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JOHN EAGER HOWARD, Esq; Governor.
a new execution, or such other process as the nature of the case may
require, for
such sum of money or tobacco as may remain unsatisfied on his, her or their
judgment, in the same manner that he, she or they, might have done if such
defendant or defendants had not been arrested on the former writ of execution. |
1789.
CHAP.
XLII. |
CHAP. XLIII.
An ACT for the relief of sundry insolvent debtors confined in
sundry gaols of this state. |
Passed December
25. |
WHEREAS Benjamin Rogers, Charles Myers, George Wolf,
Benjamin
Lane, James Forbes and William Stayton, prisoners confined in the
gaol of Baltimore county, Samuel Godman, of Anne-Arundel county,
Micajah Mitchell, Thomas Bond, (son of John,) Francis Baker and Daniel
Cheston, of Harford county, and John Ruth, of Queen-Anne's county, for
debts, by their petitions to this general assembly have set forth, that
by reason
of many misfortunes they are unable wholly to satisfy their creditors,
and have
prayed that they may be discharged from further confinement, upon their
delivering
up all their property for the use of their creditors; and the prayer of
the
said petitions being found reasonable, therefore, |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That any three of
the justices of the respective counties aforesaid, be and they are hereby
required
and directed, upon the petitions of the said Benjamin Rogers, Charles Myers,
George Wolf, Benjamin Lane, James Forbes, William Stayton, Samuel Godman,
Micajah Mitchell, Thomas Bond, (son of John,) Francis Baker, Daniel
Cheston and John Ruth, to grant unto them the like relief as by the laws
of
this state is provided and enacted for insolvent debtors who are confined
for debts
not exceeding two hundred pounds sterling. |
Justices, on
petition, to
grant relief,
&c. |
III. And be
it enacted, That the justices aforesaid, or any two of them,
upon such petitions being made to them, and without any further notice,
except
where notice has not already been given, by the said Benjamin Rogers, Charles
Myers, George Wolf, Benjamin Lane, James Forbes, William Stayton, Samuel
Godman, Micajah Mitchell, Thomas Bond, (son of John,) Francis Baker,
Daniel Cheston and John Ruth, for their discharge aforesaid, shall thereupon
proceed in all things conformable to the purport, true intent and meaning,
of the
act for the relief of insolvent debtors not exceeding two hundred pounds
sterling,
excepting as to the notice, and that their discharge be equally valid and
effectual, and the proceedings of the said justices equally good and binding,
to
all intents and purposes whatsoever. |
And proceed
conformable
to a former
law, &c. |
IV. And be it
enacted, That where notice has not been already given, the
several justices are authorised to proceed upon the application of the
petitioners,
upon fifteen days notice, in the manner prescribed by the act of seventeen
hundred and seventy-four. |
Upon fifteen
days notice. |
V. And be it
enacted, That any of the said debtors discharged by order of
the said justices shall, for ever thereafter, be acquitted and discharged
from all
debts by him owing or contracted at any time before the time of such discharge;
provided that any property thereafter acquired by such debtor by descent,
or in
his own right, by devise, bequest, or in course of distribution, shall
be liable to
the payment of his debts. |
Debtors discharged,
forever
acquitted,
&c. |
VI. And be it
enacted, That if any creditor of the aforesaid debtors shall, at
any
time within two years after the said debtors are discharged, shall allege
in writing
to the justices of the county court, in court sitting, where the said debtor
resides,
that such debtor hath directly or indirectly sold, lessened, or otherwise
disposed
of in trust or concealed, any part of his property of any kind, or any
part of
his debts, rights or claims, whereby to secure the same, or to receive
or expect
any profit, benefit or advantage thereby, or to deceive or defraud his
creditors,
the said court may thereupon examine such debtor on interrogatories, on
oath or |
On allegation
of a creditor,
court may
examine debtor,
&c. |
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