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816 HALL v. McPHERSON,
ments due from, or owing or contracted in his individual, as also
in his partnership capacity, before the time of his application; pro-
vided, 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 there-
after acquire by gift, descent, or in his own right by bequest, de-
vise, or in any course of distribution shall be liable to the payment
of such debts; and provided also, that the discharge of such appli-
cant shall not operate so as to discharge any other person from any
debt, (j) But, that all property of the applicant, not mentioned in
his schedule, shall be subject to execution and attachment, in the
same manner his property was prior to his application, (k)
From which it appears, that the property of a debtor cannot here,
as in England, be placed under the insolvent law in any way by
the mere act of any of his creditors; that it can only be so disposed
of upon the voluntary application of the insolvent debtor himself;
and that the transfer, when so made, being less open to question,
because of its being voluntary, and in all respects as absolute as an
assignment under the bankrupt law of England, the reason why an
insolvent here should not be allowed to sue or be made a party to
a suit in relation to property, not then held by him as trustee, or
in right of another, and so transferred, is much stronger than that
which arises from an assignment under the analogous provisions of
the English bankrupt law. (l) The English bankrupt law is, in
general, administered upon the principle, that there will be no sur-
plus of the bankrupt's estate to be returned to him 5 our insolvent
law, in terms, proceeds upon the same principle by expressly de-
claring, that its benefit is to be granted only to those who, by
reason of their misfortunes, are unable wholly to pay their debts, (m)
Nevertheless, under some circumstances, an insolvent here, like a
bankrupt in England, may be permitted to institute a suit, or be
made a party for his own protection, or for the purpose of detecting
and preventing the practice of fraud; or where the necessary relief
cannot be obtained according to the mode of proceeding prescribed
by the insolvent law. (n)
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(j ) 1805, ch. 110, s. 5; 1827, ch. 70, s. 6; 1880, ch. 125; 1831, ch. 316, s. 7;
Buxton v. Mardin, 1 T. R. 80; Spalton v. Moorhouse, 6 T. R. 366; Nadin v. Bat-
tie, 5 East. 147, —(k) 1827, ch. 70, s. 8; Some other provisions have been since
made in relation to insolvent debtors in the city and county of Baltimore, by 1884,
ch, 293. —(l) Collet v. Wollaston, 8 Bro. C. G. 228; Coffins v. Shirley, 4 Cond.
Cha. R0p. 592. —(m) 1805, ch, 110, s. L—(n) Bowser v. Hughes, 1 Anst 101;
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