1803.

NOVEMBER. LAWS OF MARYLAND.

CHAP.

CIV.

of Raphael, and Henry Hagan, of Charles county, John Coulter, Tames Bond, William Nace,
George Culloden, William Price, Thomas McLaughlin, Maximilian Heuisler, Vachel Dorsey, of
Johnzee, John Lee, Nicholas Reynolds, James Hooker, James Dunning, Caleb Green, John Hook,
Abraham Hauffman, Bartholomew Donavan, George Nace, junior, John Walteir, Thomas Royston,
James Wiiliamson, John Parish, Thomas T. Greenfield, William Belton, John Maxwell, Abraham
Underwood, Samuel Croxall, William Payne Penn, Edward Dennison, John Bracty and Stephen
Wilson, of Baltimore county, Charles Galley, and Samuel Nicols, of Talbot county, John Gray,
Thomas Biddle, Alexander Cathcart and John Savin, of Caecil county, Leonard Townsend, Samuel
Evans, John Spalding and Richard G, Bardesty, of .Prince George's county, William Wells, of the
city of Annapolis, Robert Stevens, of Queen- Anne's county, Robert H. Ward, Philip Bier, junior,
Isaac Parvin, John Parvin, William Parvin, Mark Parvin, Jeremiah Gilbert, David M'Cleary and
Jaen Payen Boisneuf, of Frederick county, James Dulpy, Lemuel Howard, James Johnson, Clement
Waltham, Aquila M'Comas, Winstone Smith and John Hyland, of Harford county, William Priest,
William Boon, Jeremiah D. Nicjiols, Andrew Hall and William Crawford, of Caroline county, John
Fisher, Raymond Dumas, Samuel H. Gatchell, John Gordon, Richard Phillips, Henry Lenhart, ju-
nior, Philip Lewis, James Williamson, Isaac Mordecai, John Robinson, Mordecai M. Mordecai,
Charles Rogers, Hiel Peck, James Clarke, Benjamin Thomas, Owen Roberts, Thomas Cave, James
Bouchell, George Bobst, Elihu Underwood, Nicholas Walter, Thomas Bailey, Jonas Yoner, George
Lee, Winkles Barclin Goldthwait, Warner Lyle Nicholl, senior, Michael Branson, John Maxwell,
Peter Pollard, Hugh Boner, Robert Mickle, William Bruff, Henry Brown, Arthur Smith, Samuel
Alien, George L, Gray, Edward Woodyear and John Harris, of the city of Baltimore, Thomas
Evans and Samuel Bayly, of Washington county, Edward Viers, of Montgomery county, George
Dent and John Arnold, of Allegany couunty, Aaron Rawlings of Calvert county, by their petitions
to this general assembly have set forth, that by reason of many misfortunes they are unable wholly
to pay their debts, and have prayed that they may be discharged therefrom, upon their delivering
up all their property for the use of their creditors; and the prayer of the said petitioners being
found reasonable, therefore,

Chancellor, on
application, to
direct notice,
&c.

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 af-
firmation, 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 if
application to be advertised in the most public places of the county where the said debtor resides, or
to be inserted in some news-papers for such time as he may think proper, and on the appearance of
the said creditor, or neglect to appear on notice, at the time or tiroes and place appointed, the
chancellor shall administer to the petitioning debtor the following oath or affirmation, as the case
may require: u I, A. B. do sweaty 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, di-
" redly 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
" claims, 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.

Hone to be en-
titled but citi-
zens, &c.

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 act; 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; provided, that foreign creditors, not residing within the
United States, or not having agents or attornies, duly authorised and empowered to act in their be-