| 1791.
CHAP.
LXXIII. |
LAWS of MARYLAND.
agreeably to their several and respective claims; but no judgment to
be
rendered after the passage of this act, against any of the said debtors
who shall
take advantage of this act, shall be a lien on his real property, nor shall
any
process against his real or personal property have any effect thereon,
except writs
of fieri facias actually and bonâ fide executed
before the passing of this act. |
Trustee may
sue, &c. |
VII. And be
it enacted, That any trustee may sue for, in his own name, and
recover, any property or debts assigned to him by any debtor in virtue
of this act. |
When fraud,
&c. is alleged,
debtor may be
examined,
&c. |
VIII. And be
it enacted, That if any creditor, on the application of any such
debtor to the chancellor, or within two years thereafter, shall allege,
in writing,
to the chancellor, or to the general court of the shore, or the county
court of
the county, where such debtor shall reside, that such debtor hath directly
or indirectly
sold, conveyed, lessened, or otherwise disposed of, or purchased, in trust
for himself or any of his family or relations, or any other person or persons,
intrusted or concealed any part of his property of any kind, or any part
of his
debts, rights or claims, thereby to deceive or defraud his creditors,
or any of
them, or to secure the same, or to receive or expect any property, benefit
or advantage,
thereby, or that he has passed bonds, or other evidences of debts, either
without consideration or on improper consideration, or lost more than one
hundred
pounds current money by gaming at any one time within two years before
the
passage of this act, the said chancellor, or court, may thereupon, at the
election of
the creditor making such allegation, either examine the said debtor, and
any person
or persons to whom he may have made any conveyance or conveyances of his
property, or passed bonds or evidences of debt as aforesaid, on interrogatories,
on oath or affirmation, touching the subject of the said allegations, or
direct an
issue or issues, in a summary way, without the form of an action, to determine
the truth of the same; and if, upon the answer tot he said interrogatories,
or the
trial of the sid issue or issued by a jury, such debtor shall be found
guilty of any
fraud or deceit of his creditors, or loss by gaming as aforesaid, he shall
for ever be
precluded from any benefit of this act; and in case such debtor, or other
person,
shall, at any time thereafter, upon any indictment, be convicted of wilfully,
falsely
and corruptly, swearing or affirming to any matter or thing to which he
shall
swear or affirm by virtue of this act, he shall suffer as in case of wilful
and corrupt
perjury, and be for ever debarred from any benefit of this act. |
Chancellor
may allow a
commission,
&c. |
IX. And be it
enacted, That the chancellor may allow any trustee to be appointed
by virtue of this act, such commission for his trouble as he shall think
reasonable, not exceeding five per. cent. and if any complaint shall
be made to
the chancellor of the conduct of any trustee, by any creditor interested
in the
distribution of any estate, the chancellor may call such trustee before
him, and
inquire into the cause of complaint in a summary way, and make such rules
and
orders as shall be judged necessary for the speedy accomplishment of the
object of
the trust, and punish the said trustee, as for a contempt, in case of his
not obeying
the same, and, if he thinks it necessary, he may remove the said trustee,
and
appoint another person in his place. |
May order
imprisoned
debtors to be
brought before
him, &c. |
X. And be it
enacted, That if any debtor, who shall petition the chancellor
in virtue of this act, shall be imprisoned at the time of exhibiting such
petition,
it shall be lawful for the chancellor to order the sheriff, in whose custody
he shall
be, to bring him before him, at a certain time by him in the said order
to be appointed,
for the purpose of taking the oath or affirmation herein before mentioned;
and the said sheriff shall obey the said order, and shall be entitled to
a preference,
after the discharge of all liens on the said debtor's estate, to all the
other creditors,
in the payment of his account against the said debtor for legal fees of
imprisonment,
and his reasonable expences in carrying the said debtor to the chancellor
in obedience to his order as aforesaid, any thing in this act to the contrary
notwithstanding;
and in case such imprisoned debtor shall have any creditors beyond
sea, the chancellor may, in his discretion, order the sheriff to bring
the said
debtor before him at such time as he thinks proper, and on his taking the
oath
herein before mentioned, may direct that the body of such debtor shall
be discharged |
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