524 HALL v. McPHERSON.—3 BLAND.

as thereby to have his property taken from him and transferred to
assignees for the benefit of his creditors; and consequently, so long
as the commission of bankruptcy, sued out against him, remains
in force, as he has been thereby totally divested of all property
then held by him, not as trustee or in right of another, and which
might be made liable to the payment of his debts, he cannot nor
ought not to be allowed to sue or be made a party to any suit at
law or in equity in regard to any such property; unless under
peculiar circumstances. Copeman v. Gallant, 1 P. Will. 314; Ben-
net v. Davis, 2 P. Will. 316; Griffin v. Archer, 2 Anst. 478; Benfield
v. Solomons, 9 Ves. 83; Whitworth v. Davis, 1 Ves. & B. 545; Wil-
kins v. Fry, 1 Meriv. 245; Hammond v. Attwood, 3 Mad. 158; Bailey
v. Vincent, 5 Mad. 48; Lloyd v. Lander, 5 Mad. 282; Piercy v.
Roberts, 6 Cond. Cha. Rep. 469; Casborne v. Barsham, 9 Cond. Cha.
Rep. 289; Winch v. Keeley, 1 T. R. 619; Worthington v. Lee, 2
Bland, 622.

Here, to enable a debtor to obtain the benefit of the insolvent
law he must be then, at the time of his application, in actual con-
finement, 1805, ch. 110, s. 2; 1808, ch. 71; or he must give two
months notice of his application in the manner prescribed. 1805,
ch. 110, s. 21; 1834, ch. 309. And it is declared, that, on the ap-
plicant having taken the prescribed oath, the Cpurt, upon the re-
commendation of the creditors, if they make any, shall appoint a
trustee for their benefit; which appointment shall operate as an
assignment of all the insolvent's property so as to vest the title to
the same in such trustee, who shall manage, sell, and distribute
the same in the manner prescribed, and under the control of the
Court to which the application has been made. 1805, ch. 110, s. 2,
4, 7 and 10; 1812, ch. 77, s. 6; 1820, ch. 194; 1827, ch. 70, s. 3;
1832, ch. 203, s. 3; 1835, ch. 235. And after the trustee has given
bond, and the applicant has conveyed to him all his estate for the
benefit of his creditors, and the trustee has certified, that he is in
possession of all the estate of the applicant mentioned in his
schedule, 1805, ch. 110, s. 5; 1827, ch. 70, s. 1; 1829, ch. 208, s. 3;
the Court may order that such applicant shall be discharged, as
well from all debts, covenants, promises, and agreements
536 * due from, or owing or contracted in his individual, as also
in his partnership capacity, before the time of his application;
provided, that no person who has been guilty of a breach of the
law, and has been or is liable to be fined shall be discharged from
any such fine; and provided, that any property which he shall
thereafter acquire by gift, descent, or iu his own right b,v bequest,
devise, or in any course of distribution shall be liable to the pay-
ment of such debts; and provided also, that the discharge of such
applicant shall not operate so as to discharge any other person
from any debt. 1805, ch. 110, s. 5; 1827, ch. 70, s. 6; 1830, ch. 125;
1831, ch. 316, s. 7; Buxton v. Mardin, 1 T. R. 80; Spalton v. Moor-