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Session Laws, 1794
Volume 646, Page 70   View pdf image
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1794.

LAWS of MARYLAND.

CHAP.
LXXI.

and imported from and to the town of Baltimore, paffed November feffion,
feventeen hundred and eighty-fix, and the fupplement thereto, paffed November
feffion, feventeen hundred and ninety, fhall be and are hereby revived and con-
tinued until the thirtieth day of January, feventeen hundred and ninety-eight.

Paffed De-

cember 27.

Preamble.

CHAP. LXXII.
An ACT for the relief of fundry infolvent debtors.
WHEREAS William Prentifs, William Wood, Philip Heide and An-
drew Supplee, of Baltimore county, and Henry Hill, junior, of
Prince-George's county, Peregrine F, Bayard and Thomas Pearce,
of Caecil county, Thomas Bond, of Saint-Mary's county, George Little and
Gittings Gover, of Harford county, Thomas Wootton, of Queen-Anne's coun
ty, Edward Penn, of Montgomery county, John Addifon and William Brawner,
junior, of Charles county, William Foxcroft and Benjamin Harrifon, of Anne-
Arundel county, John Nabb and Samuel Foudray, of Talbot county, John So-
thoren, of Queen-Anne's county, Robert Randall and Samuel Wilfon, of Har-
ford county, Benjamin Davis Penn, Samuel Darley, Sarah Beall and Henry Car-
lifle, of Montgomery county, Richard Burgefs, of Allegany county, Richard
Yates, of Baltimore county, Samuel Webb, of Harford county, James B. Love-
lefs, of Baltimore county, and John Ward, of Caroline county, and Gavin
Hamilton Smith, of Calvert county, by their petitions to this general affembly
have fet forth, that by reafon of many misfortunes they are unable wholly to fa-
tisfy their creditors, and have prayed that they may be difcharged, upon their
delivering up all their property for the ufe of their creditors; and the prayer of
the faid petitioners being found reafonable; therefore,

Chancellor,
on applicati-
on, to direct

notice to be
given, &c.

II. Be it enacted, by the General Affembly of Maryland, That on application
of either of the faid debtors to the chancellor, by petition in writing, offering to
deliver to the ufe of his or her creditors ail nis or her property, real, perfonal or
mixed, to which he or fhe is any way entitled, a fchedule whereof, (on oath,
or affirmation, as the cafe may require,) together with a lift of the creditors of
the perfon fo applying, on oath or affirmation, as far as he or fhe can afcertain.
them, fhall be annexed to fuch petition, the chancellor fhall, in his difcretion,
either direct perfonal notice of fuch application to be given to the creditors, or fo
many of them as can be ferved therewith, or their agents or attornies, or direct
notice of fuch application to be inferted in the public news-papers for fuch time
as he fhall think proper, which, in cafe of there being a creditor or creditors be-
yond fea, fhall not be lefs than iix months, and on their appearance, or neglect
to appear on notice, at the time or times and place appointed, the chancellor
fhall adminifter to the petitioning debtor the following oath, or affirmation, as
the cafe may require: " I, A. B. do fvvear, or folemnly, fincerely and truly de-
" clare and affirm, that I will deliver up, convey and transfer, to my creditors,
" in fuch manner as the chancellor fhall direct, all my property, that I have or
" claim any title to or intereft in, at this time, and all debts, rights and claims,
" which I have, or am any way entitled to, in poffeffion, reverfion or remainder,
" and that I have not, directly or indirectly, at any time, fold, conveyed, leffen-
" ed or difpofed of, for the ufe or benefit of any perfon or perfons, or intruded,
" any part of my money, or other property, debts, rights or claims, thereby to
" defraud my creditors, or any of them, or to fecure the fame to receive or ex-
" pect any profit, benefit or advantage thereby ;" and the chancellor fhall there-
upon name fuch perfon as a majority of the creditors in value, their agents or at-
tornies, then prefent, fhall recommend, to be a truftee for the benefit of the cre-
ditors of the petitioning debtor, or in cafe of non-attendance of the creditors,
or of their not making a recommendation, the chancellor fhall name fuch perfon
as he fhall think proper, to be a truftee as aforefaid.

Truftee to

give bond,

&c.

III. And be it enacted, That before fuch truftee proceeds to act, he fhall give
bond for the faithful performance of his duty, to fuch perfon, in truft for the
creditors of faid petitioning debtor, and in fuch penalty as the chancellor
fhall direct, which fhall be recorded in the office of the regifter of the court of
chancery, and a copy thereof, certified under the hand of the faid regifter, fhall
be



 
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Session Laws, 1794
Volume 646, Page 70   View pdf image
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