4

from the year 1805, to the year 1829, inclusive: to notice in each act the alterations that have been made therein, by subsequent provisions, as well as the instances, if any, in which a total repeal of any particular law has been made, and thus afford. a synopsis of the insolvent system of Maryland.

SECONDLY.-An index will be annexed, comprising such matter as could conveniently be embraced under a few general heads.

THIRDLY.-A summary of the decisions pronounced by the Appellate Court of Maryland, relative to those insolvent cases, which have, at varous times, been submitted to that tribunal, and lastly, a compendium of the decisions made in the Supreme Court of the Union, on such insolvent cases as involve questions of constitutional law, or are affected in any manner by the laws of the United States. The cases of these descriptions, are, it is true, limited in number: but the importance of the doctrines therein discussed and settled, seemed to justify the insertion of them in a compilation, such as that now offered.

Congress, in pursuance of the authority vested in them, by 4th clause, 8th sec. of art. 1, of the constitution of the United States, passed an act entitled, "an act to establish a uniform system of bankruptcy throughout the Union," which was approved, and became a law, April 14th. 1800.-[See C. 173.] and was repealed on the 19th December, 1803.-[See C. 359, of laws U. S. of 1803.]

The law of Maryland, of 1805, C. 110, is considered the foundation of the Insolvent System of our state; a system, which although constructed gradually, and frequently altered, requires yet farther legislative improvement before it can be deemed complete in more than one of its branches.

It should be borne in mind by the reader, while perusing the following pages, that imprisonment of females for debt, was abolished, in Maryland, by the act of 1824, ch,

205.

A list of the general Insolvent Laws of Maryland.

1774, c. 28. Repealed by 1817, c. 183, sec. 4.

1805, c. 110. Considered as the foundation of the present insol

vent system..

1806, c. 98. Extending the benefit of the insolvent laws to two years residents.

1807, c. 55. Specifies what is meant by the term "undue pre

ference."

1807, c. 150. Declares that the loss of 100 dollars at any one time, by gaming, as mentioned in the act of 1805,

5.

c. 110, should have been sustained within three years previous to application.

1808, c. 71. Explanatory of the 3d sec. 1805, dispenses, with previous notice and assent of creditors, &c.

1809, c. 179. Authorizes the County Courts, and the several Judges thereof, to act on insolvent cases during the recess of court, so far as personal discharge. 1812, c. 77. Relates to deeds, assignments, &c. by insolvents, &c. 1814, c. 122. Concerns the continuance of petitioners, &c. their withdrawal or dismissal, &c.

1816, c. 221. Establishes the mode of appointing the commissioners of insolvents, their power, &c.

1817, c. 183. Refers to debtors actually in confinement, &c. and authorizes the Judges of the Orphan's Court to receive and entertain applicants petitions, and to grant personal discharges.

1819, c. 84. Relates to the commissioners: to writs of ca ad respond: the power of commissioners to report unfavorable cases to Baltimore County Court, &c. 1820, c. 108. How Banking Co's. corporate bodies, &c. shall act in certain cases, concerning their insolvent debtors.

1820, c. 182. Relates to the commissioners of insolvents, &c. c. 186. Provides that the creditor shall support his insolvent debtor while in prison; the mode, &c.

te

c. 194. Concerning trustees.

1821, c. 250, Relates to the commissioners, &c.

1822, c. 102. Unfavorable reports by commissioners, &c. The rejected applicant may prosecute a 2d petition, &c. 1825, c. 122. The right of an applicant personally discharged, to be free from arrest, &c. declared.

c. 205. Relates to applications by citizens of any other state, for the benefit of the insolvent laws of Maryland, &c. &c. and to the commissioners, &c. cases of perjury in matters cognizable under the laws relating to insolvents.

1826, c. 253. Repeals the 2d'§ of 1825, c. 205.

1827, c. 70. Appointment of trustees, &c, their duties in certain cases, what is undue preference, with regard to judgments confessed, &c. &c. &c.

1828, c. 63. Right of insolvent, who has obtained a personal or final discharge, to be discharged from custody on attachment, &c. for that purpose shall produce certificate of discharge, &c. &c.

1829, c. 31. Empowers County Courts to award costs upon the continuance of petitions-the trial of suits or allegations, &c.

1829, c. 208. Cases of unfavorable report by commissioners; petitioner has a right to examination of his case,

by the County Court, &c. gives certain powers to trustees.

committed

on exccu

do not

CHAPTER XXVIII.

An ACT for the relief of Insolvent Debtors.

Supplements: November, 1792, ch. 51, and 1797, ch. 117.

BE IT ENACTED, by the right honourable the Lord ProprietaHow persons ry, by and with the advice and consent of his Governor, and the Upper and Lower Houses of Assembly, and the authority of the tion, or for same, That if any person, who shall after the first day of Octowant of spe- ber next be committed or charged in execution, or for want of cial bail, special bail, at any time after he or she shall have actually rewhose debts mained in prison, by the space of twenty days on such commitamount to ment or charge, shall petition any three justices of the peace of two hundred the county wherein such prisoner shall be detained as aforesaid, pounds ster for his or her discharge, such justices shall thereupon appoint ling, must a time for their meeting, not less than thirty days, nor exceedproceed to obtain a dis- ing forty days thereafter at the court-house for said county or charge. gaol in which he or she shall be so detained, for his or her discharge, and their said appointment shall certify in writing to the sheriff in whose custody he or she shall be; and the same sheriff shall, twenty days at the least before the time appointed for the said meeting, affix one copy of the said certificate at the door of the county clerk's office, and another copy thereof at the prison door of his county; at which said day so to be appointed, the said justices, or two of them, as well as the sheriff, are required to attend at the court-house or prison aforesaid, and the sheriff shall produce the body of such prisoner before the justices who shall attend, and also make known to the same justices the cause or causes of his or her imprisonment, and the time he or she hath been actually imprisoned under such commitment as aforesaid; and if it shall appear to the said justices who shall attend, that such person hath been actually imprisoned as aforesaid, and it doth not appear to them, or any two of them, from the cause or causes of his or her imprisonment, or by the allegation upon oath of the creditors, or some

