ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1804.

the time of presenting his petition as aforesaid, he shall produce to the county court the assent, in
writing, of so many of his creditors as have due to them the amount of two thirds of the debts due
by him at the time of the passing of this act; provided, that foreign creditors, not residing within
the United States, or not having agents or attornies therein, duly authorised and empowered to
act in their behalf, shall not, for any purpose, be considered as creditors within the meaning of this
clause; and\provided also, that the county court may, without the assent of the creditors as afore-
said 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 issued, or that may be issued, in pursuance of any debt
at this time due and owing, which discharge is hereby declared to be a release only of the person of
Such debtor, but not of his property, unless the assent in writing of two thirds in value of the cre-
ditors aforesaid be obtained.

C H A P.

CX.

IV. AND BE IT ENACTED, That before such trustee proceeds to act, he shall give bond for the
faithful performance of his duty to the state of Maryland, for the use of the creditors of said
petitioning debtor, in such penalty, as the county court shall direct, which shall be recorded in
the office of the county court, and a copy thereof, certified under the hand of the clerk of said
court, shall be good evidence in any court of law or equity of this state; and if any trustee appoint-
ed by virtue of this act shall refuse to act, or die, or neglect to give bond as aforesaid in a reason-
ableltime, to be judged of by the county court, or be removed by the county court for misbehaviour,
the county cpurt shall appoint such person as they 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 to 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 all his property, real, personal and mixed,
and all debts, rights and claims, 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 county court, it shall be lawful for the county court to order that the said debtor shall be dis-
charged, as well from all debts, covenants, contracts, promises and agreements, due from, or owing or
contrasted in his individual, as also in a copartnership capacity, by him, before the passage of this act,
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 hath been fined, or is liable to be fined for
such breach, shall be discharged from the payment of any fine incurred for any breach of the laws of
this state; and provided, that any property which he shall hereafter 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 dis-
charge any other person from any debt.

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

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

May retain his
apparel, &c.

VII. AND BE IT ENACTED, That the county court may direct any trustee to be appointed by vir-
tue of "this act to sell and convey the properly conveyed to him by the petitioning debtor, at such
time, and on such terms and conditions, as they shall think most for the advantage of the creditors,
and the produce thereof, after satisfying all judgments, incumbrances and liens, shall be divided
among the said creditors, agreeable to their several and respective claims, but not judgment to be en-
tered after the passage of this act against any of the said debtors who shall take advantage of this
act, shall be a lien on his real property, nor shall any process against his real or personal property have
any effect thereon, except writs of fieri facias actually and bond fide laid before the passing of this act.

Trustee may be
directed to sell,
&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.

May sue, &c.

IX. AND BE IT ENACTED, That if any creditor, on the application of any such debtor to the

county court, or within two years thereafter, shall allege in writing to the county court, or to the
general court of the shore where such debtor shall reside, that, such director hath, directlly 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 claims, thereby to deceive or defraud his creditors or
any of them, or to secure the same, or to receive or expect any profit or advantage thereby, or that

When fraud is
alleged, debtor
may be examin-
ed, &c.