1798.

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

C H A P.

XXVI.

for the creditors of the faid Jofeph Forreft and Thomas Earle to appear in the chancery court
to recommend a truftee or truftees on their behalf, and on the apppearance of the faid creditors,
or on their neglect to appear on notice as aforefaid, the chancellor fhall adminifter to the faid
Jofeph Forreft and Thomas Earle the following oath, to wit: " We, Jofeph Forreft and Thomas
" Earle, do fwear, that we will deliver up, convey and transfer to our creditors, in fuch manner
" as the chancellor fhall direct, all our property that we have or claim any title to, or intereft in,
" at this time, and all debts, rights, claims and credits, which we have, or are in any way en-
" titled to, in poffeffion,, reverfion or remainder, as well feverally as jointly with any other perfon
" or perfons, and that we have not, directly 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 our money,
" or other property aforefaid, debts, rights or claims, thereby to defraud our creditors, or any
" of them, or to fecure the fame to receive or expect any profit, benefit or advantage thereby;"
and in cafe of the neglect of faid creditors to appear and. recommend a truftee or truftees, the
chancellor fhall appoint fuch perfon or perfons to be truftee or truftees as he fhall think proper.

J. Forreft, &c.
on executing a
deed, to be dif-
charged, &c.

III. AND BE IT ENACTED, That upon the faid Jofeph Forreft and Thomas Earle executing and
acknowledging a deed to the truftee or truftees to be appointed as aforefaid, conveying all their
property, real, perfonal and mixed, and all debts, rights and claims, agreeably to the oath of the
faid Jofeph Forreft and Thomas Earle, and on the delivery of the poffeffion of the faid property
of the faid Jofeph Forreft and Thomas Earle which they have in their own right, and their books,
papers, and evidences of every kind relating to the faid property, and the faid truftee or truftees
certifying the fame, in writing, to the chancellor, the chancellor fhall thereupon order that the
faid Jofeph Forreft and Thomas Earle fhall be difcharged from all debts, contracts, covenants,
promifes and agreements, due from, or owing or contracted, made or entered into, by them,
before the date of the faid deed, either in copartnerfhip with any perfon or by themfelves; pro-
vided, 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 Jofeph Forreft and Thomas Earle fhall ac-
quire in their own right by defcent, gift, bequeft, devife, or in a courfe of diftribution, fhall be-
liable to the payment of their debts.

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

And give bond
&c.

IV. AND BE IT ENACTED, That the truftee or truftees appointed in virtue of this act fhall, in
the firft place, apply the proceeds of the property of the faid Jofeph Forreft and Thomas Earle
held in their own right, which fhall come to the hands of fuch truftee or truftees, to the fatis-
faction and difcharge of liens heretofore created thereon, and after the difcharge of fuch liens,
the refidue amongft their feveral creditors, in equal proportions to their refpective debts, and the
intereft, fhare or part, of the faid Jofeph Forreft and Thomas Earle in any property or debt, held
by or due to them in copartnerfhip, fhall be applied, in the firft place, to the fatisfaction and dif-
charge of fuch copartnerfhip debts.

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 fecurity 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 chancellor in the performance of the faid truft, in the fame
manner as is provided by the fourth, fixth, tenth and thirteenth fections of the act, entitled, An
act for the relief of fundry infolvent debtors, paffed at November feffion, feventeen hundred and
ninety-feven; and the chancellor fhall have and exercife, with reference to the faid Jofeph For-
reft and Thomas Earle, all and fingular the powers and authority vefted in him by the faid
fections with reference to the debtors named in the faid act.

When fraud is
alleged, they
may be examin-

ed, &c.

VI. AND BE IT ENACTED, That if any of the creditors of faid Jofeph Forreft and Thomas
Earle fhall, on the application of the faid Jofeph Forreft and Thomas Earle to the chancellor, or

within two years thereafter, allege in writing that the faid Jofeph Forreft and Thomas Earle
hath, directly or indirectly, fold, conveyed, leffened, or otherwife difpofed of, or purchafed in
truft for themfelves, or any other perfon or perfons, or intrufted or concealed, any part of their
property, debts or effects, with intent to injure or defraud their creditors, or any of them, or to
expect, fecure or receive any benefit, or advantage therefrom, the chancellor, at the election of
fuch creditor, may either examine Jofeph Forreft and Thomas Earle on oath, on fuch allegations,
or direct an iffue or iffues in a fummary way, without the form of an action, for trying the truth
of the fame, and if upon the anfwer of the faid Jofeph Forreft and Thomas Earle in the trial of
the iffue or iffues, they fhall be found guilty of any fraud of deceit of their creditors, they fhall
for ever be precluded from any benefit of this act; and if the faid Jofeph Forreft and Thomas
Earle fhall, at any time thereafter, upon indictment, be convicted of wilfully, falfely and cor-
ruptly fwearing to any matter or thing to which they fhall fwear by virtue of this act, they fhall
fuffer as in cafe of wilful and corrupt perjury.

If arrefted, to
be difcharged,
&c.

VII. AND BE IT ENACTED, That if the faid Jofeph Forreft and Thomas Earle fhall be arrefted
or imprifoned on any procefs fued out on any judgment or decree obtained against them for any
debt, damages or coils, due, contracted, owing, or growing due before the paffing of this act,

the court out of which fuch procefs iffued fhall and may difcharge the faid Jofeph Forreft and
Thomas Earle on motion; and if the faid Jofeph Forreft and Thomas Earle fhall be fued, arreft-
ed or imprifoned, en any mefne procefs, for the recovery of any debts or damages contracted,
owing, or growing due before the paffing of this act, the court before whom fuch procefs fhall be
concerned fhall and may difcharge the faid Jofeph Forreft and Thomas Earle out of cuftody on
their common appearance being entered, without any fpecial bail.

VIII. AND BE IT ENACTED, That the faid Jofeph Forreft and Thomas Earle fhall not be en-
titled to the benefit of any of the provifions of this act, unlefs at the time of prefenting their
petitioned as aforefaid they fhall procure to the chancellor the affent of two thirds in value of their
creditors who are citizens of this ftate, or of the United States, at the time of paffing this act.