1798.

L A W S OF MARYLAND.

Paffed Jan. 20.

Preamble.

C H A P. CIX.

An ACT for the relief of Peter Redhead, of Talbot county, an infolvent debtor.

WHEREAS Peter Redhead, of Talbot county, has ftated to this general affembly his in-
ability to pay his debts, and has petitioned for an act to releafe him therefrom upon
giving up all his property to the ufe of his creditors: And whereas it appears to this general af-
fembly that all of the faid Peter Redhead's creditors, except John Erfkine, or Baltimore city, are
willing to take their dividend of faid Redhead's property, and grant him a releafe: And whereas
his inability to obtain faid Erfkine's content to the releafe prayed for precludes him from the
benefit of a general infolvent law, the faid Redhead being a debtor to the amount of more than
two thirds in value of his debts to faid Erfkine, which juftifies a distinction of his cafe from
others who have petitioned for fimilar acts;

to
truf-

II. BE IT ENACTED, by the General Affembly of Maryland, That in cafe the faid Peter Redhead
fhall, on or before the firft day of June next, before the chancellor of this ftate, make and fub-
fcribe the following oath, or affirmation, to wit: " I, Peter Redhead, do fwear, or folemnly,
" fincerely and truly declare and affirm, that I will deliver up, convey and transfer, to my
" creditors, in fuch manner as the chancellor fhall direct, all ray property that I have or claim
" any title to or intereft in, at this time, and all debts, rights and claims, which I have, or am
" any way entitled to, in poffeffion, remainder or reverfion, 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, debts, rights or
" claims, thereby to defraud my creditors, or any of them, or to fecure the fame to receive or
" expect any profit, benefit or advantage thereby," the chancellor fhall thereupon name fuch
perfon as a majority of the faid Redhead's creditors, their agents or attornies, fhall recommend
to be a truftee for the benefit of the creditors of the faid Peter Redhead, and in cafe no recom-
mendation as aforefaid fhall be made by the faid creditors, their agents or attornies, the chan-
cellor fhall nominate and appoint fuch perfon as he fhall think proper to be a truftee as aforefaid.

Who fhall give
bond, &c.

III. 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 chancery, 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 removed by the chancellor for mif-
behaviour, 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 Redhead 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 Redhead, as completely as the former truftee was
vefted with the fame.

P. Redhead, or
executing a
deed, to be dif-
charged, &c.

IV. AND BE IT ENACTED, That upon the faid Redhead executing and acknowledging a deed
to the truftee to be appointed as aforefaid, conveying all his property, real, perfonal and mixed,
and all debts and claims, agreeably to the oath, or affirmation, as aforefaid, and on his deli-
very to the faid truftee 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 Redhead fhall be
difcharged from all debts, covenants, 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 Redhead
fhall be difcharged as aforefaid; provided, that if the faid Redhead hath been guilty of a breach
of the laws, and hath been fined, or is liable to be fined, for fuch breach, he fhall not be dif-
charged 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 distribution, fhall be liable to the payment of the
faid debt; and provided, that the difcharge of faid Redhead fhall not operate fo as to difcharge
any other perfon from any debt.

May retain his
apparel.

V. 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.

VI. AND BE IT ENACTED, That the chancellor may direct any truftee to be appointed by vir-
tue of this act to fell and convey the property conveyed to him by the petitioning debtor, at
fuch time, and on fuch terras and conditions, as he fhall think moft for the advantage of the cre-
ditors, 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 the faid Peter Redhead fhall be a lien on his real
and perfonal property, nor fhall any procefs againft his real or perfonal property have any effect
thereon, except writs of fieri facias actually and bond fide laid before the paffage of this act.

Commiffion al-

lowed, &c.

VII. AND BE IT ENACTED, That the chancellor may allow any truftee to be appointed by vir-
act fuch commiffion for his trouble as he fhall think reafonable, not exceeding eight
per cent, and if any complaint fhall be made to the chancellor of the conduct of any truftee, by
any creditor interefted in the diftribution of any eftate, the chancellor may call fuch truftee be-
fore him, and inquire into the caufe of complaint in a fummary way, and make fuch rules and
orders as fhall be judged neceffary for the accomplifhment of the object; of the truft, and punifh
the faid truftee, as for a contempt, in cafe of his not obeying; the fame, and if he thinks it ne-

neffary, he may remove the faid truftee, and appoint another perfon in his place.