1730 ARTICLE 47.

Generally.

The bankrupt act does not repeal insolvent law, but merely suspends it. The
former, when enacted, is paramount and exclusive. The effect of the bankrupt act
and a discharge in bankruptcy upon a prior discharge in insolvency, both when the
bankrupt law has been suspended and when it remains in force. Where a debtor
has been discharged in insolvency, his then creditors have no right to prove their
claims in a subsequent bankruptcy proceeding. Lavender v. Gosnell, 43 Md. 158.

The insolvent's property being vested in the trustee, is no longer within the reach
of process. Insolvent Estate of Leiman, 32 Md. 240.

Upon the death of the trustee, the insolvent court must appoint another. Jamison
v. Chestnut, 8 Md. 39.

The failure of an insolvent to file his schedule does not rescind appointment of
trustee. A trustee's appointment will not be rescinded because he was counsel for
applicant and represented no creditors. Teackle v. Crosby, 14 Md. 21.

Counsel for trustee cannot be paid out of estate, unless his services are required in
prosecuting or defending interests of creditors. Nelson v. Pierson, 8 Md. 300.

A sale should not be set aside—though it may be suspended on terms—upon the
insolvent's petition to effect that he had misapprehended the nature of insolvency
proceedings, and could get all his creditors to consent to their dismissal. McHenry
v. McVeigh, 56 Md. 582.

What proof of insolvent trustee's right to sue is required? A general issue plea
does not admit the character in which plaintiff sues. Winchester v. Union Bank,
2 G. & J. 77.

The same proof of an insolvent trustee's right to sue is required as of the right
of an assignee in bankruptcy. Hall v. Sewell, 9 Gill, 153.

This section shows that this article has no application to married women. Relief
Bldg. Assn. v. Schmidt, 55 Md. 100 (decided prior to adoption of sec. 35).

For cases which seem to be now inapplicable to this section because of changes
in the law, see Relief Bldg. Assn. v. Schmidt, 55 Md. 100; Lavender v. Gosnell, 43
Md. 158 (involving the act of 1834, ch. 293, sec. 2); State v. Culler, 18 Md. 433;
Glenn v. Karthaus, 4 G. & J. 391; Glasgow v. Sands, 3 G. & J. 102; Brown v.
Brice, 2 H. & G. 27.

Cited but not construed in Goodwin v. Selby, 77 Md. 447; Becker v. Whitehill,
55 Md. 574.

As to property not mentioned in the schedule, see sec. 17.

As to interrogatories, see also secs. 4 and 21.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1888, ch. 411.

3. At any meeting of creditors held under the provisions of the pre-
ceding section, and at all other meetings of creditors provided for in this
article, a power of attorney in writing, signed by such creditor or creditors,
shall entitle the person named as attorney in such power of attorney to act
in behalf of such creditor or creditors at any or all meetings of creditors
mentioned in said power of attorney, and held under the provisions of this
article, as fully as such creditor or creditors signing the same might act
were he or they personally present at such meeting or meetings.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1854, ch. 193, sec. 3. 1880, ch. 172.

4. The said court, or one of the judges thereof, may at any time order
the insolvent to appear and answer such interrogatories and allegations as
his creditors, endorsers or sureties may propose or allege against him; and
shall order not less than one month's notice of the day so fixed upon to be
given by the permanent trustee to the creditors of the insolvent in such
manner as the court may by its rules or by special order direct.

The main provision and leading purpose of this section could have no application
to the case of a married woman. Relief Bldg. Assn. v. Schmidt, 55 Md. 99 (de-
cided prior to the adoption of sec. 35).
Cited but not construed in Goodwin v. Selby, 77 Md. 447.