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Session Laws, 1819
Volume 638, Page 46   View pdf image
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1819.

LAWS OF MARYLAND.

CHAP. 84.

Passed Jan 24 1820
All applications

for benefit of in-
solvent laws to be
made to commis-
sioners, &c

Persons obtaining

a personal dis-
charge and not ob-
taining a final one.

No applicant who
has obtained a

personal discharge

CHAP. LXXXIV.

A Supplement to an act, entitled, An act relating to Insolvent Debtors in the
City and County of Baltimore.

1. Be it enacted, by the General Assembly of Maryland, That all
applications by any person or persons residing in the city or county
of Baltimore, for the benefit of the insolvent laws of this state
shall hereafter be made to the commissioners of insolvent debtors
for the city and county of Baltimore, appointed in virtue of the
act to which this is a supplement, or to either of them, instead of
being made to Baltimore county court, or the judges thereof; and
the said commissioners are hereby authorised and empowered, to
administer to the applicant the oath directed to be taken by the said
insolvent laws, and they, and each of them, are hereby vested with
all the powers of Baltimore county court, or the judges thereof,
in relation to such application, and shall grant a personal dis-
charge to such applicant in the same manner as Baltimore
county court, or any judge thereof, is directed by the second sec-
tion of the act to which this is a supplement, and they shall fix the
time for the final hearing before Baltimore county court; and if
upon the examination directed to be made by the said act, it shall
appear that the said applicant hath complied with the terms and
conditions of the said insolvent laws, and hath acted fairly and
bona fide, it shall be the duty of the said commissioners to report
the same to Baltimore county court, in the manner directed by the
fifth section of the act to which this is a supplement, and the said
court shall proceed thereon as directed by the said section: and if
it shall appear to the said commissioners that the said applicant
hath not complied with the terms and conditions of the said insol-
vent laws, and hath not acted fairly and bona fide, it shall be the
duty of the said commissioners to certify the same to Baltimore
county court.
2. And be it enacted, That if any person or persons, being ar-
rested on a writ of capias ad respondendum (issued against him,
her or them,) shall obtain a personal discharge from the said com-
missioners according to the provisions of the insolvent laws, and
such person or persons shall not obtain a final discharge under
such laws, then and in every such case, if any suit or action shall
or may be depending against such person or persons, in which his,
her or their common appearance had been entered, it shall and may
be lawful for the plaintiff or plaintiffs therein, or his. her, or their
attorney, in rases where special bail is demandable by law, to issue
forth, out of the court in which the suit or art ion shall or may be
depending, another writ of capias ad respondendum or other pro-
cess, against the said defendant or defendants, stating therein that
he, she or they, had obtained a personal discharge, but had been
refused a final discharge under the said insolvent laws; and it shall
and may be lawful for the sheriff, or other officer, to whom the
said writ shall be directed and delivered, to arrest and take the
body of the defendant or defendants, and him, her, or them, safely
keep, until he, she or they, shall give special bail in such suit or
action, and there shall be the same proceedings on such new writ
or process as if the said original writ had never been issued, or
could have, been had on the said original writ in case the personal
discharge had never been granted.
3. And be it enacted, That no applicant who shall have obtained
a personal discharge from arrest upon any writ of capias ad res-



 
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Session Laws, 1819
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