ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1803.

lottery shall commence, cause the said well in said town to be deepened and widened in the best
manner the sum of money raised by the said lottery will admit.

CHAP.
XL.

III. AND BE IT ENACTED, That it shall be the duty of said commissioners, before they act as
such, to lodge such bond in the cterk's office of Frederick county, there to be recorded, and upon
such bond, or any office copy thereof, suit or salts may be instituted against the obligors therein, or
any of'them, or their or any of their legal representatives, for any breach or non-compliance with
the condition of the same.

Bond to be
lodged, &c,

IV. AND BE IT ENACTED, That if the said lottery shall not be drawn within eighteen months
from the time of proposing the scheme of said lottery, it shall be lawful for any person who may
have purchased a ticket or tickets therein, to commence -a suit against the obligor or obligors named
in the bond given as aforesaid for the recovery of the money paid for such ticket or tickets, on de-
mand being made and not complied with.

C H A P. XLL

A suit may be
commenced,
&c.

An ACT for the relief of Caleb Summers, of Montgomery county.

WHEREAS Caleb Summers, of Montgomery county, by his petition to this general assembly
hath set forth, that he hath been arrested by the sheriff of Montgomery county, and is now
in confinement for debts which he is unable to pay, and hath prayed that a special act of insolvency,
may be passed in his favour to release him from confinement and his debts, on his delivering up all
his property for the benefit of his creditors; and the prayer appearing reasonable, therefore.

Passed 7th of
January, 1804,
Preamble,

II. BE IT ENACTED, by the General Assembly of Maryland, That on the said Caleb Summers's appli-
cation to the chancellor, by petition in writing, offering to deliver to the use of his creditors all
his property, real, personal or mixed, to which he is any way entitled, a schedule whereof, on oath,
together with a list of his creditors, on oath, as far as he can ascertain them, shall be annexed to
such petition, the chancellor shall order the sheriff of Montgomery county to cause the said Caleb
Summers to be brought before him, and shall administer to him the following oath, to wit: "I,
" Caleb Summers, do swear, 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
w in, at this time, and all debts, rights and ctaims, which I have or am any way entitled to, in pos-
" session, remainder or reversion, and that I have not, directly or indirectly, at any time sold, con-
" veyed, lessened or disposed of, for the use of any person or persons, or intrusted, any part of my
" money or other property, debts, rights or ctaims, thereby to defraud my creditors, or any of them,
" or to secure the same to receive or expect any profit, benefit or advantage thereby;" and the chan-
cellor shall thereupon appoint such person or persons as trustee or trustees as he may think proper;
and the trustee or trustees so appointed shall, before he or they proceed to act, give bond to such per-
son, in trust for the use of the creditors of the said Caleb Summers, and in such penalty as the chan-
cellor may direct, conditioned for the faithful discharge of the trust, which bond 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 register, shall be good evidence in any court of law or equity of this state; and if any trus-
tee or trustees 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 by the chancellor, or be removed by the chancellor for
misbehaviour, he shall appoint such other person or persons as he shall think proper in his or their
place, who shall give bond as aforesaid, and on giving such bond, (in case the said Caleb Summers
had conveyed his'property to the former trustee or trustees,) he or they shall immediately be vested
with all the property of every kind, and all the debts, rights and credits, of the said Caleb Summers,
as completely as the former trustee or trustees were vested with the same.

Chancellor, on
application,
may order the
sheriff, &c.

III. AND BE IT ENACTED, That upon the said Caleb Summers' s executing and acknowledging a
deed to the trustee or trustees to be appointed as aforesaid, conveying all his property, real, per-
sonal and mixed, (except the necessary wearing apparel and bedding of himself and family,) and all
debts, rights and ctaims, agreeably to the oath of said Caleb Summers, and on his delivery to the
said trustee or trustees of all his said property which he shall have in possession, and of his books,
papers, and evidences of debts of every kind, and the said trustee or trustees certifying the same in
writing to the chancellor, it shall be lawful for the chancellor to order that the said Caleb Summers
shall be discharged from all debts, covenants, contracts, promises and agreements, due from, or
owing or contracted by him, before the date of the said deed, and by virtue of such order the said
Caleb Summers shall be discharged as aforesaid; provided, that any property which the said Caleb
Summers shall hereafter acquire in his own right by devise, bequest, descent, or in course of distri-
bution, shall be liable for the payment of his said debts; and provided also, that the discharge of

On executing a
deed, to be dis-
:harged, &.c.