BENJAMIN OGLE, ESQUIRE, GOVERNOR.

1798.

" and transfer, to the ufe of my creditors, all my property, real, perfonal or mixed, (the necef-
" fary wearing apparel of myfelf and family, as allowed by my truftee, only excepted,) that I
" have or claim any title to, or intereft in, at this time, and all debts, rights and claims, which
" I have at this time, or that I am in any refpect entitled to, in poffeffion, remainder or rever-
" fion; and that I have not, directly or indirectly, at any time before, fold, conveyed, leafed,
" difpofed of, or intrufted or concealed, any part of my property of any kind, or any part of
" my debts, rights or claims, thereby wilfully to defraud or deceive my creditors, or any of
" them, or to fecure the fume, or to receive or expert any profit, benefit or advantage thereby;"
and fhall execute and acknowledge, before two juftices of the fame county, a deed to his truftee,
appointed in virtue of this act, on behalf of his creditors, for all his property, debts, rights and
claims, agreeably to his faid oath, in truft for his creditors, a fchedule whereof he fhall infert
in, or annex to, the faid deed, that thereupon, and for ever thereafter, the faid Philip Edwards
fhall, by virtue of this act, be acquitted, releafed, and for ever, discharged, from all debts, pro-
mifes, contracts, agreements and covenants, due from, or contracted, made or entered into, by
him, before the paffing this act; provided, that any property acquired by the faid Philip Edwards,
after the making the faid deed, by defcent, or in his own right by devife, bequeft, or in courfe
of diftribution, fhall be liable for the payment of his debts.

C H A P.

XXXI.

III. AND BE IT ENACTED, That the fheriff of Baltimore county fhall be and is hereby ap-
pointed as truftee in behalf of the creditors of the faid Philip Edwards; and the faid fheriff, be-
fore he acts as fuch, fhall take the following oath before fome juftice of the peace of faid county,
to, wit: " I, A. B. do fwear, that I will faithfully, impartially and honeftly, according to the
" beft of my fkill and knowledge, execute the feveral powers and trufts repofed in me as truftee
" for the creditors of Philip Edwards, without favour, affection, prejudice or malice."

sheriff ap-

pointed truftee,
&c.

IV. AND BE IT ENACTED, That if the faid Philip Edwards fhall be arrefted or imprifoned on
any procefs fued out on any judgment or decree obtained againft him 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 the faid Philip Edwards on motion; and if the faid Philip
Edwards fhall be arrefted or imprifoned on any procefs for the recovery of any debt, damages or
cofts, contracted, owing, or growing due before the paffing of this act, the court before whom
fuch procefs fhall be returned fhall and may difcharge the faid Philip Edwards out of cuftody on
his common appearance being entered, without any fpecial bail; provided, that the difcharge of
the faid Philip Edwards fhall not acquit any other perfon from fuch debt, damages or cofts, or
any part thereof, but that all fuch perfons fhall be anfwerable for the fame in fuch manner as
they were before the paffing of this act.

If arrefted, to
be difcharged,

&c.

V. AND BE IT ENACTED, That if any creditor of the faid Philip Edwards fhall, at any time
within two years after he is difcharged, allege in writing to the juftices of Baltimore county
court, in court fitting, that he the faid Philip Edwards hath, directly or indirectly, fold, conveyed,

leafed, or otherwife difpofed of, or intrufted or concealed, any part of his property of any kind,
or any part of his debts, rights or claims, thereby wilfully to deceive or defraud his creditors,
or any of them, or to fecure the fame, or to receive or expect any profit, benefit or advantage
thereby, the faid court may thereupon examine the faid Philip Edwards on interrogatories, on-
oath, for the difcovery of his property, or any concealment thereof, and refpecting his conduct
touching the fame, or the faid juftices may, in their difcretion, direct an iffue to be tried in the
faid court, to determine the truth of any allegation made by the faid Philip Edwards; and if
the faid Philip Edwards fhall be found guilty of any wilful fraud or deceit of his creditors, he
fhall for ever be precluded from having any benefit of this act; and in cafe the faid Philip Ed-
wards fhall, at any time within two years as aforefaid, upon any indictment, be convict of wil-
fully, falfely and corruptly fwearing to any matter or thing in his oath aforefaid contained, he
fhall fuffer as in cafe of wilful and corrupt perjury, and likewife be liable to his creditors, and be-
wholly deprived of any relief or benefit by this act.

When fraud is
alleged he may
be examined,
&c.

C H A P. XXXII.
A Further additional fupplement to an act, entitled, An act to ftreighten and
amend the feveral public roads in feveral counties, and for other purpofes.

WHEREAS under the act of feventeen hundred and ninety, to which this is a further ad-
ditional fupplement, fome omiffions have been made in the returns and adoption of the
following roads in Montgomery county, to wit: One leading from George-town to Montgomery
court-houfe, and from Montgomery court-houfe by Benjamin Edward's to the mouth of Monocacy,
and one other road from Montgomery court-houfe by Middle Brook mills to Frederick county
line, by which omiffions faid roads are liable to be ftopped; therefore,

Paffed Jan. 15.
Preamble.

II. BE IT ENACTED, by the General Affembly of Maryland, That the above defcribed roads, as
adopted, or intended to have been adopted, by the county court of faid county, be and the fame
are hereby confirmed, agreeable to the adoption of faid court, as fully and completely as though
the fame had been done agreeable to the directions of the act aforefaid.

Roads confirm-
ed.

III. AND BE IT ENACTED, That Thomas Howard, Thomas Maccubbin and Benjamin Ray,
fenior, be and they are hereby appointed commiffioners for the purpofes herein after mentioned,
and they, or any two of them, may and are hereby empowered to appoint a furveyor to furvey
all fuch parts of the aforefaid roads which have not heretofore been furveyed, and the plots and
courfes of the same returned and recorded agreeable to the act to which this is a further addi-
tional fupplement, and in cafe of death, resignation, difqualification, or refufal to act of any of
the commiffioners aforefaid, when fuch vacancy or vacancies fhall happen during the fitting of
the levy court, the faid court may make other appointments to fill fuch vacancy or vacancies, and
if fuch vacancy or vacancies fhall happen during the recefs of the court, then and in that cafe
the fenior juftice of the peace; for the county, with two other juftices, fhall and are hereby vefted

Commiffioners
appointed, &c.