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Session Laws, 1795
Volume 647, Page 74   View pdf image
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L A W S of M A R Y L A N D.

C H A P.

ing, Thomas Goulding, Benjamin Aldworth, Richard Bond, fenior, George

Wiley, David Finchette Freebain, John Rufh, Jacob B. Dimmitt, John Pickerf-
gill, William Johnfon and Thomas Hare, of Baltimore county, Jacob Hack-
ney John Frederick Amelung and James Labes, of Frederick county, Henry
Wilfon, Thomas Cox, James Ofborne, William Jones, William Ofborne, of
Benjamin, and Gerard Gover, of Harford county, Perry Beall, Henry Hard-
man, Lewis Duvall, Thomas Weedon and George Weimburger, of Montgo-
mery county, Abijah Bond and Edward Lloyd Wailes, of Prince-George's coun-
ty, James Porter and Thomas Lea, of Queen-Anne's county, John Mackin and
John Savin, of Caecil county, Elifha Maffay, Jofeph Brifcoe and Hyland Geers,
of Kent county, Benjamin Dorfey, Jofeph Caverly, Jacob M'Ceney and Ely
Gaffaway, of Anne-Arundel county, Daniel Rofs, of Calvert county, and John
Ward, of Caroline county, by their petitions to this general affembly have fet
forth, that by reafon of many misfortunes they are unable wholly to fatisfy 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 petiti-
oners being found reafonable; therefore,

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 all his 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 lilt 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 direct perfonal no-
tice of fuch application to be given to the creditors, and alfo 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 beyond fea,
fhall not be lefs than fix months, and on their appearance, or neglect to appear
on notice at the time or times and place appointed, the chancellor fhall adminif-
ter to the petitioning debtor the following oath, or affirmation, as the cafe may
require: " I, A. B. do fwear, or folemnly, fincerely and truly declare and af-
" firm, 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 directly, at any time, fold, conveyed, leffened or
" difpofed of, for the ufe or benefit of any perfon or perfons, or intrufted, any
" part of my money, or other property, debts, rights or claims, thereby to de-
" fraud my creditors, or any of them, or to fecure the fame to receive or expect
" any profit, benefit or advantage thereby ;" and the chancellor fhall thereupon
name fuch perfon as a majority of the creditors in value, their agents or attornies,
then prefent, fhall recommend, to be a truftee for the benefit of the creditors of
the petitioning debtor, or in cafe of the 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.

No perfon to
be entitled to
the benefit of
this act but a
citizen, &c.

III. And be it enacted, That no perfon herein before mentioned fhall be en-
titled to the benefit of any of the provifions of this act, unlefs the chancellor
fhall be fatisfied, by competent teftimony, that he is, and at the time of the
paffing of this act was, a citizen of the United States, and of this ftate, and
unlefs, at the time of prefenting his petition as aforefaid, he fhall produce to the
chancellor the affent, in writing, of fo many of his creditors as have due to
them the amount of three fourths of the debts due by him at the time of the
paffing of this act; provided, that foreign creditors, not refiding in the United
States, and not having agents or attornies refiding therein duly empowered to

act in their behalf, fhall not be confidered within the intent and meaning of this
claufe; and provided alfo, that the chancellor may, without the affent of the
creditors as aforefaid, from time to time order to be difcharged from cuftody,
any of the faid petitioners who may be in actual confinement in virtue of any

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Session Laws, 1795
Volume 647, Page 74   View pdf image
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