The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-01
Public General Laacs.

the grantor or party creating the said lien or
preference shall be proceeded against under
section twenty four, or apply for the benefit Of
| this act under section one II said act, within
sixty days AFTER the recording Of the deed or
Conveyance, or the creation Of the said lien or
preference, and shall be declared, or shall
become, under the provisions Of this act, an
insolvent.
IA Ii the notice 10 creditors hereby re-
quirod shall not be given, or IL the insolyenl
shall fail to appear upon any occasion upon
which his appearance is required, the court
may, in It's discretion, fix another day, and
order new notice.
10. The clerks Of the Circuit Courts may
receive the petitions under this article. and
| appoint the preliminary trustee mentioned IN
this article, and approve his bond, as we'll as
the bond Of the permanent trustee, take
Acknowledgements Of the deeds to the prelimi-
nary and permanent trustees, and fix the day
or days for the insoivent TO appear and answer
in,errogatories or allegations, aud order notices
10 be given 10 the creditors, under such rules
a. the Giro, il Court may prescribe, and shall
receive as compeasation enc dollar.
II. The Clerk Of the Court Of Common Pleas
Of Baltimore city may appoint from among
the clerks in his office, one who shall have the
power vested in the Clerks OF the Circuit
Courts by the preceding sections OF this article,
and shall also have power 10 receive the an
sWers of insolvents 10 interTogatories, and 10
report on such interrogatories and answers TO
the Court, and who shall receive such COM
pensation as aid Clerk Of the Court Of Com
mon Pleas OF Baltimore city may prescribe
to be paid BY the parties applying for the
benefit Of this article, relating TO insolvents,
which compensation shall not be less than two
dollars nor more than tea dollars TO each
applicant according 10 the difficulties of the
respective cases. and all sums OF money re-
ceived from all applicants by the said Clerk,
beyond the aggregate Of fifteen hundred dol
lars per annnm, shall be paid into the Treasury
Of the State.
IS. The Court may allow to the preliminary
trustee commissions not exceeding two per
cent, and 10 the permanent trustee commits
sions not exceeding six per cent, upon the
estate Of the insolyent.
Sec. .. And be it enacted, That the follow
ing new sections be added to the Code of Public
General Laws, article forty-eight, title "Insol-
vents"
Sec %. Any person who shall depart from
or remain absent from this State, with intent
to defraud his creditors, or conceal himself to
avoid service Of process upon him in any action
FOR the recovery of a debt and any person
who conceals or removes sny Of bis property
10 prevent the same from being taken under
legal process; or makes any assignments, gih
sale, conveyance or transfer of all OF part of
his estate or property, with intent TO delay,
binder or defraud his creditors, or belonging
to any Of the classes mentioned in section 10
Of this act, when insolvent or in contemplation
Of insolvency executes a deed or conveyance
giving preference, creates lien making any
l. al al
otherwise gives such preferences; or belonging
to said last mentioned classes, when inso'yent
or in contemplation Of insolvency, coniesses
any judgment or allows any judgment to be
entered against him by any connivance or
belonging to any OF said classes, when insol-
vent or in contemplation of insolvency, fraudu.
lenlly stops payment or suspends payment OF
bis negotiable paper, and fails to resume the
payment thereof within twenty days; or, being
a banker or broker, shall fail for twenty days
to pay any depositor, on demand lawfully
made, shall be deemed to have committed an
act or acts Of insolvency, AZ the case may be
provided, the petition mentioned in the sue
ceeding section is filed within sixty days after
the act Of insolvency il committed.
Sec "a A petition may he filed in any Of
said Courts having the right to take jurisdic-
ton Of the debtor so comm tting any act OF
insolvency Ia the preceding section mentioned,
by any one or more creditors, the aggregate OF
whose debts against the insolvent amount 10
at least the SUN Of two hundred and fifty dol |
lars, at any time within sixty days after the
recording Of any Of the conveyances, creation |
Of liens or committing of any OF the acts oil
insolvency in this act specified the said petit |
tiOn shall allege the facts upon which the |
application is grounded, and pray for process |
against the debtor and an adjudication of in |
solyency, and shall be verified by the affidavit |
Of the petitioner; the Court shall lhereupou |
issue summons for the debtor, and require him |
TO show cause within rot LEES than i've nor |
more Than ten days why such adjudication shall |
not be made; upon any issue OF fact which |
may arise either party shall be entitled TO |
trial by jury, but the parties 10 said cause may
waive the said jury Trial aud be heard by the |
Court on The issue Of fact aud the trial shall |
AXE place at the term during which the petit |
ton was tiled, and as speedily as may be aud |
pending the determination Of the application |
for such adjudication the Court may, in IL |
discretion, issue an order in the nature Of an |
injunction 10 restrain the debtor from dis. |
posing Of bis property, or such other orders |
ard upon such terms and conditions as the |
ouri may deem necessary; and the Court shall
possess power TO allow any amendments neees.
sary 10 present The rights Of the matter; il the
4utkAtvhb OF tue petlllOn shall not be s1s-
tanned The respondent shall recover a Judgment
for COSTS against The petitioner, and il the allie
cations be sustained and are sufficient TO war,
rant the same, an adjudication shall be made
by the Court, that the debtor is insolyent, and
thereuron and by virtue of the adjudication
bis right and power 10 dispose OF any part OF
his estate and property shall cease, and when
the Court shall have appointed a preliminary
trustee, all such estate and property shall, a.
soon as the bond Of such trustee shall have
been approved, he Invested out Of the insol
vent and reyesled ia the trustee; and thereafter
the same proceedings shall be had as herein
before prescribed in relation TO persons who
shall apply for the benefit Of the provisions Of
this article; and the saId debtor shall there
upon immediately execute the schedule and
list OF debts, verified by his affidavit, as pro-
y,ded by section one OF this article, and the
debtor shall be entitled to discharge from all
debts and contracts made before the filing OF
the petition in this section mentioned in the
same manner and 10 the same extent, and with
the same exceptions as though he had made
application, as provided in section one Of this
article.
Sec. 25. II any deed, conveyance, assign
ment, gin, transfer or delivery be made OF any
goods, chattels, moneys choses-in-aetion,
lands, ienements or other property, or lien
created thereon, by any person belonging to
any Of the classes mentioned in section thir-