1802.

NOVEMBER. LAWS OF MARYLAND.

CHAP.
XCVII.

of this act: against any of the said debtors who shall take advantage of this act, shall be a lien or
his real property, nor shall any process against his real or personal property have any effect therein,
except writs of fieri facias actually and bond fide laid before the passing of this act.

And may sue,

&c.

VIII. AND BE IT ENACTED, That any trustee may sue for, in his own name, and recover, any
property or debt assigned to him by any debtor in virtue of this act.

When fraud is
alleged, debtor
may be exa-
mined, &c,

IX. AND BE IT ENACTED, That if any creditor, on the application of any such debtor to the
chancellor or within two years thereafter, shall allege in writing to the chancellor, that such debtor
hath directly or indirectly sold, conveyed, lessened, or otherwise disposed of, or purchased in trust
for himself, or any of his family or relations, or any person or persons, intrusted or concealed, any
part of his property of any kind, or any part of his debts, rights or ctaims, thereby to deceive or
defraud his creditors, or any of them, or to secure the same, or to receive or expert any profit or
advantage thereby, or that he has passed bonds, or other evidences of debts, either without consi-
deration, or on improper consideration, or lost more than one hundred pounds current money by
gaming at any one time, or hath assigned or conveyed any of his property with intent to give an
undue and improper preference to any creditor or creditors, or security, within two years before the
passage of this act, the said chancellor may thereupon, at the election of the creditor making such
allegation, either examine the said debtor, and any person or persons to whom he may have made
any conveyance of his property, or passed bonds or evidences of debts as aforesaid, on interroga-
lories, (of which interrogatories the person or persons answering the same shall, at the election of
the person or persons making the allegation, be furnished with a copy or copies,) on oath or affir-
mation, touching the subject of the said allegations, or direct an issue or issues in a summary way,
without the form of an action, to determine the truth of the same, and if, upon the answer of the
said interrogatories, or the trial of the said issue or issues by a jury, such debtor shall be found guil-
ty of any fraud or deceit of his creditors, or loss by gaming as aforesaid, or of having given pre-
ference as aforesaid, he shall be for ever prectuded from any benefit of this act, and in case such
debtor or other person shall, at any time thereafter, upon any indictment, be convicted of wilfully,
falsely and corruptly, swearing or affirming to any matter or thing to which he shall swear or affirm
by virtue of this act, be shall suffer as in case of wilful and corrupt perjury, and be for ever debarred
from any benefit of this act.

Chancellor may
allow a com-
mission, &c.

X. AND BE IT ENACTED, That the chancellor may allow any trustee to be appointed by virtue of
this act such commission for his trouble as he shall think reasonable, not exceeding eight per cent.
and if any complaint shall be made to the chancellor of the conduct of any trustee by any creditor
interested in the distribution of any estate, or if any trustee hath or shall become insolvent, the
chancellor may call such trustee before him, and inquire into the cause of complaint in a summary
way, and make such rules and orders as shall be judged necessary for the accomplishment of the ob-
ject of the trust, and punish the said trustee as for a contempt in case of his not obeying the same,
and if he thinks it necessary, he may remove the said trustee and appoint another person in his
place.

May order im-
prisoned debt-
ors to be
brought before
him, &c.

XL AND BE IT ENACTED, That if any debtor, who shall petition the chancellor in virtue of this
act, shall be imprisoned at the time of exhibiting such petition, it shall be lawful for the chancellor
to order the sheriff in whose custody he shall be, to bring him before him at a certain time by him
in the said order to be appointed, for the purpose of taking the oath or affirmation herein before
mentioned, and the said sheriff shall obey the said order, and shall be entitled to a preference, after
the discharge of ail liens on the said debtor's estate, to all other creditors, in the payment of his
account against the said debtor for legal fees of imprisonment, and his reasonable expences in cany-
ing the said debtor to the chancellor, in obedience to his order as aforesaid, any thing in this act to
the contrary notwithstanding; and the chancellor may direct that the body of such debtor shall be
discharged from imprisonment, and appoint a time when such debtor shall appear before him to an-
swer interrogatories which his creditors may propose to him, on not less than three months notice as
aforesaid, any thing in this act to the contrary notwithstanding; provided, that such discharge from
imprisonment shall not operate as a discharge of any of the debts of the said imprisoned debtor
and provided, that the said imprisoned debtor, at the time of his discharge, if required by the chan-
cellor, shall enter Into bond, with such penalty arid security as the chancellor shall direct and ap-
prove, conditioned for his personal appearance at such time or times as the said chancellor shall di-
rect:, to answer the allegations of their creditor or creditors according to the provisions aforesaid,
and if the said debtor shall not enter into bond as aforesaid, if required by the chancellor, then such
debtor shall remain in confinement until the application, (if objected to,) shall be decided on.
XII. AND