A Compilation of the Insolvent Laws of Maryland

To provide for the relief of Insolvent Debtors from imprisonment for costs in certain cases, passed February 19th, 1831.

Be it enacted by the General Assembly of Maryland, That any insolvent debtor, who may apply for a personal or final discharge, under the laws of this state, providing for the relief of insolvent debtors, shall be entitled to include in the schedule of his debts, all costs adjudged on which shall accrue after judgment rendered in any penal action against him.-And to be relieved from the payment thereof in the same manner, and upon the same conditions, that he may be discharged from the debts by him contracted: Provided, always, that the penalty imposed by the judgment in such action shall have been first remitted by the Governor and Council of this state.

A FURTHER SUPPLEMENT

To the act entitled, An Act for the relief of sundry Insolvent Debtors, passed February, 1881.

SEC. 1. Be it enacted by the General Assembly of Maryland, That from and after the passage of this act, it shall not be necessary for any person who may apply for the benefit of the insolvent laws of this state, to produce before the county court, or any judge thereof, or any judge of the orphans' court, or commissioners of insolvent debtors, where such applicant resides, any evidence of his confinement in jail; but the said court, judge or commissioners, as the case may be, shall proceed in all respects, as if such evidence had been produced..

SEC. 2. And be it enacted, That it shall be the duty of the county court, or any judge thereof, or any judge of the orphans" court, or commissioners of insolvent debtors, to whom applica tion may hereafter be made by any person, for the benefit of the insolvent laws of this state, such applicant having complied with the provisions of the insolvent laws of this state, in every particular, except producing evidence of his confinement in jail, to grant to such applicant, in writing a personal discharge from arrest on any civil process, until the return day of such applicant's insolvent papers.

SEC. 3. And be it enacted, That it shall be the duty of every sheriff, constable, or other officer of this state, upon the arrest of any defendant, on a capias ad respondendum, capias ad satisfaciendem, or any other civil process, and the said defendant being unable, or refusing to satisfy the claim on which, said process

was issued, to produce the body of said defendant, before the county court, or some judge thereof, or some judge of the orphans' court, or commissioners of insolvent debtors of the County where the said defendant resides, and then and there tender to said defendant an opportunity to comply with the provisions of the insolvent laws of this state, except producing evidence of his confinement in jail, and upon the said defendant being unable, or refusing to comply with the provisions of the insolvent laws as aforesaid, and not otherwise, the said sheriff, constable, or other officer shall be authorized to proceed with said defendant, as if this act had never passed.

AN ACT

To abolish imprisonment for debt on certain judgments rendered by justices of the peace.

Be it enacted by the General Assembly of Maryland, That from and after the fourth of July next, it shall not be lawful for any justice of the peace, or Courts of Justice, on the affirmance of any judgment of a justice of the peace, to issue a capias ad satisfaciendum, or execution against the body of any debtor, who may have been a bona fide resident of the state one year, and of the county where the judgment may have been rendered four months, on any judgment rendered by a justice of the peace for any debt not exceeding thirty dollars, contracted after the date aforesaid. Provided, That nothing herein contained, shall be construed to prevent the imprisonment of any person against whom fraud has been alleged and proved.

INDEX

TO THE

DECISIONS OF THE COURT OF APPEALS OF MARYLAND,

AND OF THE

SUPREME COURT OF THE UNITED STATES.

A.
ACTION.

An action may be maintained
in the name of an insolvent
debtor, unless there is a
trustee appointed who has
accepted the trust, and to
whom a deed has been ex-
ecuted.-Kirwan v. Latour,
84, (Md.)

(By act of 1827, c. 70, the trus-
tee may sue in his own name
or in that of the insolvent,
p. 81.) See Title Trover.
ALLEGATIONS.-By a cre-
ditor against an insolvent
debtor cannot be removed
under a suggestion, to an ad-
joining county for trial.-
Michael v. Schroeder, et al
84 (Md.)
APPEAL.-An appeal does
not lie from the refusal of the
county court, on motion of
an insolvent, to grant a rule
on the trustee of such insol-
vent who had given the usu-
al bond, requiring him to
shew cause why his appoint-
ment should not be revoked.
-Chase v. Glenn, 87, (Md.)
ASSETS.-The assets of in-

solvents are distributable ac-
cording to equity.-McCul-
loh v. Dashiels, Admr. 87,

(Md.) ENT

1. ASSIGNMENT.-The vo-
luntary assignment mention-
ed in the case of United
States v. Hooe, 3 Chranch
73, seems to have been ad-
mitted to mean an assign-
ment made without compul-
sion of law, and not an as-
signment without considera-
tion.-U. S. v. Hooe, p. 89,
Sup. Ct.

2. To render void a deed of
assignment by an insolvent
it must be made with a view
and under the expectation of
becoming an insolvent debt-
or, and with an intent there-
by to give an undue and im-
proper preference.-(Mary-
land,) 85.

An assignment made by an
insolvent through coercion
of the insolvent laws, is not
an undue and improper pre-
ference. Before a final re-
lease can be obtained, the
trustee must certify to the
court, that he has received all
the property contained in the
insolvent's schedule.-Ib.

4. An assignment of property
by a debtor to a creditor with
a view or under an expecta-
tion of becoming insolvent,
is made void by the act of
1812, c. 77, § 1, (of Mary-
land,) only for the purpose
of vesting the property in
the trustee of such debtor
for the benefit of his general
creditors.-Harding v. Ste-
venson, 86, (Md.)
5. A provisional trustee is not
authorized to assign the in-
solvent's judgments, and
where one purchased such a
judgment from that trustee,
and collected the amount,
he is answerable for the
amount received by him, to
the permanent trustee in an
action for money had and
received. Brown v. Brice,
Trustee of Causten, 87, (Md.)
6. It is not declared by the act
of 1805, c. 110, or 1807, c.
55, that a deed of assignment
or any other act of undue
preference is fraudulent, or
inoperative to pass the pro-
perty: such deed serves to
deprive the insolvent of the
benefit of the insolvent laws,
but does not operate to the
prejudice of the preferred
creditor.-Owings & Chester
V. Nicholson & Williams, 84,
(Md.)

(But by the law (of Md.) of
1812, c. 77, and 1816, c. 221,
such assignments are made
absolutely void, and the pro-
perty intended to be convey-
ed, vested absolutely in the
trustee. Vide p. 68, Title
Conveyances, and p. 27, 30.)

BAIL.

Upon a return of non est, to a
ca. sa. issued upon a judg-
ment in the appellate court
of Maryland, the special bail
of the defendant, suggested
to the court, that defendant
was a citizen of the state of
Pennsylvania, and had com-
plied with the laws of that
state relative to bankruptcies
and bankrupts-had; obtain-
ed a certificate, &c. all which
appeared to the court by the
record of the proceedings
produced. The special bail
in the action was by such
certificate discharged from
his undertaking for the de-
fendant.Harrison v. Young,
83, (Md.)

Bonds with condition for the

appearance of insolvent
debtors made to the state as
obligee are sanctioned by
the uniform practice of twen-
ty years, although the act of
assembly, under which they
are required to be executed
contains no specific provision
for making them to the state,
and the creditors may bring
suits on them for their use,
though not expressly authori-
zed by law to sue.- -State use
of, &c. v. Wiersted, 87 (Md.)

CONSTITUTIONAL LAW.

1. Since the adoption of the
Constitution of the United
States, a State has authority

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A Compilation of the Insolvent Laws of Maryland: Together with the Decisions ...