260 Assembly Proceedings, 1694-1728.

Liber LL, 4

Acts

son of Talbott County shall by Virtue of this Act & any deed or
deeds to be made to the said Thomas Hicks & John Davis or Either
of them & their Heirs duly Executed by the said Comiss^rs be forever
barred from having or recovering any Lands, or Tenements to be sold
by the said Comiss^rs by Virtue of & in Compliance with this Act any
Law Statute or usuage to the Contrary notwithstanding.

p. 476

Provided allso that in Case either of the Comiss^rs aforesaid shall
depart this Life before the Execution and Determination of the trust
hereby in them reposed, That then the other two Surviving Com^rs
or Trustees shall be and they hereby are Empowered to make Choice
of some other third person as a Comis^r or trustee in the stead of the
said Com^r or Trustee so Deced w^ch said third Comis^r or trustee so
elected shall have Equal Right and Priviledge with the other two
Surviving Trustees or Coms^rs and so as often as need shall require by
death of any one Comiss^r or Trustee as aforesaid the two Surviving
Comiss^rs or Trustees shall proceed Immediately in the Manner above
mentioned to the Election of another untill the trust by this Act in
them reposed shall be fully determined.
And be it further Enacted by the Authority Advice and Consent
aforesaid that in Case the Land devised by the will of the said
Thomas Smithson of Talbott County to Mary Wrightson widdow,
shall be sold by the Com^rs or Trustees afores^d that then it shall & may
be lawfull for the said Comissioners and they hereby are Empowered
to allow and pay to the said Mary Wrightson so much Tobb^o or
Money as they shall find she has paid for the Quitt Rents of the said
Land.
Provided Nevertheless and it is the true intent and meaning of this
Act that in Case the psonall Estates & Lands of the said Thomas
Smithson of Talbott County & Thomas Smithson of Dorchester
County shall be found Sufficient to Satisfie and pay all the Dam-
ages that have or shall be Sustained by means of the Warranty afore-
said besides the severall Lands and Negroes in the said Will men-
tioned given or intended to be given to the use of S^t Michaels Parish
in Talbott County and to his Sister Dorothy the Wife of Michael
Fletcher & the heirs of her body & for want of such Issue to the use
of the Freeschool that then the said Comiss^rs shall not in any wise
dispose of the same, but that they shall remain to the use of the said
Devisees according to the Devises in the Will of the aforesaid Col
Thomas Smithson.
Provided allso that in Case the heir or heirs, devisee or devisees of
the said Coll Tho^s Smithson of Talbott County, and Tho^s Smithson
of Dorchester County after the said Comiss^rs have valued the Lands
& personal Estates as aforesaid & assessed the Damages Costs &
Expences by the said Tho^s Hicks and John Davis Sustained & paid
shall be minded or willing to pay and shall pay to the said Thomas