ART. 47] DEPARTURE FROM STATE——CONTEMPT OF COURT. 1229

of said copartnership, and the money and property thereof; all pay-
ments, conveyances and assignments and preferences declared fraudu-
lent and void by this article when made by a debtor shall in like man-
ner and to the like extent and like remedies be fraudulent and void
when made by a copartnership; when limited partnerships are subject
to insolvency proceedings, the separate estates and the separate debts of
the special partners shall not be subject to such proceedings.

The petition must be filed in the name of the partners; a proceeding in
the firm name alone (without the individuals who compose it), is unknown
in the law. The object and scope of this section—it contemplates a sur-
render of all the joint and separate property, and where one partner has
absconded, the remaining partner can not file the petition in the name of the
partnership. Second Natl. Bank v. Willing, 66 Md. 316.

This section apparently grew out of the decision in Gator v. Martin, 57
Md. 397. And see Plnckney v. Lanahan. 62 Md. 454 (involving the adjudica-
tion of a surviving partner); Schiff v. Solomon, 57 Md. 581.

As to transfers by limited co-partnerships and general and special partners
In contemplation of insolvency, see art. 73, sections 15 and 16; see also
art. 73. sec. 18.

1904, art. 47, sec. 29. 1888, art. 47, sec. 29. 1884. ch. 295, sec. 30.

29. Where a person proceeded against in insolvency shall depart
from or be absent from this State, or conceal himself to avoid service
of process, the court in which such proceedings are pending shall have
the same power to affect said persons, or their estates as is now given
in suits in chancery against non-residents, or against persons who may
be proceeded against as non-residents, except that the insolvent court
shall fix the time of notice by publication, in its discretion; and where
personal service has been made upon a party outside the State, it shall
have like discretion in setting said petitions or other matters for hear-
ing; but when a copartnership is the subject of such proceedings, and
a member of the firm is absent or returned non est, such proceedings
shall be stayed only as to the separate estate and separate debts of such
member.

Ibid. sec. 30. 1888, art. 47, sec. 30. 1884, ch. 295, sec. 31.

30. Any person who has been or shall hereafter be adjudicated an
insolvent under the provisions of section 23 of this article, and who,
having actual notice of such adjudication, shall not, within five days
after such notice, execute and deliver to his preliminary trustee the
schedule and list of debts, verified by his affidavit, as required by said
section, or who shall destroy, mutilate or conceal his books of account,
or any of them, or shall fail or refuse to deliver up to his said prelimi-
nary trustee within the time aforesaid the same or any other property
then being in his custody or possession or under his control, to the
possession of which said preliminary trustee shall be entitled under
and by virtue of the adjudication aforesaid, shall be deemed to be in
contempt of court for disobedience by reason of such failure to execute
and deliver such schedule, or failure to deliver such books of account
or other property (unless the execution of said order of adjudication
be suspended at the time by filing of an appeal bond as provided under