JOHN 'FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1802.

may require : " I, A. B. do swear, or solemnly, sincerely and truly dectare 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 ctaim any title to or interest in, at this time, and all debts, rights
" and ctaims, 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, di-
" rectly 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 property, debts, rights or
" ctaims, thereby to defraud my creditors, or any of them, or to secure the same to receive or ex-
" pect 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 attornies, 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.

CHAP.

XCVII...

III. AND BE IT ENACTED, That no, person herein before mentioned shall be entitled to the bene-
fit 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 a61; provided, that
if the creditors who shall have due to them the amount of two thirds of the debts due by such debt-
or at the time of the passage of this act, shall at any time before the debtor obtains the final relief
of this act, express in writing to the chancellor their dissent to the said debtor obtaining such relief,
then such debtor shall not obtain the same; and provided also, that the chancellor may, notwith-
standing the dissent of the creditors as aforesaid, from time to time order to be discharged from
custody any of the said petitioners who may be in actual confinement in virtue of any process is-
sued, or that may be issued, in pursuance of any debt at this time due and owing, which discharge
is hereby dectared to be a release only of the person of such debtor, but not of his property.

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 regis-
ter, shall be good evidence in any court of law or equity of this state; and if any trustee appointed
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 misbehaviour, the chan-
cellor 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 ta
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 ail his property, real, personal and mixed,
and all debts, rights and ctaims, 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 possession, and of his
books, papers, and evidence of debts of every kind, and the said trustee's certifying 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, contracts promises and agreements, due from, or owing or
contrasted by him, before the date of the said deed, and by virtue of such order the said debtor
shall be discharged as aforesaid; provided, that no person who has been guilty of a breach of the
law, and bath been fined, or is liable to be fined for such breach, shall be discharged from the pay-
ment of any fine incurred for any breach of the laws of this state; and provided, that any property
which he shall thereafter acquire by gift, descent, or in his own right by bequest, devise, or in any
course of distribution, shall be liable to the payment of the said debts; and provided also, that the
discharge of such debtor shall not operate so as to. discharge any other person from any debt.

On executing &
deed, deb for to
be discharged,
&c.

VI. AND BE IT ENACTED, That the chancellor may allow such petitioning debtor to retain the
necessary wearing apparel and bedding of himself and family.

May retain his
apparel.

VII. AND BE IT ENACTED, That the chancellor may direct any trustee to be appointed by virtue
of this act to sell and convey the property conveyed to him by the petitioning debtor, at such time,
and on such terms and conditions, ais he shall think most for the advantage of the creditors, and the
produce thereof, after satisfying all incumbrances and liens, shall be divided among the said credi-
tors, agreeable to their several and respective claims, but no judgment to be entered after the passage
of

Trustee may be
directed to sell,

&c