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Session Laws, 1827 Session
Volume 474, Page 62   View pdf image (33K)
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1827

LAWS OF MARYLAND,

CHAP 70,

and mixed, of the said applicant or applicants, to be convey-
ed to him as aforesaid, whether the application of said peti-
tioning debtor or debtors, be prosecuted to a final hearing or
not, and the proceeds of said sale to distribute amongst the
creditors of the said applicant or applicant, agreeably to the
provisions of the seventh section of the act, to which this is
a further additional supplement, after deducting therefrom the
commissions to be allowed him, as is likewise prescribed in
the tenth section of the said original act

Convey title

Sec, 4. And be it enacted, That said trustee shall have au-
thority to convey and assure to any purchaser or purchasers,
and to his, her, or their heirs, any estate, real, personal or
mixed, which he may sell to him, her or them, agreeably to
the provisions of this act.

Trustees bond lia-
ble for default

SEC, 5. And be it enacted, That upon the failure of any
trustee, (to be appointed agreeably to the provisions of this
actj duly to discharge his trust, his bond may be put in suit at
the instance, and for the use of an^ creditor or creditors of
the petitioning debtor, or other person or persons interested in
the faithful execution thereof; and every such case a copy of
the bond of said trustee, under the hand and seal of the clerk
of the court, to which the application of said insolvent may
be returnable, shall be taken and received in evidence, as ful-
ly as if the original bond were produced.

Final discharge in
case no interroga-
tories are filed

SEC. 6. And be it enacted, That if at the time of the final
hearing of his or their application in the county court, to which
his or their petition may be returnable, no interrogatories or
allegations shall be filed, or if filed, shall have been satisfac-
torily answered, or decided in favor of such applicant or ap-
plicants, that then it shall be the duty of the said coutt to ex-
tend to the said applicant or applicants, a final discharge,
without the assent of any of his or their creditors.

Volantary confes-
sion of judgment
declared an undue
preference

SEC. 7. And be it enacted, That the voluntary confession
of aiiy judgment, in favor of any creditor or creditors, secu-
rity or securities, made by any person or persons, with a
view, or under an expectation of being or becoming an insol-
vent debtor, shall be, and the same is hereby declared to be,
an undue and improper preference to such creditor or credi-
tors, security or securities, within the true intent and meaning
of the ninth section of the act, to which this is a further addi-
tional supplement.

Property not re-
turned subject to
execution

SEC. 8. And be it enacted^ That all the property of the peti-
tioner, real, personal and mixed, not mentioned and included
in his schedule? be subject to execution and attachment, in the
same manner his property was subjected prior to the time of
his petitioning for the benefit of the insolvent laws of this
state.

Acts inconsistent
herewih repealed
Baltimore city and
county exempt

SEC. 9. And be it enacted, That all such acts, and parts of
acts of Assembly, as may be inconsistent with the provisions
of this act, be and the same are hereby repealed: Provided,
that nothing in this act contained, shall be construed to ex-
tend to the city and county of Baltimore,



 
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Session Laws, 1827 Session
Volume 474, Page 62   View pdf image (33K)
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