1793.

LAWS of MARYLAND,

C H A P.
LXVIII.
Truftee may

VII. And be it enacted, That any truftee may fue for, in his own name, and
recover, any property or debts affigned to him by any debtor in virtue of this
act.

fue, &c.

When fraud,
&c. is alleged,

debtor may be
examined,

&c.

VIII. And be it enacted, That if any creditor, on the application of any fuch
debtor to the chancellor, or within two years thereafter, fhall allege, in writing, to
the chancellor, or to the general court of the fhore, or the county court of the
county, where fuch debtor fhall refide, that fuch debtor hath directly or indirect-
ly fold, conveyed, leffened, or otherwife difpofed of, or purchafed, in truft for
himfelf or any of his family or relations, or any other perfon or perfons, intrufted
or concealed, any part of his property of any kind, or any part of his debts, rights
or claims, thereby to deceive or defraud his creditors, or any of them, or to fe-
cure the fame, or to receive or expect any profit, benefit or advantage thereby,
or that he has paffed bonds, or other evidences of debts, either without confeder-
ation or on improper confideration, or loft more than one hundred 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 election 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 interrogatories, on oath, or af-
firmation, touching the fubject of the faid allegations, or direct an iffue or iffues,
in a fummary way, without the form of an action, to determine the truth of the
fame; and if, upon the anfwer of the faid interrogatories, 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 per-
jury, 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 interested 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 accomplishment 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 ap-
point another perfon in his place.

And 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 be 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 mention-
ed; and the faid fheriff fhall obey the faid order, and fhall be entitled to a pre-
ference, 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 notwithstanding; and in cafe fuch imprifoned debtor fhall have any credi-
tors 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 ap-
pear 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
contrary notwithstanding; provided, that fuch difcharge from imprifonment fhall
not operate as a difcharge of any of the debts of the faid imprifoned debtor; and