| 1787.
CHAP.
XXXIV. |
LAWS of MARYLAND.
all his property, real personal and mixed, and to which he is in any
manner
entitled, a schedule whereof, (on oath or affirmation) together with a
list of his
creditors, as far as he can ascertain them, shall be exhibited with, and
annexed
to, such petition, and thereupon the chancellor may direct personal
notice of
such application to be given to the creditors, or as many of them as
can be
served therewith, or he may direct notice of such application to be published
in the public news-papers for such time as he may think proper, and on
their appearance, or neglect to appear on notice, at the time or times
and
place appointed, the chancellor may administer the following oath (or affirmation)
to the debtor making such application, to wit: " I , A. B. do swear,
or
solemnly, sincerely and truly declare and affirm, that I will deliver up,
convey
and transfer, to my creditors, in such manner as the chancellor shall direct,
all my property that I have or claim any title to, or interest in, at this
time, in the world, and all debts, rights and claims, which I have at this
time, or that I am in any respect entitled to, in possession, remainder
or reversion,
and that I have not, directly or indirectly, at any time before, sold,
conveyed, leased, disposed of or intrusted, any part of my property, debts,
rights or claims, thereby to defraud my creditors, or any of them,
or to
secure the same, to receive or expect any profit, benefit or advantage,
thereby." |
Who shall appoint
a trustee,
&c. |
III. And be
it enacted, That the chancellor shall thereupon appoint a
trustee or trustees on behalf of the creditors, and shall direct such debtor
to
execute a deed to such trustee or trustees for all his property, debts,
rights
and claims, agreeably to the oath (or affirmation) of such debtor, in trust
for
his creditors, and thereupon, and upon the execution of the said deed,
and
after the delivery of the property, books, bonds, and other evidences
of debts,
to such trustee or trustees, and his or their certificate of such delivery,
the
chancellor may order that such debtor shall for ever thereafter be acquitted
and discharged from all debts by him owing or contracted at any time before
the date of such deed, and in virtue of such order such debtor shall be
for
ever discharged from all debts due or contracted before the date of
such deed;
provided, that any property thereafter acquired by such debtor descent,
devise, bequest, or in course of distribution, shall be liable to the payment
of
his debt. |
To act under
oath, &c. |
IV. And be it
enacted, That every trustee, before he acts as such, shall
take the following oath (or affirmation) which any justice of the peace
may
administer, to wit: " I, A. B. do swear, (or solemnly, sincerely, and truly
declare and affirm) that I will faithfully, impartially and honestly, according
to the best of my skill and knowledge, execute the several powers and trusts
reposed in me as trustee for the creditors of C. D. without favour
or affection,
prejudice or malice;" and every trustee, before he acts as such, shall
give bond
with security if necessary, in such penalty as the chancellor shall direct,
for
the faithful and due performance of his trust; and in case of the refusal
or
delay in any trustee to act, or in case of his death, the chancellor may
appoint
another, who shall qualify as aforesaid. |
Debtor may
retain his
wearing apparel,
&c. |
V. And be it
enacted, That the chancellor may allow any such debtor to
retain the necessary wearing apparel of himself and family, and if a mechanic
or manufacturer, his tools, not exceeding in value the sum of ten pounds
current
money. |
Chancellor
may direct
trustee to sell
the property,
&c. |
VI. And be it
enacted, That the chancellor may direct the trustee or trustees
appointed on behalf of such creditors, to sell and convey the property
of such
debtor, at such time, and on such terms and conditions, as may be most
advantageous
to the creditors, and the net produce, after satisfying all incumbrances
and liens, to divide among the said creditors, agreeably to their several
and respective debts and claims, not allowing any interest on any debt
after
the execution of the deed by such debtor, but no judgment hereafter
to be |
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