1829.
LAWS OF MARYLAND.
CHAP. 202.
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said petitioner, the said Commissioners reported to
Baltimore
county court unfavorably upon said petition, for the reasons
in said report set forth; that having been denied the benefit of
said laws, and having been taken in execution at the suit of one of
his creditors, said memorialist is now confined in the public
jail of Baltimore county; and whereas, it has been represented
by the said memorialist, that if opportunity were afforded
him to examine testimony in explanation of the transactions
upon which the judgment of the said Commissioners was
founded, he would be enabled to negative the frauds imputed
to him and whereas, by the existing law, there is no right of
appeal reserved to the petitioning debtor, and it is reasonable
and just that the conduct of the said memorialist should be
subjected to the examination of a jury of the county, therefore,
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Discharge on giving
bond.
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Section 1. Be it enacted by
the General Assembly of Maryland,
That Baltimore county court, or any one of the judges
thereof, in the recess of the said court, be, and they are hereby
authorised and empowered to discharge the said Ely Balderston
from imprisonment, upon the said Ely Balderston giving
bond with security, to be approved by said court, or a
judge thereof, in double the amount of his debts, appearing
due by his schedule, to appear before Baltimore county court,
at the term of said court next ensuing the date of said bond,
to answer such allegations as may be filed against him by any
of his creditors, who were such at the time of his original
application to the commissioners aforesaid; said bond to be
filed in Baltimore county court, and copy of the same, under
the seal of said court, shall be as good evidence in any suit
in any court of law or equity in this state, as the original
would be if produced and proved.
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Trial granted.
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Sec. 2. And be it enacted,
That, upon any allegations which
shall be filed by any of the creditors of the said Ely Balderston,
it shall be the duty of said court to frame an issue or issues
in a summary way, and without the form of an action, to
be tried by a jury; and upon said trial and allegations, the
same proceedings shall be had, as are now authorised in cases
where the report of the Commissioners of Insolvent Debtors,
upon the application of a petitioning debtor is favorable to the
discharge of such debtor.
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Judgment.
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Sec. 3. And be it enacted,
That if upon the trial of such issue
or issues, the jury shall find that the said Ely Balderston,
before the time of his application to the commissioners for
the benefit of the insolvent laws, as aforesaid, had been guilty
of any fraud, or other act, which in the contemplation of
the insolvent laws of this state is sufficient to debar him from
the benefit of said laws, that then the said Ely Balderston
shall be forever debarred of and from all benefit of said laws,
otherwise, that the said Ely Balderston shall be discharged
agreeably to the provisions of said laws.
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