ART. 67.] INSOLVENTS.

719

6. No person shall be released or discharged under this article
relating to insolvents who has conveyed, concealed, or disposed of
his property to defraud or delay his creditors, or prevent the same
from being applied to the payment of his debts, or who has within
one year of the time of filing his petition, by the conveyance or
assignment of his property, or debts or claims, or payment of
money, given" an undue and improper preference to any of his
creditors.

Id s 6
1854, c 193, s 6
Person guilty
of fraud not to
be discharged
11 Md 453, 13
Md 164 , 17 Md
345, 25 Md 231,
27 Md 317.

7. Any confession of judgment, and any conveyance or assign-
ment, made by any, insolvent under this article relating to insol-
vents for the purpose of defrauding his creditors or giving an undue
preference, shall be void, and the property or thing conveyed or as-
signed shall vest in the trustee, and all acts done by a petitioner
before his application, when he shall have had no reasonable expec-
tation of being exempted from liability to execution, on account of
his debts or responsibilities, without petitioning for the benefit of
the insolvent laws, shall be deemed to be within the meaning and

Id s 7
1854, c 193, s 7
Confession of
judgment or
assignment to
defraud credi-
tors by insolv-
ent, void
25 Md 231, 486 ,
40 Md 414

purview of this section.
8. Any judgment 01 decree confessed to give an undue prefer-
ence to any creditor, or for the purpose of defrauding any creditor,
shall be void and excluded in the distribution under this article re-
lating to insolvents.
9. Any creditor who shall collude with the insolvent to make his
claim appear larger than it justly is, shall forfeit his whole claim
for the benefit of the other creditors.
10. The estates of the insolvents shall be distributed under the
order of the court, according to the principles of equity, and no
creditor shall acquire a lien by fieri facias or attachment unless the
same be levied before the filing of the petition.

30 Md 235 , 32 Md 70, 225, 241 When creditor to acquire lien by levy

Id s 8
1854, c 193, s 8
Effect of judg-
ment or decree
confessed for
purpose of de-
frauding credi-
tor
25 Md 231
Id s 9
1851, c 193, s 9
Creditor collud-
ing with insolv-
ent to forfeit
claim.
Id s 10
1854, c 193, s 10.
Estate how to
be distributed
13 Md 371 , 22
Md 375 , 24 Md
11 , 26 Md 367 ,

11, The said courts, or the judge thereof in the recess, may re-
move any trustee for misconduct, or may, at discretion, discharge a
trustee who applies to be discharged.

Id s 11
1854, c 193, s 11
Trustees may
be removed

12. The said courts, or the judges thereof, shall prescribe the
penalty of the bond of the trustee, and approve the security therein,
and may order new surety to be given, and remove, on failure to com-
ply, and shall have the same power and control over trustees under
this article, relating to insolvents, which courts of equity have over
trustees appointed by decree to sell property.

Id s 12
1854, c 193, s 12
Trustee to give
bond
32 Md 225

13. No deed or conveyance to a trustee for the benefit of creditors
generally, shall be deemed fraudulent, or a fraudulent or undue pref-
erence, because of a condition requiring the creditors to release the
debtor, and depriving any creditor, who refuses to release, of all
benefit from property so conveyed in trust, but all such deeds of
trust are hereby declared to be valid, and shall not be set aside,
either at the suit of a trustee under this article, or at the suit of any
creditor.

Id s 13
1854, c 193, s 13
What deeds for
benefit of credi-
tors valid
13 Md 164 , 33
Md 598, 40 Md.
414