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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Preface 37   View pdf image (33K)
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Introduction. xxxvii

Margaret his wife, executors of the will of John Paca, Jr., of Baltimore
County, to dispose of by public vendue certain lands belonging to the estate
of the late Colonel William Hammond in order to settle a debt of the Ham-
mond estate due to the estate of John Paca, Jr. who had been a surety for
Hammond. It appears that Hammond had mortgaged certain lands to Richard
Moale but was unable to pay off the loan when it fell due. John Paca, Jr.,
who had gone surety for Hammond, paid the amount of the Moale mortgage
and took an assignment of it. The act in question is very lengthy, covering
four pages of this printed record, and involves various legal technicalities
which need not be entered into here. It is, however, a mine of genealogical
information to those interested in the Paca and Hammond families (pp. 332,
338, 340, 370, 427-431). Perhaps it was the legal complications and intricacies
involved that had postponed action in this case for legislative relief over a
period of five years, as the matter had come before every session since
November-December, 1758, by petitions from the executors. An act was
passed [No. XXV] to confirm the sale by Draper Lusby and his wife Frances,
executors under the will of John Hynson, to Matthew Bryan of a tract of
land of one hundred and forty-one acres on Eastern Neck Island, Kent County.
Hynson's will directed that for the payment of his debts, this land be sold and
conveyance of it made within three months of his death. The land had been
put up twice at public vendue before it was finally sold to Bryan, but the deed
could not be executed until after the three months time limitation had expired.
This act validated the sale (pp. 327, 330, 338, 340, 508-510). There was also
passed an act [No. XXX] empowering Richard Richardson, Jr. of Frederick
County, the heir at law of Richard Richardson, Sr., late of Frederick County,
deceased, to sell certain lands belonging to his father's estate, and after the
payment of his debts, to divide the proceeds between the children of the testator
as provided in the will. The will had directed that the land be sold by the
executors, but as those appointed under the will had refused to serve, the terms
of the will could not be carried out. The act empowered the son to make the
sale and to distribute the proceeds (pp. 327, 330, 373, 375, 381, 514.516).

"A considerable amount of proposed legislation which originated in the Lower
House at this session failed to receive approval in the Upper House. An
attempt by the Lower House to make more stringent the act already in force
to prevent the use of false standards of English weights and measures was
frustrated by an amendment added to the bill in the Upper House specifying
that one-third of the fines and forfeitures imposed under it should go to the
Proprietary, one-third for county charges, and one-third to the informer.
The Lower House, not wishing any of the fines to go to the Proprietary,
promptly rejected the bill as amended (pp. 354, 362, 371, 376), but at the
1765 session the Lower House had its way when an act relating to weights
and measures was passed which divided the fines and forfeitures equally
between the county and the informer, excluding the Proprietary (Hanson
Laws of Maryland Made Since 1763; acts of 1765, Chap. i). Other Lower
House bills rejected by the Upper House at this session were directed at Roman
Catholics and are discussed in another section (pp. ixv-lxvi).


 

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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Preface 37   View pdf image (33K)
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