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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1221   View pdf image (33K)
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ART. 47] EXAMINATION OF INSOLVENT. 1221

trustee; take acknowledgments to the deeds to the preliminary and
permanent trustees, and fix the day or days for the insolvent to appear
and answer interrogatories or allegations, and order notices to be given
to the creditors under such rules as the circuit courts may prescribe,
and shall receive as compensation one dollar; provided that no clerk
shall in any case appoint the preliminary trustee of any applicant for
the benefit of the insolvent law against whom there is pending at the
time of his application a petition or petitions filed by his creditors
under section 23, but shall submit every such application, together
with all such petitions then pending against such applicant, to one of
the judges of the said courts for this action.

The clerk may approve the bond in the absence of rules of court. Gable
v. Scott, 56 Md. 186.

1904. art. 47, sec. 19. 1888, art. 47, sec. 19. 1860, art. 48, sec. 17. 1854, ch.
193, sec. 17. 1880, ch. 172.

19. The clerk of the court of common pleas of Baltimore city may
appoint from among the clerks in his office one who shall have the
power vested in the clerks of the circuit courts by the preceding sections
of this article, and shall also have power to receive the answers of
insolvents to interrogatories, and to report on such interrogatories and
answers to the court, and who shall receive such compensation as said
clerk of the court of common pleas of Baltimore city may prescribe, to
be paid by the parties applying for the benefit of this article, which
compensation shall not be less than two dollars, nor more than ten
dollars to each applicant, according to the difficulties of the respective
cases; and all sums of money received from all such applicants by the
said clerk, beyond the aggregate of fifteen hundred dollars per annum,
shall be paid into the treasury of the State.

Ibid. sec. 20. 1888, art. 47, see. 20. 1860, art. 48, sec. 18. 1854, ch. 193,
sec 18. 1880, ch. 172.

20. The court may allow to the preliminary trustee commissions
not exceeding two per cent., and to the permanent trustee commissions
not exceeding six per cent., upon the estate of the insolvent.

Ibid sec. 21. 1888, art. 47, sec. 21. 1860, art. 48, sec. 19. 1854, ch. 193,

sec. 19.

21. Any creditor may examine orally any insolvent, or any one to
whom he has conveyed property, or may have an issue made and tried
by a jury; and any creditor may file allegations of fraud, at any time
within two years after the time of the final discharge of an insolvent,
and have issues made thereon and tried by a jury; and if such issues
be found against the insolvent, his discharge and release shall be
annulled and rescinded; and in any case of objection to the release of
an insolvent, whether by interrogatories or otherwise, the party against
whom the decision is made shall pay costs, as in other cases.

A petition under this section held to have been filed within the required two
years; the jurisdiction of the court attaches Immediately upon the filing of

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1221   View pdf image (33K)
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