2036 ARTICLE 47

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 33 of this article) ; and the court which has 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 or shall hereafter be
adjudicated an insolvent under this article shall not have executed and
delivered such schedule and list of debts within ten days after his adjudi-
cation, it shall be the duty of his preliminary trustee to make out a list of
his creditors from the best information he can obtain, and to file the same
with the clerk of the court by which the said insolvent was adjudicated; and
said trustee shall be at liberty to amend said list from time to time; and all
notices addressed to each of the creditors mentioned in said list shall have
the same force and validity for all purposes whatsoever as if said list of
creditors had been prepared and returned by the insolvent himself, along
with his schedule and list of debts, and verified by his affidavit, as required

by the provisions of this article.

Neither creditors nor the insolvent trustee can make a bargain with the insolvent
which relieves him from the duty of surrendering all his property. Action of the
insolvent court held not to amount to approval of such bargain. Cochrane v.
Bridendolph, 72 Md. 280.

An. Code, 1924, sec. 31. 1912, sec. 31. 1904, sec. 31. 1888, sec. 31. 1854, ch. 193, sec. 20.

1865, ch. 91.

33. Any person interested may appeal from the decision of the court
on any question under this article, provided such appeal be entered within
thirty days and a certified copy of the record be transmitted to the court of
appeals within sixty days from the date of the decision appealed from, but
the execution or effect of any judgment, decree, decision or order appealed
from shall not be suspended or stayed unless a bond shall be given in such
penalty and condition and with such security as the court may prescribe
and approve.

When an appeal lies.

A trustee may appeal from decisions affecting the interests of all the creditors by
diminishing the estate, or where he is defeated in attempts to augment the estate.
Salmon v. Pierson, 8 Md. 298.

A trustee may appeal from an order rescinding his appointment and from an order
injuriously affecting his commissions. Teackle v. Crosby, 14 Md. 24; White v. Malcolm,
15 Md. 541; Salmon v. Pierson, 8 Md. 299.

An appeal lies from an order removing a trustee and dismissing the petition in
insolvency. Van Nostrand v. Carr, 30 Md. 131.

A trustee may appeal from an order setting aside a sale and suspending a further
sale for one month. McHenry v. McVeigh, 56 Md. 583.