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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 474   View pdf image (33K)
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474 CORRIE'S CASE.—2 BLAND.

low it into a distant and foreign country, there to seek satisfac-
tion according to laws with which, it could not be presumed, they
were at all acquainted. Holmes v. Remsen, 20 John. Rep. 229.

Therefore, in discharge of this duty to its own citizens, Mary-
land, by one of its earliest legislative enactments, not now in force,
declared, that where the goods of a debtor sued were not sufficient
to pay all his debts within the Province, they should be sold at an
outcry, and distributed equally among all the creditors inhabiting
within the Province, except that the mere and proper debts of the
Lord Proprietary should be first satisfied, and then fees and duties
to public officers, and charges; and that debts due for wine and
hot-waters be not satisfied till all other debts were paid. 1638, ch. 2,
s. 11; 2 Boz. Hix. Mary. 147, and by other and still existing Acts of
Assembly, it has provided, that all citizen or country creditors, as
they were called, should have made or secured to them a full satis-
faction of their claims out of their foreign bankrupt or insolvent
debtor's property found here, before it should be removed be-
yond the jurisdiction of the State. 1704, ch. 29; 1753, ch. 36:
1786, ch. 49, s. 3; Burk; v. McClain. 1 H. & McH. 230; Ward v.
Morris, 4 H. & McH. 337.

* These, and similar legislative enactments passed by the
496 other Colonies, now States of our Union, were, before the
Revolution, much complained of by the mother country, as bear-
ing hardly and unjustly upon the interests of creditors resident in
Great Britain. Ex parte Blokes, 1 Cox, 398; Hunter v. Potts, 4
T. R. 187; Chalmer's Political Annals, 689, 693; 1 Chal. Opin.
Em. Lawyers, 29. (d) Indeed, England having a greatly ex-
tended commerce, and her merchants and manufacturers credit-
ing abroad vastly more than they owe to foreign creditors, has a
a strong and peculiar interest in contending for a rule which draws
to herself the distribution of all the effects which her lucrative
commerce has dispersed over the globe; Holmes v. Remsen, 20
John. Rep. 264; and hence, it has long since become the settled
policy of the English judiciary, to extend the operation of their
bankrupt laws, so as to grasp and gather under their administra-
tion, for the benefit of English creditors, the effects of those who
may be declared bankrupt under their laws, from all parts of the

(d) In an opinion of the Attorney and Solicitor-General, D. Ryder and W.
Murray, given on the 3d of Jane, 1747, to the commissioners of trade and
plantations, respecting an Act which had been passed in the year 1715, by
the General Assembly of North Carolina, for giving priority to country
debts, they say, "that such part of the Act as postpones the execution on
judgments for foreign debts, in the manner therein provided, is contrary to
reason, inconsistent with the laws, and greatly prejudicial to the interests of
this kingdom; and therefore, unwarranted by the charter; and consequently,
void. And we are of opinion, that his majesty may declare the same to be
so, and his royal disallowance thereof." 2 Chal. Opin. Em. Lawyers, 62.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 474   View pdf image (33K)
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