1797.

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

C H A P.

XXXIX.

would be attended with lofs and damage to his creditors, as well foreign as do-
mestic, to require affent of foreign creditors, or their agents, to his releafe;
and the faid reprefentation appearing to the legiflature to be true,

Chancellor,
on applicati-
on, to direct
notice to be
given, &c.

II. Be it enacted, by the General Affembly of Maryland, That upon the ap-
plicatioin of the faid Nicholas Slubey to the chancellor, by petition in writing,
offering to deliver up all his eftate, in poffeffion, reverfion or remainder, for the
benefit of his creditors, and annexing to the faid petition a fchedule of his pro-
perty, and debts, the faid fchedule comprehending diftinct and feparate lifts of all
the property and debts belonging to him in his own right, and of all property
and debts belonging to his copartnerfhip, and a lift of his creditors, fo far as he
can afcertain the fame, on oath, the chancellor fhall direct notice of fuch ap-
plication to be given and publifhed in fuch manner as he fhall think expedient,
and appoint a certain day for the creditors of the faid Slubey to appear in the
chancery court to recommend a truftee or truftees on their behalf, and on the
appearance of the faid creditors, or on their neglect to appear on notice as afore-
faid, the chancellor fhall adminifter to the faid Nicholas Slubey the following
oath: "I, Nicholas Slubey, do fwear, that I will deliver up, convey and tranf-
" fer, 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, claims and credits, which I have, or am any way entitled to,
"in poffeffion, reverfion or remainder, as well in my own right as in copart-
" nerfhip with any other perfon or perfons, and that I have not, directly or in-
" 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 aforefaid, debts, rights or claims, thereby to defraud my creditors,
" or any of them, or to fecure the fame to receive or expert any profit, benefit
" or advantage thereby ;" and in cafe of the neglect of the faid creditors to ap-
pear and recommend a truftee or truftees, the chancellor fhall appoint fuch per-
fon or perfons to be truftee or truftees as he fhall think proper.

On executing
a deed, to be
difcharged,
&c.

III. And be it enacted, That upon the faid Nicholas Slubey executing and ac-
knowledging a deed to the truftee or truftees to be appointed as aforefaid, conveying
all his property, real, perfonal and mixed, and all debts, rights and claims, agree-
ably to the oath of the faid Slubey, and on the delivery of the poffeffion of
the faid property, and his books, papers, and evidences of debts of every kind,
and the faid truftee or truftees certifying the fame, in writing, to the chancel-
lor, the chancellor fhall thereupon order that the faid Nicholas Slubey fhall be
difcharged from all debts, contracts, covenants, promifes and agreements, due
from, or owing or contracted, made or entered into by him, before the date of
the faid deed, either in copartnership with any perfon, or by himfelf; provided,
that fuch difcharge fhall not operate fo as to difcharge any other perfon from any
debt; and provided alfo, that any property which the faid Nicholas Slubey fhall
thereafter acquire by defcent, gift, devife, or in courfe of diftribution, fhall be
liable to the payment of his debts.

Truftee to ap-
ply the pro-
ceeds, &c.

IV. And be it enacted, That the truftee or truftees of the faid Nicholas
Slubey fhall, in the firft place, apply the proceeds of the property held in his
own right, which fhall come to his or their hands, to the fatisfaction and dif-
charge of debts due to this ftate, and the refidue, after the difcharge of liens
heretofore created thereon, amongft his feveral creditors, in equal proportions to
their refpective debts; and the intereft, fhare or part of the faid Nicholas Slubey
in any property or debts, held by or due to him, in copartnership with any other
perfon or perfons, fhall be applied, in the firft place, to the fatisfaction and dif-
charge of fuch copartnership debts.

And give
bond, &c.

V. And be it enacted, That any truftee or truftees to be appointed in virtue of
this act, before he or they fhall proceed to act as fuch, fhall give bond, with fe-
curity to be approved of by the chancellor, for the faithful execution of the truft
repofed in him or them, and purfue in all refpects the directions of the chan-
cellor in the performance of the faid truft, in the fame manner as is provided by