1748 ARTICLE 47.

and like remedies be fraudulent and void when made by a copartnership;
when limited partnerships are subject to insolvency proceedings, the sepa-
rate 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 surrender of all joint
and separate property, and where one partner has absconded, the remaining partner
cannot file petition in name of partnership. Second Natl. Bank v. Willing, 66 Md.
316.

This section apparently grew out of the decision in Cator v. Martin, 57 Md. 397.
And see Pinckney v. Lanahan, 62 Md. 454 (involving the adjudication of a surviv-
ing partner); Scruff v. Solomon, 57 Md. 581.

An. Code, sec. 29. 1904, sec. 29. 1888, 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 hearing; but when a copartnership is the sub-
ject 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.

An. Code, sec. 30. 1904, sec. 30. 1888, 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 preliminary 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 ad-
judication be suspended at the time by filing of an appeal bond as provided
under section 31 of this article); and the court which had so adjudicated
said insolvent may thereupon proceed to force the execution and delivery
by him of said schedule and list of debts, and the delivery of his said books,
of account and all other property to which his said preliminary trustee may
be entitled, by fine and imprisonment, as in other cases of contempt for
disobedience to or non-performance of its order; and in all cases where,
from any cause whatsoever, any person who has been of shall hereafter be