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Session Laws, 1896 Session
Volume 475, Page 764   View pdf image (33K)
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764

LAWS OF MARYLAND.

article, an insolvent; provided, that nothing in this section shall
apply so as to set aside or render invalid the lien of any such
judgments, mortgage or other conveyance executed by the
debtor for money bona fide loaned or paid at the time of the
creation of such judgments, mortgage or conveyance, but such
shall remain a valid and subsisting lien, although the debtor
may be proceeded against or may apply for the benefit of this
act.

What deemed
acts of insol-
vency.

22. Any person who shall depart from or remain absent from
this State with intent to hinder, delay or defraud his creditors,
or conceal himself to avoid service upon him in any action for
the recovery of a debt; and any person who conceals or removes
any of his property to prevent the same from being taken under
legal process, or makes an assignment, gift, sale, conveyance or
transfer of all or part of his estate or property with the intent
to delay, hinder or defraud his creditors; or who, when insol-
vent or in contemplation of insolvency, executes a deed or con-
veyance giving preferences, creates a lien making any unlawful
preferences as therein stated, or otherwise gives such preference ;
or when insolvent or in contemplation of insolvency, confesses
any judgment or allows any judgment to be entered against
him by any contrivance, or being a banker, broker, merchant,
trader, builder or manufacturer, stops payment of his negotia-
ble paper fraudulently, or suspends payment thereof and fails
tp resume the same within twenty days; or being a banker or
broker shall fail for twenty days to pay any depositor on demand
lawfully made, shall be deemed to have committed an act or
acts of insolvency, as the case may be; provided, the petition
mentioned in the next succeeding section is filed within four
months after the act of insolvency is committed.

Burden of
proof upon
grantor and
grantee.

24. If any deed, conveyance, assignment, gift, transfer or
delivery be made of any goods, chattels, moneys, choses in action,
lands, tenements or other property, or lien created thereon when
the grantor or person creating the same is insolvent or in con-
templation of insolvency, the same shall be prima facie intended
to hinder, delay and defraud the creditors of the person by
whom the same is made, and the burden of proof shall rest
upon him and the grantee to explain the same and show the
bona fides thereof; provided, the creditors of the grantor in
such deeds, conveyances or assignments shall avail themselves
of the provisions of this article.

Effective.

SEC. 2. And be it enacted, That this act shall take effect
from the date of its passage.
Approved April 4, 1896.



 
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Session Laws, 1896 Session
Volume 475, Page 764   View pdf image (33K)
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