Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1886-12-17

rettu dS lOlIOWS.
ID. No deed or conveyance executed
or lien created by any banker, stock
broker, merchant, manufacturer or
trader being insolvent, or in comtem-
plation of insolvency, shallNbe lawful
or valid if the same shall contain any
preferences save such as result from
operation OF law, and save those for
the wages or salaries to clerks, ser
wants and employees contracted not
more than three months anterior to
the execution thereof; and all prefer
ences with the exceptions aforesaid
shall be void. howsoever the same may
be made: provided, the grantor or
party creating said lien or preference
shall be proceeded against under sec
ton twenty-four. or shall apply for
the benefit of this Act under section
one within four months after the re-
cording of the deed or conveyance or
the creation of said lien or preference,
and shall be declared or shall become
under the provisions of this Act an
.nsolvent.
%. ANY person who shall depart
from or remain absent from this State
with intent TO hinder. delay or defraud
his creditors or conceal himself to avoid
service upon him in any action for the
recovery of 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
assignment, gift, sale, conveyance or
transfer of all or part of his estate or
property with the intent to delay.
hinder or defraud his creditors, or
belonging to any of the classes
mentioned in section thirteen of this
Act when insolvent or in comtem-
or conveyance giving preferences
creates a lien, making any unlawful
preferences as therein stated. or other
wise gives such eferrrces. or Be
longing to said last mentioned classes
when insolvent 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
insolvent or in contemplation OF. in
solvency fraudulently stops payment
or suspends payment of his 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 Aoc or Acts of
insolvency, as the case may be pso-
vided, the petition mentioned In the
succeeding section is filed within four
months after the act of insolvency Is
committed.
a. A petition may be filed in any
of said courts having the right to take
jurisdiction of the debtor so COM
hitting 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 dollars AT any time
within four months after the record
ing of any of the conveyances.
creation of liens or committing of any
of the acts of insolvency in this Act
specified the said petition shall
allege the facts upon which the appli-
cation is grounded and pray for pro-
cess against the debtor. and an ad-
judication of Insolvency and shall
be verified by the affidavit of the
petitioner. the Court shall thereupon
issue summons for the debtor and re-
quire 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
NAV arise out of said petition and
answer. either party shall be entitled
20 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 dur
| ing the term. and whilst the jury shall
| be in attendance thereon the Court
| shall not discharge the petit jury until
| the parties to said petition shall file
| their waiver of jury trial as herein
| before provided. aud 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 a 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 of fact between the
parties: provided. that the said petition
Shall be filed more than thirty days
prior to the beginning of new term of
said Court. ana pending the determine
ton of the application for such adjudl,
cation, and pending any question OF
the validity of any preference by
mortgage, Judgment or otherwise, and
of any gift, sale, assignment. con
| veyance or transfer or removal of all
or any part of the property of the
| debtor with intent to hinder. delay OF
defraud his creditors, or to give an
unlawful preference to any creditor,
endorser or surety, the Court or any
Judge thereof shall on the application
of the petitioner, issue an order in the
nature of an injunction to restrain
| the debtor and the mortgage judg-
| ment creditor, donee, vendee, as
signee, grantee or other person having
the custody or claiming the title to
any property or estate of the debtor
from selling, disposing of or in any