The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-01
.PubIic General Laaos.
[CHAPrER l72.l
INSOLVENCY.

0N~N Nf~@f~A@A
'.Insolvents,n and to re-enacs the same with
amendments and also to add certain new
sections TO said article.
Section l. Be Il enacted by the General AS
Sembly of Maryland, That section one, two,
three, twelve, thirteen, fourteen, sixteen, seven
teen and eighteen Of article forty-eight, Of the
Code of Public General Laws, title "Iasol
vents" be, and the same arc hereby repealed.
and re-enaeled with amendments, 50 as to read
as follows;
Any person being insolvent may apply BY petit
ton 10 the Circuit Court for the county where
such insolvent resides, or 10 the Court OF
Common Pleas Of Baltimore city, il the in
solvent resides in the City Of Baltimore, stat
ing that he is insoveni, and Offering to deliver
up for the benefit Of his creditors all his prop
erty, real and personal, and exhibiting there
with a schedule Of his property, and a
list Of the debts due from aRd owing TO him,
with the names OF his debtors and creditors,
and their respective places OF business on
residence, so far as known to the insoivent, all
verified BY affidavit, aud shall aRuex to his
petition an affidavit that he will deliver up
and convey 10 such trustee as may be APP
pointed for the beueft Of his creditors all the
properly, estate, rights and claims of every
description, TO which he is in any manner en-
titled, the necessary wearing apparel and
bedding OF himself and family. and such prop
erty as may by law be exempted from execu-
ton, excepted; and that he has not at any
time sold, lessened, transferred or disposed Of
any part OF his money or other property for
the use or benefit of any person, or intrnsted
any part oil his money or other property. debts,
rights or claims, thereby intending 10 delay
OF detraud his creditors, or any Of them, or to
secure the same, 30 as to receive, or expect 10
receive, any profit, benefit or advantage him
sell therefrom; provided, that the said appli-
cation has at no time, within said appli-
cation, been discharged under any insolvenI
law Of this State.
2. The Court, or one Of the Judges thereof
shall then appoint preliminary trustee, who
shall give bond TO the State with surety or
surelies, 10 be approved by the Judges OF
Clerk Of said Court, in such penalty as the
Court or one OF the Judges thereof may pre-
scribe, for the faithful discharge Of his trust,
and the lnsolvent shall Immediately convey TO
such trustee all his properly and estate OF
every description; and upon the approval OF
such bond, whether such conveyance has been
made or not all the property OF every des-
cripiion, rights and claims OF the insolyent, as
we'll as such as are enumerated and described
In his schedule, as also all other property
rights and claims not SO enumerated and des-
cribed in his schedule, shall vest in the said
trustee, with the exceptions STAGED in the fore
going sections; and it shall be the duty Of the
said preliminary trustee immediaiely To cause
notice 10 be transmitted by mail 10 each of .he
creditors mentioned in The schedule, addressed
10 them at their respective places OF abode or
OF business, so far as mentioned in the schedule
or known TO him, giving notiee 10 such credi-
tors OF the tendency Of proceedings in insoly-
sney IN relation TO the estate OF the iusoyent ana
requiring them to appear at place and lime
10 be named, not less than i've nor more than
len days hom the mailing Of the notices, 10
choose a permanent trustee for the estate al
such lnsolyent, and the place OF such meeting
shall be IN The county or citv in which tl,t
debtor resides and said preliminary trustee
shall cause like notice 10 be given 20 an cfedi-
tors generally of the insolyent, by a notice In.
serted once in some newspaper in the county
OF The debtors residence, and by two inaer.
tons IN some daily newspaper pubiished l.,
the Cily Of Baltimore, when the debtor il :
fesideat Of such civ; at The time and nl,ce
named, 1t shall be the duty Of the clerk or Inc
uepuy clerk mentioned in seciions six-
lseH and aud seventeen of this article,
anu oil the debtor. and the preliminary
deputy clerk shall preside at such meeting
lhereupon the creditors present having proven
iheir claims in accordance with the rules TO
De prescribed by the Court "a hereinafter pro
Vlded, shall proceed 10 the election Of n per.
manent trustee for said estate and the person
who shall receive the votes OF the greater num-
Der Of said creditors, and Of those holding the
greater amount Of Indebtedness, shall be
elected such permanent trustee; subject, how.
ever, 10 the approval Of the Court, or one Of
the judges thereof and if the creditors fail Ia
attend, or any person fails to obtain the reaui.
site majority Of number and amount OF credi-
tors, as before provided, or if the person
elected be, in the opinion Of the Court, an
unsuitable peTson to execute the duties Of the
Office of trustee, the Cour, shall appoint some
person 10 act as permanent trustee; and when
such person shall be elected and appointed a.
Aforesaid, or appointed by the Court, he sl1ili
give bond in manner and form as here nbeiore
provided with respect 10 the preliminary trus-
and thereupon, immediately upon the filing
and approval Of such bond. and said estate.
properly, rights and claims shall vest in such
permanent trustee and such preliminary
trustee, if he be different person from the
permanent trustee shall execute 10 him
ceed Of the zane, and duly acknowl-
edge the same; and it shall be the duty OF
the debtor at such meeting TO answer,
under oath, any interrogaiories OF the credi-
tors, or any Of them, touching his property,
and the disposition Of the same, his indebted
neau, the Judgments and suits against him,
and as 70 any matter relating TO bis business;
and the said clerk or deputy clerk shall adj
minister 10 such debtor an oath that he will
speak the whole truth, without concealment or
evasion, in answer to any inquiries which may
be propounded to him at said meeting; and
said or deputy clerk may adjourn said meet
ing from time to time.
8. The said Court, or one Of the Judges
thereof, may at any time order the insolyent
10 appear and answer such interrogator;ts or
allegations as his creditors, endorseFs or sure
ties may propose or allege against him, and
shall order not less than one months notice Of
the dag so fixed upon to be given By the per
manent trustee to the creditors Of the insol
vent, in such manner as the Court may By It's
rules or by special order direct.
IL. The said Courts, or the Judges thereof
shall prescribe the penalty Of the bonds Of
the trustees, and approve the security therein,
and may order new bond or a new security
or securities 10 be given, and may remove any
trustee on failure In compliance or for incom-
potency or neglect Of his duly, and shall have
all the powers over the trustees under this
article, which courts Of equity have over trus-
tees appointed by decree 10 sell property, and
the sad Courts shall by their rules provide
the method and forms for the proof Of claims
against the estate Of insolyents.