of the creditors of the said prisoner, that the whole of the debts
due and owing from him or her amount together to two hun-
dred pounds sterling money or the value thereof; then such
prisoner may deliver to the said sheriff a schedule of his or her
whole estate, debts and credits, and also deliver to the said jus-
tices attending, a duplicate thereof, which schedule and dupli-
cate shall be subscribed by such prisoner before the same justi-
ces, who shall thereto subscribe as witnesses; and the same jus-
tices, or any two of them, shall thereupon, at the request of
such prisoner, administer to him or her the following oath, or
affirmation, if a quaker: that is to say, "I, A. B. do affirm, or
solemnly swear, that the schedule which I have delivered to
the sheriff of
county, doth contain a full account, to
the best of my knowledge and remembrance, of my whole es-
tate, both real and personal, or that I have any title to, or inte-
rest in, and of all debts, credits and effects whatsoever, which
I, or any in trust for me, have, or at the time of my petition had,
or am, or was in any respect entitled to, in possession, remain-
der, or reversion; and that I have not, directly or indirectly,
any time since my imprisonment, or before, sold, leased, or
otherwise conveyed, disposed of, or intrusted, all or any part
of my estate, goods, stock, money or debts, thereby to defraud
my creditors, or to secure the same to receive or expect any
profit or advantage thereof; so help me God;" which said dup-
licate shall be by the said justices transmitted to the clerk of
their county court, to be by him preserved in his office, for the
better information of the creditors of such prisoner.

at

March,

1774,

All their

II. AND BE IT ENACTED, That all the real and personal estate of such prisoner, either in possession, reversion, remainder, property to or in trust, for him or her, or in or unto which he or she has any claim or interest whatsoever, or which in any manner may, can or might, be subjected to the payment or satisfaction of cred- lic sale, and

sheriff, who shall dispose of it at pub

seven per

itors, and also all causes of action whatsoever of such prisoner, after deother than for trespasses on his person, or for slander, shall be ducting prisvested in the sheriff aforesaid; (a) and such sheriff is hereby on fees and authorized, empowered and required, to sell and convey the cent, and said lands, tenements and hereditaments, for such estate, use, satisfying interest, right or title, as aforesaid, and also the said goods and judgments, chattels, to any person or persons whatsoever, for the best price bute the resi

(a) By 1797, ch. 117, such estate, rights, &c. (where the trust is not fully executed,) are transferred to the succeeding sheriff, who is to complete the same, and the former sheriff, or his executors, are to account with such succeeding sheriff, who may, in default thereof, bring an action in his own name against such sheriff or executors.

shall distri

due to creditors, in pro

portion to their de

mands.

March, 1774.

Actions in his own name.

Proviso:

that can be got for the same, upon a public sale, whereo shall be given by advertisement, set up at the court-hous and other public places of the county where such land ments, hereditaments, goods or chattels, shall lie or be twenty days at least before such sale, and the balanc money, arising by such sale, after deducting the sum shilling and four-pence current money for each day h keep such prisoner in his gaol, and find him or her victu also seven and an half per cent. for his trouble in the s conveyance of the prisoner's estate as aforesaid, shall a manner following: that is to say, the produce of that part estate and interest of the said prisoner, and which his creditors, by judgment, if any, or any claiming, or wh or may claim under them, who have or shall have any 1 assignment of such judgment, or otherwise, shall pay in wards satisfaction of the said creditors, according to the and priority of their judgments, or their lien thereon, an residue of the said balance shall pay and distribute among creditors of such prisoner who shall apply therefor within days after the aforesaid sale, in equal proportion to the mands, early notice of such design being previously giv advertisements set up at the most public places of the c where such debtor resides, and likewise in the Mar Gazette; and such sheriff shall and may maintain an actio assignee of such prisoner, in his own name, on and for any cause of action as aforesaid; provided, that no judgment after to be rendered against any person applying to be charged as aforesaid, nor any process thereon, shall create lien on the lands, goods or chattels, of such person, whe the creditor obtaining such judgment shall or may have priority in the distribution of the money arising from the of such lands, goods or chattels, to be distributed as afores

III. PROVIDED ALWAYS, That before the sheriff shal obliged to sue in any such action, the creditor or creditor quiring the same shall give a bond to such sheriff, to indem him against any charge that may accrue to him by means of such suit, and in case of recovery and receipt of the deb damages, then the said sheriff shall make distribution of shall be recovered and received to the person or persons gi him such security, rateably and in proportion to their respec demands, saving to such prisoner his or her necessary app and the utensils of trade, not exceeding, in the whole, the v of five pounds current money, to be adjudged and ascertai by the said justices.