JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER,

1802.

XII. AND Efi IT ENACTED, That the chancellor may, by order, limit and appoint the time for
creditors to bring in and dectare their ctaims, and may examine such creditors, and also the debtor,
pn oath or affirmation, concerning the same, and, on any contested ctaim, may, if he thinks proper,
order the same, or any fact concerning the same, to be tried on an issue framed for that purpose, and
may order any part of the petitioning debtor's estate to be set apart and retained for the eventual
satisfaction of any contested ctaim, or to be brought again into distribution; and if any creditor to
whom a real debt is due, shall collude with the debtor to gain an undue preference in the satisfaction
of his debt, or for concealment of any part of the debtor's estate or effects, or shall contrive or
concert any acknowledgment of the debtor, by parole, or in 'writing, or any kind of security, to
give false colour to his ctaim for more than is bond fide due, such creditor shall lose his debt truly
due, and shall be totally exctuded in the distribution.

C HAP.

XCVII.

And limit the
time, &c.

XIII. AND BE IT ENACTED, That if the said debtors, or any of them, shall be arrested or im-
prisoned on any process sued out on any judgment or decree obtained against them, or any of them,
for any debt, damages or cost, contracted, owing or growing ctue, before the passage of this act, the
court, out of which such process issued, or any one judge of the general court, or the chief justice
of the district court, or the two associate justices of the county court of the county where the said
debtor may be arrested or imprisoned, on application made to them, shall and may discharge such
debtor on motion; and if the said debtors, or any of them, shall, be arrested or imprisoned on any
process for the recovery of any debt, damages or costs, contracted, owing or growing due, before
the passage of this act, the court before whom such process shall be returned shall and may dis-
charge such debtor or debtors out of custody on his common appearance being entered, without any
special bail j provided, that the discharge of such debtor or debtors shall not acquit any other per-
son from such debt, damages or costs, or any part thereof, but that all such persons shall be answer-
able for the same in such manner as they were before the passing oi this act.

If arrested,
may be dis-
charged, &c.

XIV. ⁴ AND BE IT ENACTED, That each insolvent debtor shall pay to the register of the court of
chancery the sum of five dollars, to be paid to the chancellor.

Debtors to par,
&c.

XV, AND BE IT ENACTED, That all proceedings in chancery under this a-ct shall be recorded by
the register, who shall be entitled to the same fees as are fixed by law for services in other cases,
which shall be paid at the time of obtaining the discharge.

Proceedings to
be recorded,
&c.

XVI. AND BE IT ENACTED, That in all appointments of trustees under this act by the chancel-
lor, in the room of any person before appointed, the chancellor shall consult the creditors, and
govern himself by the choice of a majority of them in value, unless upon notice being given by pub-
lic advertisement, or in such manner as he shall think reasonable, the said creditors shall neglect to
make such choice.

Creditors to be
consulted, &c.

XVII. AND BE IT ENACTED, That if any creditor, on the application of any such debtor to the
chancellor, or within three months thereafter, shall allege, in writing, to. the chancellor, that such
debtor is an object of the bankrupt law of the United States, and is liable to be made a bankrupt un-
der said law, the said chancellor may thereupon, at the election of the creditor making suph allega-
tion, either examine the said debtor on oath or affirmation, on interrogatories, touching the said
allegations, and may compel the said debtor to produce his books of accounts, or direct an issue or
issues in a summary way, without the form of an action, to determine the truth of the same; and
of upon the answer of the said interrogatories, and production of said books of accounts on the trial
of the said issue or issues, any such debtor shall be found to be an object of the bankrupt law of the
United States, and as such liable to be proceeded against, and to be made a bankrupt, he shall be
prectuded from any benefit of this act.

Certain debtors
may be exa-
mined, &c,

XVIII. AND BE IT ENACTED, That John Lane, of the city of Baltimore, shall be entitled to re-
ceive the full relief and benefit by the act granted to the petitioners herein before mentioned, on his
complying with all the rules and conditions of such petitioners required, except that the said John
Lane shall not be required to produce to the chancellor any evidence of his having resided for the
two preceding years within the state of Maryland prior to the passage of this act.

J. Lane to re-
ceive reief, &c

XIX. AND BE IT ENACTED, That none of the said debtors who do not make application as
aforesaid on or before the first day of June next, shall have any benefit of this act.

O CHAP.

Time liming