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Proceedings and Acts of the General Assembly, 1769-1770
Volume 62, Page 311   View pdf image (33K)
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Acts. 311


part of her claim aforesaid as may remain unpaid after a full and
just Administration & application of the Personal Estate aforesaid
of the said Richard Heard, Secondly to the said Hugh Hopewell
his Tobacco Claim aforesaid and Legal interest thereon and his cost
of suit on his Judgment aforesaid Thirdly to Reimburse the said

Liber R. G.
1770

John Heard such sums of Money and Tobacco as he has paid or
is Obliged to pay as Security aforesaid for the said Richard Heard
after a full application of the whole personal Estate of the said Rich-
ard Heard to the Payment of the Creditors aforesaid And lastly to
the Payment of the Simple Contract Creditors of the said Richard
Heard who shall Deliver to the said John Heard Legal Vouchers
of their claims within three Months after such sale or sales in Pro-
portion to the respective claims so delivered in and the Money and
Tobacco in hand and unapplied as aforesaid deducting thereout the
necessary Charges of such sale and sales and the expence of Obtain-
ing this Law And to the end that the said sale or Sales shall be fairly
made and the money and Tobacco arising therefrom duly applied

Be it further Enacted that the said John Heard shall before such
sale or sales give -Bond with Sufficient Sureties to the Deputy Com-
missary of Saint Marys County for the time being in the same
manner and form as is usual in cases of intestates estates (which
same Bond shall be by him transmitted to the Commissary General)
with Condition to the same That the said John Heard shall and
will in all things fulfill and Perform the Directions of this Act with
respect to the sale or sales aforesaid and the Application of the Money
and Tobacco arising by such sale and Sales and shall and will within
six Months from such sale or sales pass and settle an Account thereof
with the Deputy Commissary of the County aforesaid for the time
being to be by him transmitted as aforesaid to the Commissary
General as aforesaid Provided always that no sale or Sales of the
said Lands or Real Estate or any part thereof of the said Richard
Heard shall be had or Made in Pursuance of this Act untill the said
John Heard shall have passed an Account with the Deputy Com-
missary of the County aforesaid for the time being upon the Personall
Estate of the said Richard Heard whereby it may appear what the
true and full amount of the said Personal Estate really is and
thereby be clearly known whom of the Creditors of the said Richard
Heard remain unpaid or cannot be paid by an Application of the said
Personal Estate in a due and legal course of Administration And
Provided also that this act shall not extend to impower the said
John Heard to burthen or charge the Orphan or Orphans of the
said Richard Heard or any Person or persons Claiming by from
or under him them or any of them with any other Warranty than
against the said Richard Heard and his heirs Saving to Barbara
Heard the Widow of the said Richard Heard her right and title

p. 50



 
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Proceedings and Acts of the General Assembly, 1769-1770
Volume 62, Page 311   View pdf image (33K)
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