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WILLIAM SMALLWOOD, Esq; Governor.
with an affidavit of the sheriff, gaoler, or other credible person,
that
the defendant hath lain in gaol as aforesaid under commitment, and still
continues
a prisoner by virtue thereof, the chancellor may declare such prisoner
insolvent:
And on the chancellor's declaring any prisoner or other debtor as
aforesaid insolvent, he may thereupon order him to deliver up all his property
and debts or oath or affirmation, and to convey and transfer the same to
a trustee
or trustees for the benefit of all his creditors, and may compel obedience
to his orders, and similar proceedings shall be had in every respect as
herein
before provided on the application of the debtor; and any prisoner or other
debtor declared insolvent as aforesaid, complying with the chancellor's
orders
as aforesaid, shall in all things be considered and discharged, and have
the benefit
of this act, and be subject to all the consequences of fraud, deceit or
false swearing, as if he had applied for relief under this act; but if
any prisoner
or other debtor declared insolvent as aforesaid, will not comply with
the chancellor's orders as aforesaid, the chancellor may pass his order
that
all the property that such debtor hath or may claim any title to, or interest
in,
and all debts, rights and claims, which he is in any respect entitled
to, in
possession, remainder or reversion, be and are thereby assigned to
such person or
persons as he, by such orders, shall appoint trustee or trustees, and such
order
shall be in itself an assignment as effectual for the purpose of conveying
and
transferring such debtor's estate, property, debts, rights and claims,
legal and
equitable, as any assignment actually executed by him under the chancellor's
order; and the chancellor, on such debtor submitting afterwards to
examination
on oath, and thereon making full and satisfactory discovery of his estate,
property, debtors, rights and claims, may in his discretion discharge him
as if
he had at first complied according to this act. |
1787,
CHAP.
XXXIV. |
XVI. And be
it enacted, That any debtor of any sum of or under three
hundred pounds current money, may apply to the county court of the county
where he may live, or where he may be imprisoned, and such court shall
have
the same power and jurisdiction, and may proceed in every respect in
the same
manner, on the application of such debtor, as the chancellor is herein
before
authorised to act and determine in the case of persons indebted above three
hundred pounds current money; and such county courts are hereby directed
to conform themselves to the directions of this act, and to adopt rules
and orders
substantially similar to those the chancellor may make in cases by him
decided, except as to notice to creditors, which shall be given, in case
the
debtor is in custody, by advertisement set up at the court-house and prison
doors ten days previous to the meeting of the court in course, or by adjournment,
and in case the debtor shall not be in custody, then shall notice of
such application be given as aforesaid, and also published in the Maryland
Gazette and Baltimore Journal six weeks previous to such meeting of
the
court, and if such debtor, not in custody, resides on the eastern shore,
he shall
also cause such notice as aforesaid to be given in the public paper
printed in
Chester-town. |
Certain debtors
may apply
to the county
court, &c. |
XVII. And be
it enacted, That if the state shall be the creditor of any
such debtor, the chancellor, or the county court to whom such debtor shall
apply, is hereby required to direct notice of the application of such debtor
to
be given to the attorney-general, and to the treasurer of the western shore;
and the treasurer should thereupon transmit the claim of the state against
such
debtor to the chancellor, or such county court, and also to the attorney-general,
who will take care of the interest of the state, and that the right of
the
state, and preference in payment, in such cases where a preference is given
by
law, be obtained, and that such sum as the state may be entitled to be
paid to
the treasurer of the western shore. |
Where the
state is creditor,
notice
to be given,
&c. |
XVIII. And be
it enacted, That all applications to the chancellor under this
act, and all proceedings thereupon, shall be entered by the register of
the
chancery court in a book to be kept for that purpose only; and he shall
be |
All applications,
&c. to
be entered in
a book, &c. |
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