Arbitration. Reports. Id. s. 2. How disputes corporation, the said board of publie works shall have power to demand and receive a statement of the grounds of said controversy from the parties to the same; and if, in their judgment, there shall be occasion so to do, they shall have the right to propose to the parties to said controversy, or to any of them, that the same shall be settled by arbitration, and if the opposing parties to said controversy shall consent and agree to said arbitration, it shall be the duty of the said board of public works to provide in due form for the submission of the said controversy to arbitration, in such manner that the same may be finally settled and determined; but if the said corporation, or the said person in its employment or service, so engaged in controversy with the said corporation, shall refuse to submit to such arbitration, it shall be the duty of the said board of public works to examine into and ascertain the cause of said controversy, and to report the same to the next General Assembly. 8. All subjects of dispute, arising between all corporations and can be adjusted. any person in the employment or service of such corporation, and all subjects of dispute between employers and employees, employed by them in any trade or manufacture, may be settled and adjusted in manner hereafter mentioned. 9. Whenever such subjects of dispute shall arise as aforesaid, it shall be lawful for either party to the same to demand and have an arbitration or reference thereof in manner following; that is to say, where the party complaining and the party complained of shall come before, or agree by any writing under their hands, to abide by the determination of any judge or justice of the peace, it shall and may be lawful for such judge or justice of the peace to hear and finally determine in a summary manner the matter in dispute between such parties; but if such parties shall not come before, or so agree to abide by the determination of such judge or justice of the peace, but shall agree to submit their said cause of dispute to arbitrators, appointed under the provisions of this act, then it shall be lawful for any such judge or justice of the peace, and such judge or justice of the peace is hereby required, on complaint made before him, and proof that such agreement for arbitration had been entered into, to appoint arbitrators for settling the matters in dispute; and such judge or justice of the peace shall then and there propose not less than two nor more than four persons, one-half of whom shall be employers and the other half employees, acceptable to the parties to the dispute respectively, who, together with said judge or justice of the peace, shall have full power finally to hear and determine such dispute. 10. In all such cases of dispute as aforesaid, as in all other cases, if the parties mutually agree that the matter in dispute shall be arbitrated and determined in a different mode to the one hereby prescribed, such agreement shall be valid, and the award and determination thereon by either mode of arbitration shall be final and conclusive between the parties. Submission to 11. It shall be lawful in all cases for any employer or employee, Id. s. 5. by writing under his hand, to authorize any person to act for him in arbitration. submitting to arbitration and attending the same. Judgment and 12. Every determination of dispute by any judge or justice of Id. s. 6. the peace shall be given as a judgment of the court over which said execution. judge presides, and of the justice of the peace determining the same; and the said judge or justice of the peace shall award execution thereon as upon verdict, confession, or nonsuit; and every award made by arbitrators appointed by any judge or justice of the peace under the provisions hereof, shall be returned by said arbitrator to the judge or justice of the peace by whom they were appointed; and said judge or justice of the peace shall enter the same as an amicable action between the parties to the same in the court presided over by said judge or justice of the peace, with the same effect as if said action had been regularly commenced in said court by due process of law, and shall thereupon become a judgment of said court, and execution thereon shall be awarded as upon verdict, confession, or nonsuit, in the manner provided in section 1 of this article, subtitle Arbitration and Award; and in all proceedings hereunder, whether before a judge or justice of the peace, or arbitrators, costs shall be taxed as are allowed by law in similar proceedings, and the same shall be paid equally by the parties to the dispute. Such award shall remain four days in court during its sitting, after the return thereof, before any judgment shall be entered thereon, and if it shall appear to the court within that time that the same was obtained by fraud or malpractice Fraud or surin or by surprise, imposition or deception of the arbitrators, or with- prise. out due notice to the parties or their attorneys, the court may set aside such award and refuse to give judgment thereon. Time award to remain in court before judg ment. XI.-INSOLVENTS. 1. Application for relief, to what court and how made; time. 2. Court to appoint trustees; petitioner to convey to trustee. 3. Court to fix day for insolvent to answer interrogatories; notice. 4. When to be discharged; effect of discharge. 5. Discharge of insolvent not to release indorser or security. 6. Person guilty of fraud not to be discharged. 7. Confession of judgment or assignment to defraud creditors by insolvent, void. 8. Effect of judgment or decree confessed for purpose of defrauding creditors. 