J O H N H E N R Y, Efquire, Governor.

1797.

C H A P. XCVII.
An ACT for the relief of fundry infolvent debtors.
WHEREAS William Kirby, Andrew Wallace, Ezekiel Towfon, junior,
William Riley, George and Henry Shock, Jacob Hart, John Sem-
mering, Thomas B. M'Cabe, George Stout, junior, Robert Doyne,
John Miller, Robert Taylor, William Stonall, Tudie James, Jofeph Clark,
William Reeves, George Lythe, Jacob P. Levy, John Friday, John Goulding,
Patrick Goulding, Charles Ward, John M'Iver and Philip Edwards, of Balti-
more county, Jacob Fowll, Benjamin M. Ward, Elifha Stewart, James Clay-
land and James Grace, of Talbot county, Robert J. Smithey, Alexander Couper,
Thomas Nicholls, of John, William Needham and John Fleming, of Mont-
gomery county, Roger Tregoe, Jofhua Breerwood and Nathan Breerwood, of
Dorchefter county, James Ferrall, Alexander A. Leflie and Samuel Tyler, junior,
of Prince-George's county, Andrew Havener, of Frederick county, Corbin Lee
Onion, William Ofborn, of Benjamin, Elifha Perkins and Michael M'Elheney,
of Harford county, Cornelius Mills, Samuel Maynard, William Wenflandley,
Stephen Watkins and Valentine Brown, of Anne-Arundel county, Charles
Shanks, of Saint-Mary's county, William Chew and Thomas Harwood, of
Calvert county, John Fendall Beall and Jacob Clements, of Charles county,
Jofeph Everitt and Benjamin Duhamel, of Queen-Anne's county, Thomas Gaf-
faway, of Allegany 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
petitioners being found reafonable, therefore,

Paffed Janua-
ry 20.

Preamble.

II. Be it enacted, by the General Affembly of Maryland, That on appli-
cation of either of the faid debtors to the chancellor, by petition in writing, of-
fering to deliver to the ufe of his creditors all his property, real, perfonal or
mixed, to which he is any way entitled, a fchedule whereof, (on oath or affir-
mation, 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 can afcertain them, fhall
be annexed to fuch petition, the chancellor fhall direct perfonal notice of fuch
application to be given to the creditors, and alfo to as 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 may 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 adminifter to the petition-
ing debtor the following oath, or affirmation, as the cafe may require: "I, A. B.
" do fwear, or folemnly, fincerely and truly declare and affirm, that I will de-
" liver up, convey or transfer, to my creditors, in fuch manner as the chan-
" cellor 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, remainder or reverfion, and that I have not, di-
" rectly or indirectly, 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 mo-
" ney, or other property, debts, rights or claims, thereby to defraud my cre-
" ditors, 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.

Chancellor,
on applicati-
on, to direct

notice to be
given, &c.

III. And be it enacted, That no perfon hereinbefore mentioned fhall be enti-
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

No perfon to

be entitled to
the benefit of
this act but a
citizen, &c.