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Session Laws, 1820
Volume 625, Page 157   View pdf image
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1830.

LAWS OF MARYLAND.

CHAP. 194.

Upon transfer of
property, &c trus-
tee to be discharg-
ed, &c.

3. And be it enacted, That when the said trustee, so petitioning
as aforesaid, shall make the said conveyances and assignments of
the property conveyed to him as trustee, of so much thereof as
may then be remaining in his possession, subject to such excep-
tions as may hereinafter be excepted, and the said trustee, thus
substituted in his place, shall certify that he has received pos-
session of the said property, producing at the same time a sche-
dule thereof, the said certificate and schedule to be filed in the
clerk's office of the county, and that he has given bond in pursu-
ance of the directions of this act, then the said trustee, so peti-
tioning as aforesaid, shall thereupon be discharged from the exe-
cution of any further or future duty or obligation arising out of
his appointment as trustee for the creditors of the said insolvent
debtor.

Trustee substitut-
ed, to give bond,

&c.

4. And be it enacted, That the said trustee, so substituted in the
place of the trustee and petitioning as aforesaid, shall under the
direction of the court, give bond for the same purpose, and in
the same manner, that the original trustee ought to have done
under the act to which this is a supplement; which said bond
shall be recorded and certified, according to the provisions of the
said act, and shall in the same manner, be good evidence in any
court of law or equity in this state, and the said trustee shall in
all other respects comply with the provisions of the said act re-
lating to the trustee as aforesaid.

Trustee may pe-

tition court to
surrender his trust,
&c.

5. And be it enacted. That it shall and may be lawful for any
trustee, appointed by virtue of the act to which this is a supple-
ment, or by virtue of the act, entitled, An act relating to insolvent
debtors in the city and county of Baltimore, or by virtue of this
act, to petition the county court of the county in which he was
appointed, setting forth his desire to surrender his said trust, at
the same time exhibiting the assent in writing of two thirds of
the creditors in value, expressing their willingness that the said
trustee should surrender as aforesaid; and it shall thereupon be
the duty of the said county court, provided they shall believe
that the said surrender would not be prejudicial to the interests
of the creditors, to grant permission to the said trustee to sur-
render up his said trust to the said county court, and the said
trustee shall forthwith, upon such permission, under the direction
of the court, return into the possession of the insolvent debtor,
from whom he originally received the same, all the property and
estate conveyed to him by the said insolvent debtor, or so much
thereof as may then be remaining in his possession, subject ne-
vertheless to such exceptions as may hereinafter be excepted, and
it shall be the duty of the said trustee, so surrendering as afore-
said, to return to the said county court a schedule of such pro-
perty so surrendered, and thereupon the deed, originally convey-
ing the same to the said trustee, shall thenceforth be deemed and
taken to be void as regards the said property so returned, and
upon the said surrender being made, and schedule returned as
aforesaid, the said trustee shall thereupon be discharged from the
execution of any further or future obligation or duty arising out
of his appointment as trustee for the creditors of said insolvent

debtor.

Court may allow
trustee surrender-
ing trusts, to re-

tain portion of
estate, &c.

6. And be it enacted, That the county court shall in their dis-
cretion, allow the trustees assigning or surrendering their trusts



 
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Session Laws, 1820
Volume 625, Page 157   View pdf image
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