ART. 47] CONTEMPT FOB DISOBEDIENCE—PROCEDURE. 1319

of such proceedings, and a member of the firm is absent or
returned non est, such proceedings shall be stayed only as to
the separate estate and separate debts of such member.

1888, art. 47, sec. 30. 1884, ch. 295, sec, 31.

30. Any person who has been or shall hereafter be adjudi-
cated an insolvent under the provisions of section 23 of this
article, and who, having actual notice of such adjudication,
shall not, within five days after such notice, execute and deliver
to his preliminary trustee the schedule and list of debts, veri-
fied by his affidavit, as required by said section, or who shall
destroy, mutilate or conceal his books of account, or any of
them, or shall fail or refuse to deliver up to his said prelimi-
nary trustee within the time aforesaid the same or any other
property then being in his custody or possession or under his
control, to the possession of which said preliminary trustee
shall be entitled under and by virtue of the adjudication afore-
said, shall be deemed to be in contempt of court for disobe-
dience by reason of such failure to execute and deliver such
schedule, or failure to deliver such books of account or other
property (unless the execution of said order of adjudication
be suspended at the time by filing of an appeal bond as pro-
vided under section 31 of this article); and the court which
had so adjudicated said insolvent may thereupon proceed to
force the execution and delivery by him of said schedule and
list of debts, and the delivery of his said books of account
and all other property to which his said preliminary trustee
may be entitled, by fine and imprisonment, as in other cases
of contempt for disobedience to or non-performance of its
order; and in all cases where, from any cause whatsoever, any
person who has been or shall hereafter be adjudicated an insol-
vent under this article shall not have executed and delivered
such schedule and list of debts within ten days after his adju-
dication, it shall be the duty of his preliminary trustee to
make out a list of his creditors from the best information he
can obtain, and to file the same with the clerk of the court by
which the said insolvent was adjudicated; and said trustee
shall be at liberty to amend said list from time to time; and
all notices addressed to each of the creditors mentioned in
said list shall have the same force and validity for all purposes
whatsoever as if said list of creditors had been prepared and
returned by the insolvent himself, along with his schedule and
list of debts, and verified by his affidavit, as required by the
provisions of this article.

Cochrane v. Bridendolph, 72 Md. 275.