1222 INSOLVENTS. [AET. 47

the proper allegations within the required time. Jaeger v. Requardt, 25
Md. 240.

What the petition should allege aiid the issues submit. Goodwill v. Selby,
77 Md. 446.

Puty of the court upon the filing of the petition. Castelberg v. Wheeler,
68 Md. 274; Jaeger v. Requardt, 25 Md. 240.

1904, art. 47, sec. 22. 1888, art. 47, sec. 22. 1860, art, 48, sec. 20. 1880, ch. 172.
sec. 23. 1886, ch. 298, sec. 23. 1896, ch. 446.

22. Any person who shall depart from or remain absent from this
State with intent to hinder, delay or defraud his creditors, or conceal
himself to avoid service upon him in any action for the recovery of a
debt; and any person who conceals or removes any of his property to
prevent the same from being taken under legal process, or makes an
assignment, gift, sale, conveyance or transfer of all or part of his estate
or property with the intent to delay, hinder or defraud his creditors;
or who, when insolvent or in contemplation of insolvency, executes a
deed or conveyance giving preferences, creates a lien making any unlaw-
ful preferences as therein stated, or otherwise gives such preference; or
when insolvent or in contemplation of insolvency, confesses any judg-
ment or allows any judgment to be entered against him by any
contrivance, or being a banker, broker, merchant, trader, builder, or
manufacturer, stops payment of his negotiable paper fraudulently, or
suspends payment thereof and fails to resume the same within, twenty
days; or being a banker or broker shall fail for twenty days to pay
any depositor on demand lawfully made, shall be deemed to have com-
mitted an act or acts of insolvency, as the case may be; provided, the
petition mentioned in the next succeeding section is filed within .four
months after the act of insolvency is committed.

Acts of insolvency.

The fact that the grantee or party to whom money is paid has no knowl-
edge that the grantor is insolvent, does not take the case out of the operation
of this section. Prayers correctly setting forth the facts requisite to bring
a case under this section. Where a firm, being Insolvent, sells its stock of
goods and immediately returns to the purchaser a part of the purchase
price, to be applied to the payment of notes on which the purchaser is
endorser, a preference is created. Where a merchant commits acts of insol-
vency, a subsequent assignment for the benefit of creditors has no effect
against the insolvent trustee. Willlson v. Frostburg Bank, 80 Md. 212. (Sec-
tion 34 not applicable.)

The fact that the defendant honestly believes he will be able to go on with
the business, and makes the preferences without any design so to do, is
immaterial. As soon as the debtor commits any of the acts enumerated
in this section, it becomes the absolute right of the creditor to place the
debtor in insolvency. Though there be an erroneous instruction on one act
of insolvency, if the debtor is guilty of another act, the judgment will not
be reversed. Castelberg v. Wheeler, 68 Md. 279.

If the conveyances are in other respects valid and there are no proceed-
ings in insolvency within the prescribed time, the conveyances are good.
The term "insolvency" means an inability to pay debts as they become due
in the ordinary course of business. Intention of this section. When a party
subjects himself to its provisions. Castelberg v. Wheeler, 68 Md. 275.

Whatever is the necessary consequence of an act deliberately done, the
law presumes every man to intend. When the quo ammo becomes an infer-
ence of law. Gardner v. Lewis, 7 Gill, 404.