The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1886-05-21
Public General Lars.

insolvency in the preceding section men
toned by any one or more creditors, the
aggregate of whose debts against the insol-
vent amount to at least the sum of two
hundred and fifty dollars at anytime with.
in four months after the recording of any OF
the conveyances, creation of liens. or com.
hitting of any of the acts of insolvency in
this Act specified; the said petition shall al
lege the facts upon which the application is
grounded and pray for process against the
debtor and an adjudication of insolvency
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 out of said petition and
answer, either party shall be entitled to a
trial by jury, but the parties to said cause
may waive the jury trial and be heard
by the Court on the issue in fact, and the
trial shall take place at the term during
which the petition was filed and as speedily
as may be, and if the petition be filed in any
| Circuit Court for any county during the
term, and whilst The jury shall be in attend
ance thereon the Court shall not discharge
the petit jury until the parties to said peti
ton shall file their waiver of jury trial as
hereinbefore provided, and if the petition be
| filed in any such Court after the Jury has
been discharged for the term, the Court or
| any Judge thereof shall, upon the demand of
jury trial by either party as aforesaid,
order the Sheriff to summon special Jury
which shall be convened in not less than
five nor more than ten days from the date of
such order to hear and determine the question
offact between the parties; provided, that
the said petition shall be filed more than
10, 81, g
term of said Court, and pending tine determ.
ination of the application for such adjud-
cation, and pending any question of validity
of any preference by mortgage, judgment or
otherwise, and of any gift, sale, assignment,
conveyance or transfer or removal of all or
any part of the property of the debtor with
intent to hinder, delay or defraud his credi-
tors, or to give an unlawful preference to
any CREDITOR endorser or surety, the Court
or any Judge thereof shall, on the appica-
ton of the petitioner, issue an order in the
nature of an injunction to restrain the debtor
and mortgage judgment creditor, donee, ven
dee, assignee, grantee or other person having
the custody or claiming the title to any prop
erty or estate the debtor from selling, dis
posing ofor in any way interfering with said
property or estate until the question of ad-
Judication shall have been determined, and
may issue such other orders upon such terms
and conditions as the Court may deem neces.
sary for the preservation and s0fe-keeping of
the property in controversy and the Court
shall possess the power to allow any amend
ments necessary to present the rights of the
matter; if the allegations of the petitioner
shall not be sustained, the respondent shall re-
cover judgment for costs against the petit
toner, and if the allegations be sustained,
and are sufficient to warrant the same an
adjudication shall be made by the Court that
the debtor is insolvent, and therefore and by
virtue of the adjudication his right and
power to 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 as
soon as the bond of such trustee
shall have been approved be Invested out of
the insolvent and be vested in the trustee and |
thereafter the same proceedings shall be had
as herenbefore prescribed in relation to per-
sons who shall apply for the benefit of the
provisions of this Article, and the said debtor |
shall thereupon Immediately execute the !
schedule and list of debts verified by his
affidavit as provided by section one of this
Article, and the debtor shall be e& tiled to
his discharge from all debts and xIbtracts
made before the filing of the petition in this
section mentioned, in the same manner and
to the same extent and with the same ex-
ceptions as though he had made application,
as provided in section one of this Article,
the extension of time in the Act from sixty
days as provided in chapter one hundred and
seventy.two Act of eighteen hundred and
eighty, to four months, as in this Article
provided, shall not apply to persons who be-
fore the passage Of this Act may have been
liable to be proceeded against as herein pro
vided, and who are at the passage of this Act
exempted by reason of the expiration of the
sixty days from the time of the preference
given or lien created
SECTION 2. And De 1t enacted, That this
Act shall take effect from the date of its
passage.
Approved April 7, 1886.
Wehereby certify, that the aforegoing is a
correct copy of an Act of the General AS
sembly of Maryland, passed January Session,
1886.
w. G. PURNELL,
Secretary Of the Senate.
e. B. PRETTYMAN,
Chief Clerk of the House of Delegatps