The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1880-04-30
Public General LO9CS.

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 of 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. If the notice 10 creditors hereby re-
quired shall not be given, or If the insolvent
shall fail to appear upon any occasion upon
which his appearance ia required, the court
may, in its discretion, fix another day, and
order new notice
16. 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 well 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 insolvent to appear and answer
inerrogatories or allegations, and order notices
to be given to the creditors, under such rules
as the Circuit Court may prescribe, and shall
receive as compensation one 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
Courts by the preceding sections oil this article,
and shall also have power to receive the an
swers of iDsolvents 10 interrogatories, and to
report on such interrogatories and answers to
the Court and who shall receive such COM
pensation as said 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 ten dollars to each
applicant, according TO the difficulties of the
respective cases, and all sums of money re-
ceived from all applicants by the said Clerk,
beyond the aggregate OF tltteen hundred dol
lars per annum, 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 to The permanent trustee commits
sions not exceeding six per cent, upon the
estate of the insolvent.
Sec q 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 90. 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 any of his property
TO prevent the same from being taken under
legal process; or makes any assignments, gift,
sale conveyance or transfer of all or part of
his estate or property, with intent to delay,
hinder or defraud his creditors, or belonging
to any of the classes mentioned in section Is
of this act, when insolvent or in contemplation
of insolvency executes deed or conveyance
giving a preference, creates a lien making any
unlawful preferences as therein stated, or
otherwise gives such preferences; or belonging
TO said last mentioned classes when insovent
or in contemplation of insolvency, confesses
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-
lently stops payment or suspends payment of
bis negotiable paper, and fails to resume the
payment thereof within twenty days; or, being
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 is committed.
Sec. "a. A petition may be filed in any of
said Courts having the right to take jurisdic-
ton of the debtor SO committing any act OF
insolvency in the preceding section mentioned,
by any one or more creditors, the aggregate OF
whose debts against the -insolvent amount to
at least the sum 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 Of
Insolvency in this act specified the said petit
ton shall allege the facts upon which the
application is grounded, and pray for process
against the debtor and an adjudication of in
solvency and shall be verified by the affidavit
of the petitioner; the Court shall thereupon
issue summons for the debtor, and require him
to show cause within not less than five 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 TO said cause may
waive the said jury trial and be heard by the
Court on the issue of fact, and the trial shall
take place at the term during which the peti-
ton was filed, and as speedily as may be; and
pending the determination of the application
for such adjudication the Court may, in its
discretion, issue an order in the nature of an
injunction to restrain the debtor from dis.
posing of bis property, or such other orders
and upon such terms and conditions as the
Court may deem necessary; and the Court shall
possess power to allow any amendments neces-
sary TO present the rights Of the matter; if the
allegations of the petition shall not be sus-
tanned the respondent shall recover judgment
for COSTS against the petitioner, and if 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 insolvent, and
thereupon and by virtue of the adjudication
his right and power to dispose of any part of
his es ate and property shall cease, and when
the Court shall have appointed a preliminary
trustee, all such estate and property shall, as
soon as the bond of such trustee shall have
been approved, be Invested out Of the insol
vent and revesled 10 the trustee; and thereafter
the same proceedings shall be had rs herein
before prescribed in relation TO persons who
shall apply Tor 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-
vded 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 to 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, gift, transfer or delivery be made of any
goods, chattels, moneys, choses-in-action,
lands, tenements or other property, or lien
created thereon, by any person belonging to
any of the classes mentioned in section thir-
teen, when insolvent, or in contemplation of