1797.

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

C H A P.
XCVII.

the affent, In writing, of fo many of his creditors as have due to them the
amount of two thirds 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 considered within the intent and meaning of this claufe; and pro-
vided alfo, that the chancellor may, without the affent of the creditors as afore-
faid, 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 procefs iffued, or
that may be iffued, in purfuance of any debt at this time due and owing by him,
which difcharge is hereby declared to be a releafe only of the perfon of fuch
debtor, but not of his property, unlefs the affent in writing of two thirds in
value of the creditors as aforefaid be obtained.

Truftee to
give bond,
&c.

IV. 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 chan-
cery, and a copy thereof, certified under the hand of the faid regifter, fhall be
good evidence in any court of law or equity of this ftate; and if any truftee,
appointed by virtue of this act, fhall refufe to act, or die, or neglect to give bond
as aforefaid in a reafonable time, to be judged of by the chancellor, or be re-
moved by the chancellor for mifbehaviour, he fhall appoint fuch other perfon as
he fhall think proper in his place, who fhall give bond as aforefaid, and on
giving fuch bond, (in cafe the faid debtor had conveyed his property to the former
truftee,) he fhall immediately be vefted with all the property of every kind, and
all the debts, rights and credits, of the faid debtor, as completely as the former
truftee was vefted with the fame.

On executing
a deed, debtor
to be dif-
charged, &c.

V. And be it enacted, That upon the faid petitioning debtor's executing and
acknowledging a deed to the truftee to be appointed as aforefaid, conveying all
his property, real, perfonal and mixed, and all debts, rights and claims, agree-
ably to the oath, or affirmation, of fuch debtor as aforefaid, and on his delivery
to the faid truftee of all his faid property which he fhall have in poffeffion, and
of his books, papers, and evidences of debts of every kind, and the faid truftee's
certifying the fame, in writing, to the chancellor, it fhall be lawful for the
chancellor to order that the faid debtor fhall be difcharged from all debts, cove-
nants, contracts, promifes and agreements, due from, or owing or contracted by
him, before the date of the faid deed, and by virtue of fuch order the faid debtor
fhall be difcharged as aforefaid; provided, that no perfon who has been guilty of
a breach of the laws, and hath been fined or is liable to be fined for fuch breach,
fhall be difcharged from the payment of any fine incurred for any breach of the
laws of this ftate; and provided, that any property which he fhall thereafter
acquire by gift, defcent, or in his own right by bequeft, devife, or in any courfe
of diftribution, fhall be liable to the payment of the faid debt; and provided,
that the difcharge of fuch debtor fhall not operate fo as to difcharge any other
perfon from any debt.

May retain
his apparel.

VI. And be it enacted, That the chancellor may allow fuch petitioning debtor
to retain the neceffary wearing apparel of himfelf and family.

Truftee may
be directed to
fell, &c.

VII. And be it enacted, That the chancellor may direct any truftee to be ap-
pointed by virtue of this act, to fell and convey the property conveyed to him by
the petitioning debtor, at fuch time, and on fuch terms and conditions, as he
fhall think moft for the advantage of the creditors, and the produce thereof,
after fatisfying all incumbrances and liens, fhall be divided among the faid
creditors, agreeably to their feveral and refpective claims, but no judgment to be
rendered after the paffage of this act, againft any of the faid debtors who fhall
take advantage of this act, fhall be a lien on his real property, nor fhall any pro-
cefs againft his real or perfonal property have any effect thereon, except writs of
fieri facias actually and bona fide before the paffing of this act.