INSOLVENTS. [ART. 47

If before a final discharge an insolvent when sued fails to plead the
pendency of insolvency proceedings and Judgment is entered against him, It is
too late to avail himself of such proceedings. Elder v. Reaney, 13 Md. 237.

Upon a plea of discharge the discharge can not be inquired into collaterally
or incidentally, if the court had Jurisdiction. The discharge need not
show on its face that the insolvent statutes were complied with. Bowie v.
Jones, 1 Gill, 208.

See sec. 5 and notes.

For forms of pleas of discharge in insolvency, and the pendency of
insolvency proceedings, see art. 75, sec. 24, sub-sec. 55, et seq.

1904, art. 47, sec. 28. 1888, art. 47, sec. 28. 1884, ch. 295.
28. The provisions of this article shall apply to copartnerships
engaged in business in this State, of which any of the copartners are
residents of this State; the petition by or against said copartnership
shall be filed in the court having insolvent jurisdiction in the place
where said copartnership business is carried' on, or, if such business is
carried on in different places, the court in which the petition is first
filed shall have exclusive jurisdiction; all the joint stock and property
of the copartnership, and all the separate estate of each of the partners
shall vest in and be conveyed to the preliminary and permanent trus-
tees, except such parts as are hereinbefore excepted; the creditors of
the firm, and of the respective partners, may prove their respective
debts; the permanent trustee shall be chosen by the copartnership cred-
itors; he shall keep separate accounts of the joint stock or property of
the copartnership, and of the separate estate of each member thereof;
and after deducting out of the whole amount received by the perma-
nent trustee the whole of the expenses and disbursements, the net pro-
ceeds of the joint stock shall be appropriated to pay the creditors of
the copartnership, and the net proceeds of the separate estate of each
partner shall be appropriated to pay his separate creditors; if there is
any balance of the separate estate of any partner after the payment of his
separate debts, such balance shall be added to the joint stock for the
payment of the joint creditors; and if there is any balance of the joint
stock after payment of the joint debts, such balance shall be appro-
priated to and divided among the separate estates of the several part-
ners according to their respective rights and interest therein, and as it
would have been if the partnership had been dissolved without any
insolvency; and the sum so appropriated to the separate estate of each
partner shall be applied to the payment of his separate debts; the
discharge shall be granted or refused to each partner as the same
would or ought to be if the proceedings had been against him alone;
in all other respects the proceedings by or against partners shall be
conducted in like: manner as if they had been commenced and con-
ducted by or against one person alone; all the provisions of this article
which apply to the debtor, or set forth his duties in regard to furnish-
ing schedules or inventories, executing papers, submitting to examina-
tions, disclosing, making over, secreting, concealing, conveying, assign-
ing or paying away his money or property, shall in a like manner, and
with like force, effect and penalties, apply to each and every member