244

LAWS OF MARYLAND.

Bond of trus-
tee.

SEC. 12. And be it enacted, That the said courts,
or the judges thereof, shall prescribe the penalty of the
bond of the trustee, and approve the security therein,
and may order new surely to be given, and remove on
failure to comply, and shall have the same power and
control over trustees under this act, which courts of
equity have over trustees appointed by decree to sell
property.

Deeds of trust.

SEC. 13. And be it enacted, That no deed or con-
veyance to a trustee for the benefit of creditors generally
shall be deemed fraudulent, or a fraudulent or undue
preference, because of a condition requiring the credi-
tors to release the debtor and depriving any creditor who
refuses to release of all benefit from property so con-
veyed in trust, but all such deeds of trust are hereby
declared to be valid, and shall not be set aside either at
the suit of a trustee under this act, or at the suit of any
creditor.

Failure to
give notice.

SEC. 14. And be it enacted, That if any insolvent
shall fail to give the notice to his creditors herein re-
quired, or shall fail to appear, the court may fix another
day and order new notice, in its discretion.

Property may
be taken un-
der fieri fa-
cias.

Proviso.

SEC. 15. And be it enacted, That any property
or debts not mentioned in the schedule of an insolvent,
may be taken under a fieri facias or attachment, at the
suit of any creditor, except such as may be exempted
by law; Provided nevertheless, that, nothing in this
section shall be construed to impair the right and title of
the trustee to such property or claims as provided by
the second section, but shall only operate to give the
judgment creditor who shall discover such property or
claims, a priority to be paid out of the proceeds thereof.

Clerks courts
may appoint
trustee.

SEC. 18. And be it enacted, That the clerks of the
circuit courts may receive the petitions under the act
and appoint a trustee for the benefit of the creditors,
take and approve his bond, and take the acknowledg-
ment of the deed to trustee, and fix a day for the insol-
vent to appear and answer interrogatories or allegations,
and order notice to bo given to the creditors, under such
rules as the circuit court may prescribe, and shall re-
ceive such compensation as the circuit court may order,
the same no to exceed what was heretofore allowed to
the judges of the orphans court for similar services.

Appointment
of commis-

sioner.

SEC. 17. And be it enacted, That the court of
common pleas may appoint a commissioner who shall
have the power vested in the clerks by the preceding