718

INSOLVENTS. [ART. 67.

relief, to what
court and how
made
6 Md 308 , 14
Md 14 , 25 Md
231 , 27 Md 288,
306 , 30 Md 128 ,
32 Md 1, 225, 40
Md 401

Court of Common Pleas, if the insolvent resides in the city of
Baltimore, stating that he is insolvent and offering to deliver up,
for the benefit of his creditors, all his property, real and personal,
and exhibiting therewith a schedule of his property and a list of
the debts due from and owing to him, with the names of his debtors
and creditors, all verified by affidavit, and shall annex to his petition
an affidavit that he will deliver up and convey to such trustee as the
court may appoint, for the benefit of his creditors, all the property,
estate, rights, and claims of every description, to which he is in any
manner entitled, the necessary wearing apparel and bedding of him-
self and family, or such property as may by law be exempted from
execution excepted, and that he has not at any time sold, lessened,
transferred, or disposed of any part of his property for the use or
benefit of any person, or intrusted any part of his money, or other
property, debts, rights, or claims, thereby to delaj' or defraud his
creditors, or any of them, or to secure the same, so as to receive, or
expect to receive, any profit, benefit, or advantage himself there-

Time

from; provided, that the said applicant has at no time within two
years previous to his said application been discharged under any
insolvent law of this State

Id s 2
1854, c 193, s 2
Court to appoint
trustees
9 Md 331 , 14
Md 14 , 15 Md
545, 26 Md 868,
30 Md 262 , 32
Md 532.

2. The court shall then appoint a trustee for the benefit of the
creditors, who shall give bond to the State, with surety for the
faithful discharge of his trust, and the insolvent shall convey to
such trustee all his property and estate of every description, and
upon the approval of such bond, all the property of every descrip-

Petitioner to
convey to
trustee

tion, rights, and claims of the insolvent, as well such as are enu-
merated and described in his schedule, as the property, rights and
claims which are not so enumerated and described, shall vest in the
said trustee, except as before excepted.

Id s 3
1854, c 193, s 3
Court to fix day
for insolvent to
answer inter-
rogatories

Notice

3. The said court shall then fix a day for the insolvent to appear
and answer such interrogatories or allegations as his creditors,
indorsers, or sureties may propose or allege against him, and shall
order not less than three months' notice of said day to be given
by such insolvent to his creditors in such manner as the court may
direct

Id s 4
1854, c 193, s 4
When to be
discharged
22 Md 373 , 29
Md 194 , 32 Md
267 , 34 Md 280

4. If the creditors, indorsers, or sureties shall fail to make any
allegations or propose any interrogatories, or if the same shall be
answered satisfactorily or determined in favor of the insolvent, the
court shall discharge the insolvent from all debts and contracts
made before the filing of his petition, and he shall be released from

Effect of dis-
charge

all such debts and contracts, and such discharge and release shall
embrace all cases where he is indorser or surety, and he shall not be
liable to pay any joint contractor, surety, or indorser who may pay
any debt or perform any contract after the filing of his petition,
which was entered into before the filing of such petition.

Id s 5
1854, c 193, s 5
Discharge of in-
solvent not to
release indorser
or security

5. The discharge of any person under this article relating to
insolvents is not to release any other person who may be liable as
indorser, surety or otherwisc.