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Session Laws, 1795
Volume 647, Page 76   View pdf image
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1795.

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

C H A P.
LXXXIV.

for himfelf, herfelf, or any of his or her 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
my of them, or to fecure the fame, or to receive or expect any profit or advan-
tage thereby, or that he or fhe has paffed bonds, or other evidences of debts,
either without confideration or on improper confideration, or loft more than one
hundred pounds current money by gaming at any one time, or hath affigned or
conveyed any of his property with intent to give a preference to any creditor or
creditors, or fecurity, within two years before the paffage of this ad, 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
or fhe may have made any conveyance or conveyances of his property, or paffed
bonds or evidences of debts as aforefaid, on interrogatories, on oath or affirmati-
on, 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 trials 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, or of having given preference as
aforefaid, he or fhe 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 in-
dictment, 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
or fhe fhall fuffer as in cafe of wilful and corrupt perjury, and be for ever de-
barred from any benefit of this ad.

Chancellor
may allow a
commiffion,
&c.

X. 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 eight per cent, and if any complaint fhall be made to
the chancellor of the conduct of any truftee, by any creditor interefted in the
diftribution 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 obey-
ing the fame, and, if he thinks it neceffary, he may remove the faid truftee, and
appoint another perfon in his place.

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

XI. 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 laid 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 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 or her
taking the oath herein before mentioned, may direct that the body of fuch debtor
fhall be discharged from imprifonment, and appoint a time when fuch debtor
fhall appear before him to anfwer any interrogatories which his or her creditors
may propofe to him, on not lefs than fix months notice as aforefaid, any thing
in this act to the contrary notwithftanding; provided, that fuch difcharge from
imprifonment fhall not operate as a difcharge of any of the debts of the faid im-
prifoned debtor; and provided, that the faid imprifoned debtors, at the time of
their difcharge, if required by the chancellor, fhall enter into bond, with fuch
penalty, and with fecurity, as the chancellor fhall direct and approve, conditioned
for the perfonal appearance at fuch time or times as the faid chancellor fhall di-
red, to anfwer the allegations of their creditor or creditors, according to the pro-
vifions aforefaid; and if the faid debtors fhall not enter into bond as aforefaid, if



 
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Session Laws, 1795
Volume 647, Page 76   View pdf image
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