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Session Laws, 1792
Volume 644, Page 58   View pdf image
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1792,

L A W S of M A R Y L A N D.

C H A P.

LXVII.

without confideration, or on improper confederation, or loft more than One hun-
dred pounds current money by gaming, at any one time within two years before
the paffage of this act, the faid chancellor, or court, may thereupon, at the elec-
tion of the creditor making fuch allegation, either examine the faid debtor, and
any perfon or perfons to whom he may have made any conveyance or conveyances
of his property, or paffed bonds or evidences of debts as aforefaid, on interroga-
tories on oath, or affirmation, touching the fubject of the faid allegations, or di-
rect an iffue or iffues, in a fummary way, without the form of an action, to de-
termine the truth of the fame; and if, upon the anfwer of the faid interrogato-
ries, or the trial of the faid iffue or iffues by a jury, fuch debtor fhall be found
guilty of any fraud or deceit of his creditors, or lofs by gaming as aforefaid, he
fhall for ever be precluded from any benefit of this act; and in cafe fuch debtor,
or other perfon, fhall, at any time thereafter, upon any indictment, be convicted
of wilfully, falfely and corruptly, fwearing or affirming to any matter or thing to
which he fhall fwear or affirm by virtue of this act, he fhall fuffer as in cafe of
wilful and corrupt perjury, and be for ever debarred from any benefit of this act.

Chancellor
may allow a
commiffion,
&c.

IX. And be it enacted, That the chancellor may allow any truftee to be ap-
pointed by virtue of this act, fuch commiffion for his trouble as he fhall think
reafonable, not exceeding five per cent, and if any complaint fhall be made to the
chancellor of the conduct of any truftee, by any creditor interefted in the diftri-
bution of any eftate, the chancellor may call fuch truftee before him, and inquire
into the caufe of complaint in a fummary way, and make fuch rules and orders
as fhall be judged neceffary for the fpeedy accomplifhment of the object of the
truft, and punifh the faid truftee, as for a contempt, in cafe of his not obeying the
fame, and, if he thinks it neceffary, he may remove the faid truftee and appoint
another perfon in his place.

May order
imprifoned
debtors to be
brought be-
fore him, &c.

X. And be it enacted, That if any debtor, who fhall petition the chancellor
in virtue of this act, fhall be imprifoned at the time of exhibiting fuch petition,
it fhall he lawful for the chancellor to order the fheriff, in whofe cuftody he fhall
be, to bring him before him, at a certain time by him in the faid order to be ap-
pointed, for the purpofe of taking the oath, or affirmation, herein before men-
tioned; and the faid fheriff fhall obey the faid order, and fhall be entitled to a

preference, after the difcharge of all liens on the faid debtor's eftate, to all other
creditors in the payment of his account againft the faid debtor for legal fees of
imprifonment, and his reafonable expences in carrying the faid debtor to the
chancellor in obedience to his order as aforefaid, any thing in this act to the con-
trary notwithftanding; and in cafe fuch imprifoned debtor fhall have any creditors
beyond fea, the chancellor may, in his difcretion, order the fheriff to bring the
faid debtor before him at fuch time as he thinks proper, and, on his taking the
oath herein before mentioned, may direct that the body of fuch debtor fhall be
difcharged from imprifonment, and appoint a time when fuch debtor fhall appear
before him, to anfwer any interrogatories which his creditors may propofe to him,
on not lefs than fix months notice as aforefaid, any thing in this act to the con-
trary notwithftanding; provided, that fuch difcharge from imprifonment fhall
not operate as a difcharge of any of the debts of the faid imprifoned debtor; and
provided, that the faid imprifoned debtors, at the time of their difcharge, if re-
quired by the chancellor, fhall enter into bond, with fuch penalty, and with fe-
curity, as the chancellor direct and approve, conditioned for their perfonal ap-
pearance, at fuch time or times as the faid chancellor fhall direct, to anfwer the
allegation of their creditor or creditors, according to the provifions aforefaid ;
and if the faid debtors fhall not enter into bond as aforefaid, if required by the
chancellor, then fuch debtors fhall remain in confinement Until their application
(if objected to) fhall be decided on.

Judge, &c. on
E. fhore may
order the fhe-
riff, &c.

XL And be it enacted, That in cafe any perfon named in this bill may be im-
prifoned in any gaol on the eaftern fhore, it fhall be lawful for the judge of the dif-
trict, or any affociate juftice of the county, on the application of fuch perfon, at any
time before the firft day of April next, to order the fheriff, in whofe cuftody he may
be, to bring the faid perfon immediately before them, for the purpofe of taking



 
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Session Laws, 1792
Volume 644, Page 58   View pdf image
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