ART. 47]0 PREFERRED CLAIMS——POWERS OF CLERKS. 1311

be adjudicated insolvent upon his, her or its petition, or upon
the petition of any creditor or creditors, or shall have his, her
or its property or estate taken possession of by a receiver
under a decree of a court of equity, in the distribution of the
property or estate of such person or body corporate, all the
money due and owing from such person or body corporate for
wages or salaries to clerks, servants, salesmen or employes
contracted not more than three months anterior to the execution
of such assignment, adjudication of insolvency, or appointment
of receiver, shall first be paid in full out of such property or
estate, after payment of the proper and legitimate costs,
expenses, taxes and commissions, and shall be preferred to all
claims against the property and estate of such insolvent person
or body corporate, except the lien claims of such persons as
shall hold liens upon such property or estate, recorded at least
three months prior to such assignment, adjudication or decree.
Ellicott Machine Co. v. Speed, 72 Md. 24. Lewis v. Fisher, 80 Md. 140
Casualty Ins. Co.'s Case, 82 Md. 567. Roberts v. Edie, 85 Md. 183. Hess
v. Jewell, 85 Md. 236. Parlett v. Dugan, 85 Md. 410.

1888, art 47, sec. 16. 1860, art. 48, sec. 14. 1854, ch 193, sec. 14.
1880, ch. 172.

16. If the notice to creditors hereby required shall not be
given, or if the insolvent shall fail to appear upon any occa-
sion upon which his appearance is required, the court may, in
its discretion, fix another day and order new notice.

Ibid. sec. 17. 1860, art. 48, sec. 15. 1827, ch. 70, sec. 8.
1854, ch. 193, sec. 15.

17. 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 article, but shall only operate to give the
judgment creditor who shall discover such property or claims
a priority, to be paid out of the proceeds thereof.

Hupe v. Seibert, 4 Gill, 240. Waters v. Dashiell, 1 Md. 472. Manahan
v. Sammon, 3 Md 463. Becker v Whitehill, 55 Md. 572.

Ibid. sec. 18. 1860, art. 48, sec. 16. 1854, ch. 193, sec. 16. 1880, ch. 172.

1894, ch. 93.

18. The clerks of the circuit courts may receive the peti-
tions under this article, and appoint the preliminary trustee
mentioned inthis article, and approve his bond, as well as