JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1801.

II. BE IT ENACTED, by the General Assembly of Maryland,That on application of either of the
said debtors to the chancellor, by petition in writing, offering to deliver to the use of his creditors
all his property, real, personal or mixed, (the necessary wearing apparel and bedding of himself
and his family excepted,) to which he is in any way entitled, a schedule whereof, (on oath or affir-
mation, as the case may require,) together with a list of the creditors of the person so applying, on
oath or affirmation, as far as he can ascertain them, shall be annexed to or accompany such peti-
tion, the chancellor shall direct personal notice of such application to be given to the creditors,
or to as many of them as can be served therewith, or their agent or attornies, or direct notice of;
such application to be advertised in the roost public places of the county where the said debtor re-
sides, or to be inserted in some news-paper for such time as he may think proper, and on the ap-
pearance of the said creditor, or neglect to appear; on notice, at the time or times and place ap-
pointed, the chancellor shall administer, to the petitioning debtor the following oath or affirmation,
as the case may require : " I, A. B. do swear, or solemnly, sincerely and truly declare and affirm,
" that I will deliver up, convey and transfer, to my creditors, in such manner as the chancellor
" shall direct, all my property that I have, or claim any title to or interest in, at this time, and
" all.debts, rights and claims, which I have, or am- any way entitled to, in possession, remainder
" or reversion, (the necessary wearing apparel and, bedding of myself and family excepted,) and
" that I have not, directly or indirectly, at any time, sold, conveyed, lessened or disposed of, for
" the use or benefit of any person or persons, or intrusted, any part of my monies, or other pro-
" perty, debts, rights or claims, thereby, to defraud my creditors, or any of them, or to secure
" the same to receive or expect any profits, benefits or advantages, thereby;" and the chancellor
shall thereupon name such person as a majority of the creditors in value, their agents or attor-
nies, shall recommend, to be a trustee for the benefit of the creditors of the petitioning debtor,
or in case of the non-attendance of the creditors, or of their not making a recommendation, the
chancellor shall name such person as he shall think proper, to, be a trustee as aforesaid.

C H A P.

CVIII.
Chancellor, on
application, to
direct notice,

&c.

III, AND BE IT ENACTED, That no person herein before mentioned shall be entitled to the
benefit of this act, unless the chancellor shall be satisfied, by competent testimony, that he has
resided the two preceding years within the state of Maryland prior to the passage of this act, and
unless at the time of presenting his petition as aforesaid, he shall produce to the chancellor the
assent in writing of so many of his creditors as have due to them the amount of two thirds of the
debts due by him at the time of the passing of this act ; provided, that foreign creditors; not re-
siding in the United States, and not having agents or attornies residing therein, duly empowered
to act in their behalf, and the executors and administrators of deceased creditors, shall not be con-
sidered within the intent and meaning of this clause ; and provided also, that the chancellor may,
without the assent of the creditors as aforesaid, from time to time order to be discharged from cus-
tody any of the said petitioners who may be in actual confinement in virtue of any process issued,
or that may be issued, in pursuance of any debt at. this time due and owing, which discharge is
hereby declared to be a release only of the person of such debtor, but not of his property, unless
the assent in writing of two thirds in. value of the creditors aforesaid be obtained,

No person to
be entitled but,
a citizen, &c

IV. AND BE IT ENACTED, That before such, trustee proceed to act, he shall give bond for the
faithful performance of his duty , to such person, in trust for the creditors of said petitioning
debtor, and in such penalty, as the chancellor shall direct, which shall be recorded in the. office of
the register of the court of chancery, and a copy thereof, certified under the hand of the said re-
gister, shall be good evidence in any court of law or equity of this state; and if any trustee ap-
pointed by virtue of this act shall, refuse to act, or die, or neglect to give bond as aforesaid in a
reasonable time, to be judged of by the chancellor, or be removed by the chancellor for misbeha-
viour, the chancellor shall appoint such other person as he shall think proper in his place, who
shall give bond as aforesaid, and on giving such bond, (in case the said debtor had conveyed his
property to the former trustee,) he shall immediately be vested with all the property of every
kind, and all the debts, rights and credits, of the said debtor, as completely as the former trustee
was vested with the same.

Trustee to
give bond, &c

V. AND BE -IT ENACTED, That upon the said petitioning debtor's executing and acknowledging
a deed to the trustee to be appointed as aforesaid, conveying all his property, real, personal and
mixed, and all debts, rights and claims, agreeable to the oath or affirmation of such debtor as
aforesaid, and on his delivery to the said trustee all his said property which he shall have in pos-
session, and of his books, papers and evidence of debts of every kind, and the said trustees certi-
fying the same in writing to the chancellor, it shall be lawful for the chancellor to order that the
said debtor shall be discharged from all debts, covenants, contrails, promises and agreements, due

from.

On executing a
deed, debtor to
be discharged,
&c.