2028 ARTICLE 47

full after payment of any preferences heretofore provided for by Section 15
of this Article.

An. Code, 1924, sec. 16. 1912, sec. 16. 1904, sec. 16. 1888, sec. 16. 1854, ch. 193, sec. 14.

1880, ch. 172.

18. If the notice to creditors hereby required shall not be given, or if
the insolvent shall fail to appear upon any occasion upon which his appear-
ance is required, the court may, in its discretion, fix another day and order
new notice.

For a case dealing with a prior insolvent law, but bearing upon this section, see Elder
v. Reaney, 13 Md. 240.

Cited but not construed in Baylies v. Ellicott, 9 Gill, 455.

An. Code, 1924, sec. 17. 1912, sec. 17. 1904. sec. 17. 1888, sec. 17. 1827, ch. 70, sec. 8.

1854, ch. 193, sec. 15.

19. Any property or debts not mentioned in the schedule of any insol-
vent may be taken under a fieri facias or attachment, at the suit of any
creditor, except such as may be exempted by law; but nothing in this sec-
tion shall be construed to impair the right and title of the trustee to such
property or claims as provided by this article, but shall only operate to give
the judgment creditor who shall discover such property or claims a pri-
ority, to be paid out of the proceeds thereof.

The first clause of this section means creditors who have obtained judgments prior
to the filing of the petition. Becker v. Whitehill, 55 Md. 574.

This section, in connection with secs. 1 and 2, makes it evident that all the in-
solvent's property whether mentioned in the schedule or not, save that excepted in sec. 1,
vests in the trustee. Zeigler v. King, 9 Md. 333.

While the creditor has a lien, it does not divest the trustee of his title or right of
possession. Waters v. Dashiell, 1 Md. 472.

This section protects creditor who has issued against property not included in
schedule, to the same extent as sec. 11 does those creditors who proceed prior to peti-
tion in insolvency. Manahan v. Sammon, 3 Md. 474.

For case drawing a distinction between rents which were and were not open to execu-
tion or attachment under this section, see Hupe y. Seibert, 4 Gill, 246.

Cited but not construed in Buckey v. Snouffer, 10 Md. 160 (dissenting opinion); Hall
v. McPherson, 3 Bl. 536.

As to property not mentioned in schedule vesting in trustee, see sec. 2.

An. Code, 1924, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18. 1854, ch. 193, sec. 16.

1880, ch. 172. 1894, ch. 93.

20. The clerks of the circuit courts may receive the petitions under this
article, and appoint the preliminary trustee mentioned in this article, and
approve his bond, as well as the bond of the permanent trustee; take
acknowledgments to the deeds to the preliminary and permanent trustees,
and fix the day or days for the insolvent to appear and answer interroga-
tories or allegations, and order notices to be given to the creditors under
such rules as the circuit courts may prescribe, and shall receive as com-
pensation one dollar; provided that no clerk shall in any case appoint the
preliminary trustee of any applicant for the benefit of the insolvent law
against whom there is pending at the time of his application a petition or
petitions filed by his creditors under section 25, but shall submit every such
application, together with all such petitions then pending against such
applicant, to one of the judges of the said courts for this action.

The clerk may approve bond in absence of rules of court. Gable v. Scott, 56 Md. 186.