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72
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LAWS OF MARYLAND, Nov. ESS. 1812.
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1812.
Passed Dec.
16, 1812.
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CHAPTER 77.
A further additional supplement to the act entitled
"An act for the relief of sundry insolvent debt-
ors. "
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Deeds, con-
veyances, &c.
made with an
intent of be-
coming insol-
vent made void
— in whom
such property
shall vest.
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SEC. 1. BE IT ENACTED by the General Assembly
of Maryland, That all deeds, conveyances, transfers
assignments or sales of any property, real, personal or
mixed, or of any debts, rights or claims, to any cred-
itor or creditors, security or securities which shall
hereafter be made by any person With a view, or un-
der an expectation of being or becoming an insolvent
debtor and with an intent thereby to give an under and
improper preference to such creditor or creditors, se-
curity or securities, shall be absolutely null and void,
and the title to property or claims so attempted to be
conveyed, transferred, assigned or sold, shall vest in
the trustee or trustees of such insolvent debtors, as
effectually. as any property specified in the schedule of
such insolvent.
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Creditors as-
senting that
debtors shall
obtain the ben-
efit of insol-
vent law shall
make affidavit,
&c.
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2. AND BE IT ENACTED, That any creditor
of an insolvent debtor who assents that such insolvent
debtor shall obtain the benefit of the insolvent law,
shall make, affidavit, or affirmation, (as the case may
be) that the said debtor is bona-fide indebted to him in
the sum claimed as due, and that he has received no
security or satisfaction for the same or any part there-
of, before some justice of the peace of this state, or no-
tary public residing in the United States; and without
such, affidavit or affirmation annexed to the assent
aforesaid, such creditor shall not be included among
the assenting creditors.
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Who shall be
entitled to a
personal re-
lease.
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3. AND BE IT ENACTED, That any debtor
who shall petition for the benefit, of the insolvent laws,
and shall comply with all the terms and conditions of
such laws, except obtaining the assent of two thirds of
his creditors in amount, shall be entitled to a personal
release, except in case where interrogatories or allega-
tions have been filed, and have not been satisfactorily
answered and decided in favor of such debtor, which
release shall be a good and effectual discharge of the
person from all arrests on mesne or execution process,
on account of any debt or contract incurred or entered
into by such insolvent debtor before his application:
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Proviso.
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Provided, Such debtor shall at the time of his arrest
on mesne process, execute a warrant of attorney, au-
thorising some attorney to appear for him in the court
to which such process is returnable. 1
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