Proviso. IV. PROVIDED ALSO, That before any suit shall be brought March, by any sheriff aforesaid, notice shall be given in the Maryland 1774. Gazette for four weeks successively, in order that all the creditors of such prisoner may have an opportunity, if they shall think fit, of joining in the request aforesaid to, and indemnication of, the said sheriff, and thereby entitled to receive rateably what shall be recovered; and the time from discharge of such prisoner as aforeasid, till such suit shall be brought, shall not be effected by any act for limitation of actions, provided such suit be commenced within one year from the time of such discharge; and the creditors, who shall apply and receive any sum or sums of money of the sheriff as aforesaid, shall refund and pay rateably, to such other creditors as shall apply for the same thereafter, the debt or debts due from such prisoner to him, her or them, so that the said last mentioned creditors may receive and be paid in equal proportion, to his, her or their demands; and in case such prisoner as aforesaid shall be liable, on a future breach of a contract by him or her made or entered into, before his or her discharge, the person or persons who shall be entitled as a creditor or creditors of such prisoner, under such breach of contract, shall have and receive his or her satisfaction rateably of the creditors, who shall have received the whole or a proportion of the debts due to them on such distribution as aforesaid; and, to prevent persons who may be committed or charged in execution, or for want of special bail, from lying in prison, until they have spent their substance, wherewith they should satisfy their creditors, and afterwards taking the benefit of this act, when they have nothing left to deliver up to their creditors, no person who shall be so committed or charged, from and after the expiration of this present session of assembly, shall be allowed or permitted to exhibit a petition for the purpose aforesaid, unless such petition shall be exhibited within sixty days after his or her commitment, or be charged in execution, or for want of special bail. V. AND BE IT ENACTED, That after delivering in such Prisoners to be set at lib. schedule and duplicate, and taking such oath or affirmation; and erty after detransmission as aforesaid, the said justices attending, or two of livering them, shall by their order in writing, command the sheriff forth- schedule on with to set at liberty such prisoner, which order shall be suffi- oath, &c. cient to discharge and indemnify such sheriff against any escape or action whatsoever, which shall or may be brought or prosecuted against him by reason thereof; and if any action shall be commenced against any sheriff or justice for performing March. his duty in pursuance of this act, he may plead the general issue, and give this act and the special matter in evidence. 1774. VI. PROVIDED ALWAYS, That notwithstanding such disProviso. charge, it shall and may be lawful for any creditor or creditors, as whose suit such insolvent prisoner was imprisoned, at any time afterwards to sue out a writ of fieri facias, or attachment, against any lands or tenements, goods or chattels, which such insolvent person shall thereafter acquire or be possessed of, by descent, gift, devise, bequest, or in a course of distribution, on any judgment obtained against such prisoner, without previously prosecuting any writ of scire facias, whereby the balance only remaining due on such judgment shall be levied. Prisoners having ob tained a dis bove men tioned, if ed or im VII. AND BE IT ENACTED, That if the said prisoner shall be arrested or imprisoned on any process sued out on any judgment or decree obtained against him or her, for any debt, damacharge as a- ges or costs, contracted, owing or growing due, before his or her discharge as aforesaid, the court out of which such process issued shall and may discharge such prisoner on motion; (a) again arrest- and if the said prisoner shall be arrested or imprisoned on any prisoned, process for the recovery of any debt, damages or costs, conmay be distracted, owing or growing due, before his or her discharge as charged on aforesaid, the court or justice, before whom such process shall be returned, shall and may discharge the party arrested out of custody, on his or her common appearance being entered, without any special