422 Acts Passed at the Session, April 26- May 3, 1704.

Lib. L. L.

No. 2.

minions thereunto belonging Queen Defender of the faith &c^a
with the
I will this to be a Law. Jo Seymour great Seale
of Maryland
Sealed

p. 442

An Act for the Sale of part of the Lands of Captaine Henry
Smith late of Sumersett County for the Payment of his
Just debts.

Whereas Captaine Henry Smith late of Somersett County
within this Province had not long before his decease procured
Captaine Arnold Elzey and M^r Richard Chambers both of the
County afd to his Special bayle to an Accon then depending
in the Provincial Court of this Province at the suit of Thomas
Jones Gent did after Judgment given against him in the said
Court absent himself out of this Province and Shortly after
dyed so th^t the Plantiffe Thomas Jones could not obtaine the
Effect of his Judgment by taking him in Execution and there-
fore brought a Scire facias against the Bayle who were put to
Great Charges thereby and Condemned in the Sume of One
hundred and Sixty pounds nine shillings and Eleven pence
besides Costs of Suit and other Considerable Expences to
their utter Ruine if not Relieved by this Grail Assembly.
Wherefore This Generall Assembly being Satisfyed that altho
the said Captaine Henry Smith left no psonal Estate where-
with to Satisfy the debt and Claime of the afd Arnold Elzey
and Richard Chambers his Special bayle but that at the time
of his death he was Possessed of diverse and Sundry consider-
able Tracts of Land in Somerset County afd in which he was
seized in fee over and above what were sufficient to Pay and
Satisfy the Claime of the said Arnold Elzey and Richard
Chambers and it being highly reasonable they should be
indemnifyed from the said Smiths real Estate have Prayed
that some sufficient Parte may be sold & Applyed to that end
Be it therefore Enacted by the Queens most Excellent
Majesty by and with the Advice and Consent of her Majties
Governour Councill and Assembly of this Provivce and the
Authority of The same that Colonel William Whittington
Captaine John West & M^r Peter Dent of Somerset County

p. 443

be and are hereby Authorized and Impowered qualifyed and
appointed to be Commissioners and Trustees for the Selling
and disposing of such and so much of the Lands of the said
Henry Smith lying and being in Sumerset County afd as will
be Sufficient to Satisfy the Clayme of and Indemnify the
Special bayle as aforesd for what damage they shall make