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Session Laws, 1797
Volume 652, Page 112   View pdf image
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1797.

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

C H A P.

XCVII.

not operate as a difcharge of any of the debts of the faid imprifoned 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 direct, to anfwer the
allegations of their creditor or creditors, according to the provifions aforefaid;
and if the faid debtors fhall not enter into bond as aforefaid, if required by the
chancellor, then fuch debtors fhall remain in confinement until their application
(if objected to), fhall be decided on.

Judge, &c. on
E. fhore may
order the fhe-
riff, &c.

XII. And be it enacted, That in cafe any perfon named in this act may he
imprifoned in any gaol on the eaftern fhore, it fhall be lawful for the judge of
the diftrict, or any afffociate juftice of the county, on the application of fuch
perfon, at any time before the firft day of June next, to order the fheriff in
whofe cuftody he may be, to bring the faid perfon immediately before him for
the purpofe of taking the oath, or affirmation, if required, for delivering up his
property to his creditors; and if the faid perfon, fo brought before the judge or
juftice, fhall produce a petition to the chancellor, with a fchedule of his whole
property, and a lift of his creditors, on oath, as herein required, thereto annexed,
and alfo the affent of two thirds of his creditors, and fhall, before the faid judge
or juftice, take the oath required for delivering up his property for the life of his
creditors, it fhall be lawful for the faid judge or juftice to order that the faid per-
fon be difcharged from imprifonment, and appear before the chancellor within
three months from the time of fuch difcharge; and if fuch order fhall be made,
the faid judge or juftice fhall tranfmit the faid petition, and affent of his creditors
in writing as aforefaid, with the fchedule and lift on oath as aforefaid, annexed,
to the chancellor; provided neverthelefs, that if the faid perfon, fo difcharged
from imprifonment, fhall not appear before the chancellor agreeably to the faid
order, it fhall be lawful for any judge or juftice, on application of the party at
whole fuit the faid perfon, was imprifoned, and on his producing a certificate
from the regifter in chancery, that fuch perfon hath not appeared before the
chancellor agreeably to the faid order, to remand the faid perfon to the prifon
from which he was difcharged, there to remain until difcharged by a due courfe
of law; and provided always, that if any creditor of any petitioning debtor in
any of the gaols on the eaftern fhore, fhall fecurity require of the petitioner, that
the judge or juftice aforefaid fhall not releafe any petitioner until he or they fhall
give fuch fecurity as the judge or juftice fhall require, for his appearance before
the chancellor within three months from the date of his difcharge as aforefaid.

Chancellor to
limit the time
for bringing

in claims, &c.

XIII. And be it enacted, That the chancellor may, by order, limit and ap-
point the time for creditors to bring in and declare their claims, and may examine
fuch creditors, and alfo the debtor, on oath or affirmation, concerning the fame,
and on any contefted claim, may, if he thinks proper, order the fame, or any
fact concerning the fame, to be tried on an iffue framed for that purpofe, and
may order any part of the petitioning debtor's eftate to be fet apart and retained
for the eventual fatisfaction of any contefted claim, or to be brought again into
diftribution; and if any creditor to whom a real debt is due, fhall collude with
the debtor to gain an undue preference in the fatisfaction of his debt, or for con-
cealment of any part of the debtor's eftate or effects, or fhall contrive or concert
any acknowldgement of the debtor by parole, or in writing, or any kind of
fecurity, to give falfe colour to his claim for more than is bona fide due, fuch
creditor fhall lofe his debt truly due, and fhall be totally excluded in the dif-
tribution.

Debtors

ed may be

difcharged,

&c.

XIV. And be it enacted, That if the faid debtors, or any of them, fhall be

arrefted or imprifoned on any procefs fued out on any judgment or decree obtained
againft them, or any of them, for any debt, damages or cofts, contracted, owing,
or growing due before the paffing of this act, the court out of which fuch procefs
iffued, fhall and may difcharge fuch debtor on motion; and if the faid debtors,
or any of them, fhall be arrefted or imprifoned on any procefs for the recovery
of any debt, damages or cofts, contracted, owing, or growing due before the



 
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Session Laws, 1797
Volume 652, Page 112   View pdf image
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