bail; provided, that the discharge of the said prisoner shall not acquit any other person from such debt, damage or cost, or any part thereof, but that all such persons shall be answerable for the same, in such manner as they were before the passing this act. motion. Proviso. VIII. PROVIDED ALWAYS, That in case any creditor or creditors of such prisoner shall, on the day appointed for the discharge of the same prisoner, appear at the prison or courthouse aforesaid, before the said justices, before the same prisoner is discharged, and shall allege that such prisoner hath, either directly or indirectly sold, lessened, or otherwise disposed of, in trust, or concealed, all or any part of his lands, money, goods, stock, debts, securities, contracts or estate, whereby to secure the same, to receive or expect any profit or advantage thereof, or to deceive or defraud any creditor or creditors to whom such prisoner is or shall be indebted, and shall also enter into a bond to such prisoner in the penaliy of fifty pounds current money, with such surety or sureties as the (a) By November, 1792, ch. 51, the justices shall not relicve from confinement a person committed for any fine, forfeiture, or costs of prosecution. said justices, or any two of them, shall approve, conditioned March, to pay and satisfy, all damages and costs such prisoner shall 1774. sustain or be put to, by reason of such creditor or creditors objecting against the said prisoner's discharge, and the same allegation being determined and adjudged against the said obligor, and shall lodge the said bond with the said justices, then such justices shall not grant any discharge of such prisoner, but shall wholly stay any further proceeding in order thereto and return the said bond to their next county court the second day of the sitting thereof at farthest; and the justices of the county court aforesaid shall and may hear and determine, in a summary way, such allegation of the creditor or creditors aforesaid, and if the same shall be determined by the said court against such prisoner, then the same prisoner shall have no aid or benefit of this act, and judgment shall pass against him or her for costs; but if the determination of the justices of the county court on such allegation shall be against such creditor or creditors, then the prisoner or prisoners aforesaid, shall, by the said court be immediately discharged, on his or her making, subscribing and delivering in open court, such schedule and duplicate as aforesaid, and there taking such oath or affirmation as aforesaid; and all his or her estate shall thereupon be invested in the sheriff, sold and disposed of, and applied, as if he or she had been discharged by the said three justices or any two of them; and it shall and may be lawful for the said justices of the county court to ascertain and determine the quantum of the damage, if any, that the prisoner hath sustained, by reason of the false allegation of such creditor or creditors, and thereupon adjudge the same with costs to the prisoner, provided such damages and costs shall not exceed the penalty of the said bond. sheriff to prisoners before the IX. AND, to the end that the truth may be the better in- Justices may quired into, IT IS ENACTED, That the justices of the county order the court aforesaid may, at such time or times as they see proper, bring the order the sheriff to bring the body of any prisoner, against whose discharge such objection shall be made as aforesaid, before the same court, and the same prisoner again remand to prison, and may appoint such time as they shall see fit for the trial of the issue, to be joined as aforesaid, which is hereby required to be with as little delay as may be. X. AND BE IT THEREBY DECLARED AND ENACTED, That the damages and costs, so to be recovered by any prisoner as aforesaid, shall not be vested in the sheriff, or in any wise subjected to the benefit of any creditor or creditors. court, &c. Damages, &c. not to be vested in sheriffs. March, 1774. Persons con victed of false swear ing to suffer as in cases of wilful and corrupt perjury. XI. AND BE IT ENACTED, That any person who shall take the oath or affirmation by this act directed, and shall upon indictment be convict of perjury, or of wilfully and corruptly affirming any matter or thing therein contained, such person shall suffer as in cases of wilful and corrupt perjury, and