1808.

NOVEMBER, LAWS OF MARYLAND.

CHAP.
LXX.

dues, in virtue of this act, to deliver to, or leave at the last place of abode of, such person or per-
sons, his, her or their executors or administrators, chargeable with the same, at least thirty days
previous to levying such execution or distress, an account, written in words at full length, of the
taxes, officers fees or public dues, demanded of him, her or them, with an affidavit annexed, if re-
quired, that he hath not received any part thereof, nor any thing as security or satisfaction for the
same, more than credit given, to the best of his knowledge.

Books to be
lodged, &c.

III. AND BE IT ENACTED, That the said William Moffitt, before he derives any benefit from or
under this act, shall lodge a copy of his collection books in the sheriff's office of Kent county, to be
opened for the inspection of all persons interested in the same.

CHAP. LXXI.

Passed 23d of
Dec. 1808.

A Further supplement to the act, entitled, An act for the relief of
sundry insolvent debtors, passed ac November session, eighteen
hundred and five.

Preamble.

WHEREAS by the construction which has been given by some of the courts of this state to the
third section of an act, supplementary to an act to which this is also a supplement, passed at
No ember session, eighteen hundred and seven, it appears that the object of the legislature thereby
contemplated has not been accomplished; therefore,

Imprisoned
debtors may
make applica-
tion, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That any imprisoned debtor may here-
after, immediately upon his or her confinement, without any previous notice, make application, by
petition in writing, to the court of the county in which he or she shall be so imprisoned, or to any
judge thereof, upon his or her complying with the other provisions of the said original act, and the
supplements thereto, except that provision which requires the assent of two thirds of his or cre-
ditors, and it shall thereupon be lawful for the said court or judge to order the sheriff, or other offi-
cer in whose custody he or she shall be, to. bring him or her before such court or judge, at a certain
time in the said order to be appointed, for the purpose of taking the oath, or affirmation, in the said
original act prescribed to be taken by an insolvent debtor, and the said sheriff, or other officer, shall
obey the said order, and shall be entitled to a preference, after a discharge of all 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 expenses in carrying the said debtor to the county court,
or any judge thereof, in obedience to the order as aforesaid, any thing in the said original law, or
the supplements thereto, notwithstanding; and the court, or any judge thereof, may direct that the
body of such debtor shall be discharged from imprisonment, and appoint a time when such debtor
shall appear before the county court, to answer interrogatories which his creditors may propose to
him or her, on not less than three months notice, as by the said original act is provided, any thing
in the said original act, or the supplements thereto, 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, unless the said debtor shall, before his final hearing, obtain the assent, in writing,
of two thirds in amount of his or her creditors; and provided, that the said imprisoned debtor, at
the time of his discharge by the county court, or any judge thereof, shall enter into bond, with such
penalty and security as the county court, or any judge thereof, shall direct and approve, conditioned
for his personal appearance at such time or times as the said court, or any judge thereof, may direct,
to answer the allegations of his or her creditor or creditors, according to the provisions aforesaid,
and if the said debtor shall not enter into bond as aforesaid, if required by the county court, or any
judge thereof, then such debtor shall remain in confinement until the application, if objected to,
shall have been decided upon.

Court, &c may
appoint a trus-
tee, &c.

III. AND BE IT ENACTED, That in all cases of petitions of insolvent debtors, as well those that
are now depending as those that may hereafter apply for the benefit of the acts for the relief of in-
solvent debtors, the court before whom such petition may be depending, or any judge thereof, may
appoint a trustee for the benefit of the creditors of such debtor, and may order that such trustee
shall enter into bond, with such surety or sureties as the said court or judge shall approve, and on
filing such bond with the clerk of the court, all the property, real, personal and mixed, of such
debtor, and also all claims which shall be due to such debtor, shall immediately be vested in such
trustee, for the use and benefit of the creditors of such debtor, any thing in, any other law to the
contrary notwithstanding.