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Session Laws, 1816
Volume 635, Page 175   View pdf image
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CHARLES RIDGELY, (OF HAMPT.) ESQ. GOVERNOR.

175

mentioned; and the said commissioners shall immediately there-
after report to the said court, or judge, that the trustee ap-
pointed by them as aforesaid, is in possession of all the proper-
ty of such insolvent debtor; and the said court, or judge, shall
thereupon grant a personal discharge to such insolvent debtor.
3. And be it enacted, That the said commissioners shall, within
ten days from the time of such personal discharge being granted,
cause notice to be given in one or more news-papers in the city
of Baltimore, that such personal discharge hath been granted,
and of the time fixed by the said court or judge for the final
hearing, and requiring the creditors of the insolvent to appear at
such time and place as the said commissioners may appoint, to
attend and nominate some person or persons whom the said com-
missioners shall appoint as trustee or trustees, for the benefit of
the creditors, and to give to the said commissioners all informa-
tion in their possession to enable them to report to the court as
hereinafter directed.
4. And he it enacted, That the notice herein before directed to
be given by the commissioners shall be in lieu of the notice di-
rected to be given by the act, entitled, An act lor the relief of

sundry insolvent debtors, and the expense of giving such notice
shall be defrayed by such insolvent debtor.
5. And be it enacted, That it shall be the duty of the said com-
missioners diligently to inquire and examine into the nature and
circumstances of all such applications, and the said commission-
ers shall have power to compel such insolvent debtors to answer
on oath all interrogatories touching the subject matter, which
may be exhibited or propounded on behalf of the creditors, or
any of them, and if upon such examination it shall appear that
the said insolvent debtor hath complied with the terms and con-
ditions of the insolvent laws, and bath acted fairly and bona fide,
it shall be, the duty of the said commissioners to report the same
to Baltimore county court, and return the schedule, and all pro-
ceedings which may have been had before them, to the office of
the clerk of Baltimore county court, there to be recorded, and
the said judges shall thereupon grant a full and final discharge
under such laws, without requiring the assent of the creditors of
such insolvent debtor; Provided however, that the judges shall
not grant such final discharge, if allegations shall be filed by any
creditor of such insolvent debtor, at least ten days before the
time fixed for the final discharge of such debtor, until such alle-
gations shall have been heard and determined in favour of such
insolvent debtor; And provided also, that nothing herein contain-
ed shall be construed to deprive the creditor or creditors of any
insolvent debtor of the right of filing allegations at any time
within two years from the time of discharge.
6. And be it enacted, That all deeds, conveyances, transfers,
assignments or sales, of any property, real, personal or mixed,
or of any debts, rights or claims, to any creditor or creditors,
security or securities, which have been or shall hereafter be
made, by any person, with a view or under an expectation of be-
ing or becoming an insolvent debtor, and with an intent thereby
to give an undue and improper preference to such creditor or
creditors, security or securities, shall be absolutely null and void,

Dec. Ses. 1816

Comm'rs. to
cause notice to
be given, &c.

— to be in lieu
of that directed
by the original
act.

Duty of com-
missioners.

Provisos.

Conveyances,
giving an un-
due preference,
declared void.



 
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Session Laws, 1816
Volume 635, Page 175   View pdf image
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