likewise be liable to be taken on process de novo, and charged in execution for his or her debts, and shall never after have the benefit of this act. XII. This act to commence on the first day of October next, and continue in force for three years from that day, and to the Duration. end of the next session of assembly which shall happen after the end of the said three years. Continued for three years, &c. by February, 1777; ch. 17, for seven years, &c. by March, 1780, ch. 21. Expired. Revived and continued to the end of the next session by May, 1788, ch. 10. By November, 1788, ch. 47, this act, and the act of May, 1778, ch. 10, are continued till the end of the next session. By 1789, ch. 59, the act of May, 1788, ch. 10, is continued to 30th October, 1796, &c. and by ch. 60, this act is continued to 30th October, 1790, &c. By 1790, ch. 59, the continuing act of 1789, ch. 60, is continued to 30th October, 1797, &c. By a general continuing act, 1797, ch. 116, it is further continued to 1st November, 1798, &c. and by 1798, ch. 71, this act is continued with its supplements to 30th October, 1805, &c. and then from year to year to 30th October, 1810, and to the end of the next session. Repealed by 1817, ch. 183, Sec. 4. CHAP. LI. November, 1792. Preamble. Persons not to be reliev * A Supplement to an act, entitled, An act for the relief of insolvent debtors. * 1774, ch. 28. WHEREAS doubts have arisen with some of the justices of the peace of this state, whether, under the act of one thousand seven hundred aud seventy-four, to which this is a supplement, they had not power to relieve persons from fines and forfeitures incurred for the breach of the penal laws of this state, and this legislature being willing to declare their opinion of the law, therefore, II. BE IT ENACTED, by the General Assembly of Maryland, ed from the That it shall not be lawful for any judge or justices, in any payment of county in this state, to relieve from confinement, by virtue of fines by the the said law to which this is a supplement, any person who may be committed to the custody of any sheriff for any fine or forfeiture incurred, or to be incurred, for the breach of any law of this state, or for the costs arising on any prosecution. insolvent law. III. AND BE IT ENACTED, That this law be and continue in full force as long as the act to which it is a supplement shall continue. The act of 1774, ch. 28, is continued to 31st of October, 1810, &c. and the several continuances are noted under it. Duration. CHAP. CX. November, 1805. An ACT for the relief of sundry insolvent debtors. Supplements: 1806, ch. 98, 1807, ch. 55, 150, 1808, ch. 71, 1809, ch. 179. WHEREAS, John Sanders, Nathaniel Washington and Elizabeth K. Cartwright, of Saint-Mary's county; James Cook, Preamble. Isaac Younger and James Cruickshanks, of Kent county; Richard Rawlings, of Francis, Robert W. Ellicott, Richard G. Rawlings, Jonathan Waters and Richard Odle, of AnneArundel county; Jonathan S. Hardesty and Levi Butler, of Charles county; Richard Harvey, Thomas B. Randall, John Brown, John Wray, Joseph Pierpoint, Thomas Crain, John Boyd, Patrick Mulligen, Richard Sweeney, Walter S. Hunt, James Maydwell, of Alexander, Benjamin Arnold, Absalom Chenoweth, Francis Mottee, John H. Barney, Peter Stewart, Thomas L. Judge, Thomas N. Vaughan, Jacob Stiler and Horatio Johnson, of Baltimore county; William Tibles, James Cowan, John Simmonds, James Roper, John M. Needles and John R. Bromwell, of Talbot county; Silas C. Bush, Joseph Bruff, Benjamin Polk, Benjamin Wailes, Edward H. Smith, George Vance, William Furniss and John Bruff, Richard Waters, of William, Ezekiel Gilliss and Richard Minish, of Somerset county; Daniel Parker, of Dorchester county; John Porter, Manasseh Logue, Peter Jackson, John Stevenson, Samuel Thompson, Edward Oldham, Thomas Coffield, John Carnan, Abraham Pennington and John Mackey, of Cæcil county; Isaac Peach and Richard G. Hardesty, of PrinceGeorge's county; James Nelson, Benjamin Lusby and John Howenton, of the city of Annapolis; Samuel T. Wright, John Pennington, John Maynor, Andrew Raburgh and Edward Hargadine, of Queen Anne's county; John J. Purnell and Levin Long, of Worcester county; George W. Sykes and William R. Sewell, of Calvert county; Joshua Stevenson, Daniel Kemp, Samuel Coats, junior, David Waggoner, John Dartzboh, William Springer, William James Turner, Basil Pool and |