562 ARTICLE 16

disposition of his, her, their or its assets both before and after the time of
assumption of jurisdiction by the Court. The commissioner or examiner
shall cause written notice to be sent to all the creditors of said person, firm
or corporation at least ten days prior to the date of said examination.
The commissioner or examiner may adjourn said hearing from .time to
time as he may think proper, and at any stage of the proceedings in said
cause the Court may, in its discretion, make a further order that any other
examination or testimony be taken by a commissioner or examiner desig-
nated therein. Said commissioner or examiner, when acting 'under this
section, shall in addition have all the powers and duties imposed upon
examiners by Section 281 of this Article, and any amendments thereto.
After the hearing has been concluded, the commissioner or examiner shall
put together the original depositions, with all vouchers, documents or other
papers filed with him as evidence, in proper order and form, shall authen-
ticate the same by his certificate and signature, and shall return the same,
with- the titling of the cause endorsed thereon, to the Clerk of the Court,
without delay. He shall also return properly authenticated all other
exhibits filed with him as evidence. At the hearing the person examined
shall be required to answer all questions relative to property of any kind
which he, his firm or corporation, has acquired, possessed, owned, and
disposed of within the period of three years immediately preceding the
assumption of jurisdiction of the cause; provided, that said person shall
not be required to answer questions which may incriminate him.

Fraudulent Conveyances.

An. Code, 1924, sec. 48. 1912, sec. 47. 1904, sec. 46. 1888, sec.^: 46. 1835, ch. 380, sec. 2.

1898, ch. 254.

52. In no case of a proceeding in equity to vacate any conveyance or
contract, or other act, as fraudulent against creditors, shall it be necessary
for any creditor or plaintiff in the cause to have obtained a judgment at
law on his demand, in order to the relief sought in the case, either in his
own behalf or in the behalf of any other creditors who shall claim to par-
ticipate in the benefit of the decree in the case; but when the debt of such
plaintiff shall not be admitted by the pleadings in the case on the part of
the defendant interested in contesting the same, the court shall, on appli-
cation of any of the parties, send to any court of law an issue for determin-
ing the fact of such indebtedness, subject to the rules usually applied to
issues out of chancery; provided this section shall.not apply to any case
pending in court in this State on April 7, 1898.¹

Application of this section.

This section has no application where the thing complained of has not been executed,
but rests merely in contemplation or intention. Balls v. Balls, 69 Md. 389; Frederick
Bank v. Shafer, 87 Md. 57; Hubbard v. Hubbard, 14 Md. 360; Uhl v. Dillon, 10 Md. 503;
Lipskey v. Voloshen, 155 Md. 143.

This section applies only in equity, and does not remove the disability of a non-
judgment creditor at law. Wanamaker v. Bowes, 36 Md. 56.

This section only removes the disability ofi non-judgment creditors in case of a
fraudulent conveyance, but leaves the law in other cases wholly unaffected. Morton v.
Grafflin, 68 Md. 563.

This sectibn applied. Flack v. Charron, 29 Md. 323; Sanderson v. Stockdale, 11 Md.
573; Wylie v. Basil, 4 Md. Ch. 329.

This section has no application to a bill to restrain a mortgage sale. Application of this
section. Fraud hot made out. Kisney v. Drury, 141 Md. 690.

¹ No attempt is here made to collect or annotate cases involving fraudulent con-
veyances apart from the particular application of this section—see Md. Digest. See
also note to Swan v. Dent, 2 Md. Ch. 111.