The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1886-05-15

any OF the classes mentioned IN section
thirteen of this Act when insolvent or in
contemplation of insolvency, executes deed
or conveyance giving preferences, creates
lien, making any unlawful preferences as
therein stated, or otherwise gives such pref
erences, or belonging 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 con-
temptation of insolvency fraudulently stops
payment or suspends payment of his nego-
table paper, and fails to resume the pay
ment thereof within twenty days, or being
banker or broker, shall fail for twenty
days to pay any depositor on demand law
fully made, shall be deemed to have COM
mitted an Act or Acts of insolvency, as the
case may be; provided the petition men
toned in the succeeding section is filed
within four months after the act of insol-
vency is committed.
"a. A petition may be filed in any of
said courts having the right to take juris-
diction 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 dollars at any time within
four months 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 petition shall
alIaee the facts unon which the anplication
is Grounded and nrav for nrocess AGAINST
tbe debtor and an adjudication of insol-
yency and shall be verified bv 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 moro than ton DAVIS wbv such adiudica-
tion Shall NOT he made. upon apv issue of
fact which NAV arise out of said petition
and answer. either party shall be entitled
to a trial by Jury. but the parties to said
cause NAV waive the Jury trial and be heard
nv the conrt on the issue in fact. and the
trial shall take place at the term during
which tbe netition was filed. and as speediiy
as NAV ba and If the netition he filed in
onv c;rcpit court for any comfy durino the
term and whilst the iurv shall he in at
tondanco thereon the cont shall mot dis
cbargo the netit inrv mill the parties to
said netition shall file their waiver of
~ tr;oI os beroinbafnre nrovided and If
H. not;t;on bo fInd in anv sucb conrt after
a. ir,rr hos boon d;scbor9ed for the term
the oonrt or anv iudgo thereof shall mon
tho o demand ofa ;ur1 trial bv either marty
as oforasaid orJer tho sheriff to summon =
Snoc;ol inv which shall he convened in not
IaSs tlor 40 nor more than fen dovs from
tIo dato of Sncb order n hear and deter.
-; ~ ~ tbo ouost;on IF fact between the |
. nr.;os. ,,o1I;Jod tbot tho so;d notit;on sbou
pa s eie H. thirtv JaUs nr;o 70 Tho
beainning If a new term of said court, and
no0J;na 3bo determination of the annlica-
t;on for sncb odiud;cation and nendine anv
80, - tho roI;d;tv If onv nroference
4. a' .',o..e,o,.o i,dnmont or otIor1v;so and
20 80 o,s;rrnn,o,,t oonro,,onoo
~ tragsfer or removal of ali or anv mart of
tho ,,rorortv Of tba Debtor with intent to
hinder delav or defraud his creditors. or to
oive an unlawful preference to any creditor.
endorser or surety. the court or any Judge
thereof shall on the application of the ne
t;tioner issue an order in the nature of an
Injunction to restrain the debtor and the
mortgaoe indictment creditor. donee. vendee,
ass;gnee Grantee or other nerson bavinG
the custody or claiming the title to any |
nronertv or estate of the debtor from sell |
mo disposipg of or in any way interfering
with said property or estate until the ques-
ron of adjudication shall have been deter
mined and NAV issue such other orders
unop snch terms and conditions as the court |
NAV deem necessary fer the preservation
and safe-keeping of the property in con-
troversy; and the Court shall possess the
mower to allow any amendments necessary |
to prevent the rights of the matter; if |
the allegations of the petitioner shall not
be sustained, the respondent shall recover
Judgment for costs against the petit
TONER, and if the allegations be sustain
ed and are sufficient to warrant the same, |
IN adjudication shall be made by the court
that the debtor is insolyent. and there
fore and bv virtue of the adjudication
his riobt and mower to dispose of any
mart of his estate and property shall cease
and when the court shall have appointed
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 herein
before prescribed in relation to persons
who shall apply for the benefit of the
provisions of this Article, and the said
debtor shall thereupon Immediately exc
cute the schedule and list of debts YER
flied by his affidavit as provided by sec
ton one of this Article. and the debtor
shall be entitled to his discharge from all
debts and contracts made before the filing
of the petition in this section mentioned,