9. Creditor colluding with insolvent to forfeit claim. 10. Estate how to be distributed; when creditor to acquire lien by levy. 11. Trustees may be removed. 13. What deeds for benefit of creditors valid. 15. Property not mentioned in schedule sub- 16. How far clerks of courts may act in recess of court. 17. Court of Common Pleas may appoint a 18. Trustees' commissions. 1. Any person being insolvent may apply, by petition, to the Art. 48, s. Circuit Court for the county where such insolvent resides, or to the 1854, e. 193, s. 1. Application for relief, to what court and how made. 6 Md. 308; 14 365; 30 Md. 128; Md. 401. Court of Common Pleas, if the insolvent resides in the city of Baltimore, stating that he is insolvent and offering to deliver up, Md. 14; 25 Md. for the benefit of his creditors, all his property, real and personal, 231: 27 Md. 28; and exhibiting therewith a schedule of his property and a list of 32 Md. 1, 225; 40 the debts due from and owing to him, with the names of his debtors and creditors, all verified by affidavit, and shall annex to his petition an affidavit that he will deliver up and convey to such trustee as the court may appoint, for the benefit of his creditors, all the property, estate, rights, and claims of every description, to which he is in any manner entitled, the necessary wearing apparel and bedding of himself and family, or such property as may by law be exempted from execution excepted, and that he has not at any time sold, lessened, transferred, or disposed of any part of his property for the use or benefit of any person, or intrusted any part of his money, or other property, debts, rights, or claims, thereby to delay or defraud his creditors, or any of them, or to secure the same, so as to receive, or expect to receive, any profit, benefit, or advantage himself therefrom; provided, that the said applicant has at no time within two years previous to his said application been discharged under any insolvent law of this State. Time. Id. s. 2. 1854, c. 193, s. 2. Court to appoint trustees. Md. 14; 15 Md. 545; 26 Md. 368; 30 Md. 262; 32 Md. 552. Petitioner to convey to trustee. Id. s. 3. 1854, c. 193, s. 3. 2. The court shall then appoint a trustee for the benefit of the creditors, who shall give bond to the State, with surety for the faithful discharge of his trust, and the insolvent shall convey to such trustee all his property and estate of every description, and upon the approval of such bond, all the property of every description, rights, and claims of the insolvent, as well such as are enumerated and described in his schedule, as the property, rights and claims which are not so enumerated and described, shall vest in the said trustee, except as before excepted. 3. The said court shall then fix a day for the insolvent to appear Court to fix day and answer such interrogatories or allegations as his creditors, indorsers, or sureties may propose or allege against him, and shall order not less than three months' notice of said day to be given by such insolvent to his creditors in such manner as the court may for insolvent to answer interrogatories. Notice. Id. s. 4. 1854, c. 193, s. 4. 267; 34 Md. 280. direct. 4. If the creditors, indorsers, or sureties shall fail to make any allegations or propose any interrogatories, or if the same shall be answered satisfactorily or determined in favor of the insolvent, the Md. 194; 32 Md. court shall discharge the insolvent from all debts and contracts made before the filing of his petition, and he shall be released from all such debts and contracts, and such discharge and release shall embrace all cases where he is indorser or surety, and he shall not be liable to pay any joint contractor, surety, or indorser who may pay any debt or perform any contract after the filing of his petition, which was entered into before the filing of such petition. Effect of discharge. Id. s. 5. 1854, c. 193, s. 5. Discharge of in 5. The discharge of any person under this article relating to solvent not to insolvents is not to release any other person who may be liable as indorser, surety or otherwise. release indorser or security. 1854, c. 193, s. 6. of fraud not to 11 Md. 453; 13 6. No person shall be released or discharged under this article Id. s. 6. relating to insolvents who has conveyed, concealed, or disposed of Person guilty his property to defraud or delay his creditors, or prevent the same be discharged. from being applied to the payment of his debts, or who has within Md. 164: 17 Md. one year of the time of filing his petition, by the conveyance or 3525 d. 281; assignment of his property, or debts or claims, or payment of money, given an undue and improper preference to any of his creditors. 27 Md. 317. 1854, c. 193, s. 7. defraud credi 25 Md. 231, 486; 7. Any confession of judgment, and any conveyance or assign- Id. s. 7. ment, made by any insolvent under this article relating to insol- Confession of judgment or vents for the purpose of defrauding his creditors or giving an undue assignment to preference, shall be void, and the property or thing conveyed or as- tors by insolv signed shall vest in the trustee, and all acts done by a petitioner ent, void. before his application, when he shall have had no reasonable expec- 40 Md. 414. tation of being exempted from liability to execution, on account of his debts or responsibilities, without petitioning for the benefit of the insolvent laws, shall be deemed to be within the meaning and purview of this section. Id. s. 8. 