, payments, conversions, or dispositions of property or
estate, real, &c., debts, rights, or claims, or confessions of judgment

 
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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 531   View pdf image (33K)
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