720

INSOLVENTS. [ART. 67.

Id s 14
1834, c 193,8 14.
On failure to
give notice,
court may order
new notice.

Id s 15
1827, c 70, s 8
1854, c 193, s 15
Property not
mentioned in
schedule subject
to execution
1 Md 472 , 24
Md 4, 29 Md
221

14. If any insolvent shall fail to give the notice to his creditors
herein required, or shall fail to appear, the court may fix another
day, and order new notice, in its discretion.
15. Any property or debts not mentioned in the schedule of any
insolvent, may be taken under a fieri facias or attachment, at the
suit of any creditor, except such as may be exempted by law; but
nothing in this section shall be construed to impair the right and
title of the trustee to such property or claims as provided by this ar-
ticle, relating to insolvents, but shall only operate to give the judg-
ment creditor who shall discover such property, or claims, a priority
to be paid out of the proceeds thereof.

Id a 16
1854, c 193,s 16
How far clerks
of courts may
act in recess of
court

16. The clerks of the Circuit Courts may receive the petitions
under this article, relating to insolvents, and appoint a trustee for
the benefit of the creditors, take and approve his bond, and take
the acknowledgment of the deed to the trustee, and fix a day for the
insolvent to appear and answer interrogatories or allegations, and
order notice to be given to the creditors, under such rules as the Cir-
cuit Court may prescribe, and shall receive, as compensation, one
dollar.

Id s 17
1854, c 193, s 17
Court of Com-
mon Fleas may
appoint a com-
missioner

17. The Court of Common Pleas may appoint a commissioner
who shall have the power vested in the clerks by the preceding sec-
tion, and shall also receive the answers of insolvents to interroga-
tories, and report on such interrogatories and answers to the court,
and shall receive such compensation as said court may prescribe,
to be paid by the parties applying for the benefit of this article, re-
lating to insolvents, and shall not be less than two dollars, nor more

Pay and duties

than five dollars to each applicant, and all sums of money received
from such applicant, by the said commissioner, beyond the aggie-
gate of twelve hundred dollars per annum, shall be paid into the
treasury of the State.

Id s 18
1854, c 193, s 18
Trustees' com-
missions
Id s 19
1851, c 193,s 19
Creditor may
examine orally
25 Md 231.

18. The commissions allowed trustees are not to exceed eight
per centum.
19. Any creditor may examine orally an insolvent, or any one to
whom he has conveyed property, or may have an issue made and
tried by a jury, and any creditor may file allegations of fraud at any
time within two years after the time of the final discharge of an in-

May have issues
tried

Issues found
against insolv-
ent, discharge
to be annulled

solvent, and have issues made thereon and tried by a jury, and if
such issues be found against the insolvent, his discharge and re-
lease shall be annulled and rescinded, and in any case of objection
to the release of an insolvent, whether by interrogatories or other-
wise, the party against whom the decision is made shall pay costs,
as in other cases.

Art 48, c 21.
1830, c 145,
1854, c 193, s 21
Not to apply to
fines and for-
feitures

20. This article, relating to insolvents, is not to apply to fines
and forfeitures for violating the laws of this State, or the ordinances
of any municipal corporation, but any person imprisoned for thirty
days for not paying a tine or forfeiture not exceeding fifty dollars,
or for sixty days when the fine exceeds fifty dollars, may petition
and be released from such fines as if they were common debts.