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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2858   View pdf image (33K)
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2858 ARTICLE 75

cretion make a further order that any other examination or testimony be
taken by a commissioner or examiner designated therein.

Supplementary proceedings under Secs. 147-152; testimony failed to show concealment
of assets. Little v. Keithley (Judge Lawrence, Circuit Court for Harford Co.), Daily
Record, Sept. 27, 1939.

The fact that supplementary proceedings to locate property or credits of judgment
creditor are authorized by this section and secs. 148-152 does not deprive equity of
jurisdiction in such cases. Atlantic Lumber Co. v. Waxman, 162 Md. 191.

An. Code, 1924, sec. 148. 1912, sec. 139. 1904, sec. 137. 1890, ch. 558, sec. 87B.

1939, ch. 452, sec. 148.

148. If it shall appear upon proof, by affidavit or otherwise to the sat-
isfaction of the court, commissioner or examiner that any person or corpora-
tion has property of the judgment debtor or is indebted to him in a sum of
money, or has any knowledge or information tending to prove any conceal-
ment or fraudulent transfer or withholding of any assets belonging to the
judgment debtor, the judgment creditor shall be entitled to an order requir-
ing such person or any of the officers of such corporation to attend and be
examined as provided in the preceding section concerning the debt or other
property at a time and place specified in said order.

See notes to sec. 147.

An. Code, 1924, sec. 149. 1912, sec. 140. 1904, sec. 138. 1890, ch. 558, sec. 87C.

1939, ch. 452, sec. 149.

149. Upon an examination under either of the two preceding sections
such parties shall testify under oath, and shall not be excused from answer-
ing any questions on the ground that such examinations will tend to con-
nect such party with the commission of fraud, but such answers cannot be
used as evidence against said persons in any criminal action or proceeding
based upon such fraud, and it shall be within the discretion of the court,
examiner or commissioner to examine any of the witnesses, with the excep-
tion of the judgment debtor, out of the presence of one another.

An. Code, 1924, sec. 150. 1912, sec. 141. 1904, sec. 139. 1890, ch. 558, sec. 87D.

1939, ch. 452, sec. 150.

150. Under the proceedings provided in the three preceding sections
the court shall grant relief unto said judgment creditors by orders in the
nature of injunction, decree for specific performance, writ of mandamus,
or for the appointment of a receiver, and shall pass such orders as will
subject said property or credits of said judgment debtor, either in his own
hands or in the hands of any person or corporation, to the operation and
effect of the judgment, provided that a copy of such order or decree shall be
served upon said judgment debtor, person or corporation giving him or them
proper opportunity to be heard by the court passing or issuing such order
or decree, and in the event that said judgment debtor, person or corporation,
having been duly served and failing to answer or appear by the date pro-
vided in such order or decree, or if said judgment debtor, person or corpora-
tion shall be twice returned non est, such order or decree shall become final.1
See notes to sec. 147.

1 Sec. 2, ch. 452, 1939, reads as follows:

"SEC. 2. And be it further enacted, That; if any provision of this Act, or the ap-
plication thereof to any person or circumstance, is held invalid, the remainder of
the Act, and the application of such provision to other persons or circumstances,
shall not be affected thereby."


 

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The Annotated Code of the Public General Laws of Maryland, 1939
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