| 1790.
CHAP.
XIII. |
LAWS of MARYLAND.
" mixed, (the necessary wearing apparel of myself and family, as allowed
by my
" trustee, only excepted,) 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 or concealed, any part of my property of any
kind, or
" any part of my debts, rights or claims, thereby wilfully to defraud or
deceive any
" creditors, or any of them, or to secure the same, or to receive or
expect any
" profit, benefit or advantage, thereby;" and shall execute and acknowledge,
before two justices of the same county, a deed to their trustees appointed
in virtue
of this act, on behalf of their creditors, for all their property, debts,
rights and
claims, agreeably to their said oath, in trust for their creditors, a schedule
whereof
they shall insert in, or annex to, the said deeds, that thereupon, and
for ever
thereafter, the said Leonard Harbaugh, Thomas Yates, John Baxley, John
Talbot
Risteau, Conrod Appleman, Hyland Price, Benjamin Lane, Smith Middleton,
Quayle Charles Christian, William Perkins, of Kent county, and Nathaniel
Pigman, shall, by virtue of this act, be acquitted, released, and for ever
discharged,
from all debts, promises, contracts, agreements and covenants, due
from, or contracted, made or entered into by them before the passing this
act:
Provided, that any property acquired by the said Leonard Harbaugh, Thomas
Yates, John Baxley, John Talbot Risteau, Conrod Appleman, Hyland Price,
Benjamin Lane, Smith Middleton, Quayle Charles Christian, William Perkins,
of Kent county, and Nathaniel Pigman, after the making the said deed, by
descent,
or in their own right by devise, bequest, or in course of distribution,
shall
be liable for the payment of his debts. |
Sheriffs appointed
trustees,
&c. |
III. And be
it enacted, That the sheriffs of the several counties where the
said
prisoners are confined, shall be and hereby are appointed trustees
in behalf of
the creditors of the said Leonard Harbaugh, Thomas Yates, John Baxley,
John
Talbot Risteau, Conrod Appleman, Hyland Price, Benjamin Lane, Smith Middleton,
Quayle Charles Christian, William Perkins, of Kent county, and Nathaniel
Pigman; and the said several sheriffs, before they act as such, shall take
the following oath before some justice of the peace of their county, to
wit: " I,
" A. B. do swear, 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 _____ _____, without favour,
affection,
" prejudice or malice." |
Debtors, if
arrested, to be
discharged,
&c. |
IV. And be it
enacted, That if the said Leonard Harbaugh, Thomas Yates,
John Baxley, John Talbot Risteau, Conrod Appleman, Hyland Price, Benjamin
Lane, Smith Middleton, Quayle Charles Christian, William Perkins, of Kent
county, and Nathaniel Pigman, or any of them, shall be arrested or imprisoned
on any process sued out on any judgment or decree obtained against them,
or any
of them, for any debt, damages or costs, contracted, owing or growing due,
before
the passing of this act, the court, out of which such process issued, shall
and
,ay discharge such debtor on motion; and if the said debtors, or any of
them,
shall be arrested or imprisoned on any process for the recovery of any
debt, damages
or costs, contracted, owing, or growing due, before the passing of this
act,
the court, before whom such process shall be returned, shall and may discharge
such debtor or debtors out of custody, on his common appearance being entered,
without any special bail; provided, that the discharge of such debtor or
debtors
shall not acquit any other person from such debt, damages or costs, or
any part
thereof; but that all such persons shall be answerable for the same
in such manner
as they were before the passing of this act. |
If creditors allege
fraud,
court may examine,
&c. |
V. And be it
enacted, That if any creditor of the said Leonard Harbaugh,
Thomas Yates, John Baxley, John Talbot Risteau, Conrod Appleman, Hyland
Price, Benjamin Lane, Smith Middleton, Quayle Charles Christian, William
Perkins, of Kent county, and Nathaniel Pigman, shall, at any time within
two
years after they are discharged, allege in writing, to the justices of
the county
where such debtor was confined, in court sitting, that any of the said
debtors |
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