1854, c. 193, s. 8. Effect of judg confessed for ment or decree 8. Any judgment or decree confessed to give an undue preference to any creditor, or for the purpose of defrauding any creditor, shall be void and excluded in the distribution under this article re- frauding credilating to insolvents. 9. Any creditor who shall collude with the insolvent to make his claim appear larger than it justly is, shall forfeit his whole claim for the benefit of the other creditors. the no 10. The estates of the insolvents shall be distributed under order of the court, according to the principles of equity, and creditor shall acquire a lien by fieri facias or attachment unless the same be levied before the filing of the petition. a purpose of de tor. Id. s. 9. 1854, c. 193, s. 9. ing with insolyent to forfeit claim. Id. s. 10. 1854, c. 193, s. 10. Estate how to be distributed. 13 Md. 371: 22 Md. 375; 24 Md. 11; 26 Md. 367; Id. s. 11. 1854, c. 193, s. 11. be removed. Id. s. 12. 1854, c. 193, s. 12. 30 Md. 235; 32 Md. 70, 225, 241. When creditor to acquire lien by levy. 11. The said courts, or the judge thereof in the recess, may remove any trustee for misconduct, or may, at discretion, discharge trustee who applies to be discharged. 12. The said courts, or the judges thereof, shall prescribe the penalty of the bond of the trustee, and approve the security therein, and may order new surety to be given, and remove, on failure to com- 32 Md. 225. ply, and shall have the same power and control over trustees under this article, relating to insolvents, which courts of equity have over trustees appointed by decree to sell property. bond. 1854, c. 193, s. 13. tors valid. Md. 598; 40 Md. 13. No deed or conveyance to a trustee for the benefit of creditors Id. s. 13. generally, shall be deemed fraudulent, or a fraudulent or undue pref- What deeds for erence, because of a condition requiring the creditors to release the benefit of credidebtor, and depriving any creditor, who refuses to release, of all 13 Md. 164; 33 benefit from property so conveyed in trust, but all such deeds of 414. trust are hereby declared to be valid, and shall not be set aside, either at the suit of a trustee under this article, or at the suit of any creditor. Id. s. 14. 1854, c. 193, s. 14. On failure to give notice, 14. If any insolvent shall fail to give the notice to his creditors herein required, or shall fail to appear, the court may fix another court may order day, and order new notice, in its discretion. new notice. Id. s. 15. 1827, c. 70, s. 8. 1854, c. 193, s. 15. Property not schedule subject 221. Id. s. 16. 1854, c. 193, s. 16. How far clerks of courts may act in recess of court. Id. s. 17. missioner. 15. Any property or debts not mentioned in the schedule of any insolvent, may be taken under a fieri facias or attachment, at the suit of any creditor, except such as may be exempted by law; but nothing in this section shall be construed to impair the right and title of the trustee to such property or claims as provided by this article, relating to insolvents, but shall only operate to give the judg ment creditor who shall discover such property, or claims, a priority to be paid out of the proceeds thereof. 16. The clerks of the Circuit Courts may receive the petitions under this article, relating to insolvents, and appoint a trustee for the benefit of the creditors, take and approve his bond, and take the acknowledgment of the deed to the trustee, and fix a day for the insolvent to appear and answer interrogatories or allegations, and order notice to be given to the creditors, under such rules as the Circuit Court may prescribe, and shall receive, as compensation, one dollar. 17. The Court of Common Pleas may appoint a commissioner who shall have the power vested in the clerks by the preceding sec appoint a com- tion, and shall also receive the answers of insolvents to interrogatories, and report on such interrogatories and answers to the court, and shall receive such compensation as said court may prescribe, to be paid by the parties applying for the benefit of this article, relating to insolvents, and shall not be less than two dollars, nor more Pay and duties. than five dollars to each applicant, and all sums of money received from such applicant. by the said commissioner, beyond the aggregate of twelve hundred dollars per annum, shall be paid into the treasury of the State. Id. s. 18. Trustees' com missions. Id. s. 19. Creditor may 25 Md. 231. 18. The commissions allowed trustees are not to exceed eight per centum. 19. Any creditor may examine orally an insolvent, or any one to 1854, c. 193, s. 19. whom he has conveyed property, or may have an issue made and examine orally. tried by a jury, and any creditor may file allegations of fraud at any time within two years after the time of the final discharge of an inMay have issues solvent, and have issues made thereon and tried by a jury, and if such issues be found against the insolvent, his discharge and reagainst insolv- lease shall be annulled and rescinded, and in any case of objection to the release of an insolvent, whether by interrogatories or otherwise, the party against whom the decision is made shall pay costs, as in other cases. tried. Issues found ent, discharge to be annulled. Art. 48, s. 21. 1830, c. 145; Not to apply to fines and forfeitures. 20. This article, relating to insolvents, is not to apply to fines 1854, c. 193, s. 21. and forfeitures for violating the laws of this State, or the ordinances of any municipal corporation, but any person imprisoned for thirty days for not paying a fine or forfeiture not exceeding fifty dollars, or for sixty days when the fine exceeds fifty dollars, may petition and be released from such fines as if they were common debts. |