INSOLVENTS. 1747

If before a final discharge an insolvent when sued fails to plead the pendency
of insolvent 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 cannot be inquired into collaterally or
incidentally, if the court had jurisdiction. The discharge need not show on its face
that the insolvent statutes we're 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. 28, sub-sec. 55, et seq.

An. Code, sec. 28. 1904, sec. 28. 1888, 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 prelimi-
nary and permanent trustees, except such parts as are hereinbefore ex-
cepted ; the creditors of the firm, and of the respective partners, may prove
their respective debts; the permanent trustee shall be chosen by the copart-
nership creditors; he shall keep separate accounts of the joint stock or prop-
erty of the copartnership, and of the separate estate of each member thereof;
and after deducting out of the whole amount received by the permanent
trustee the whole of the expenses and disbursements, the net proceeds of
the joint stock shall be appropriated to pay the creditors of the copart-
nership, 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 appropriated to and
divided among the separate estates of the several partners 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 pro-
ceedings 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 conducted 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
furnishing schedules or inventories, executing papers, submitting to exam-
inations, 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 of said co-
partnership, and the money and property thereof; all payments, convey-
ances and assignments and preferences declared fraudulent and void by this
article when made by a debtor shall in like manner and to the like extent