340 Assembly Proceedings, September 25-November 2, 1770.

Liber R. G.
1770

being first given in the Maryland Gazette and after such sale as afore-
said to convey by way of Bargain and sale or by any other Conveyance
to any person or persons who shall bid and give the highest price
therefor as freely and Effectually to all intents and purposes as if the
said Francis Baker was himself in his own right seized of & in the
like estate in the Lands aforesaid respectively as the said Henry
Baker was Seized of at the time of his Death and the Money arising
by such sale or sales after Deducting the reasonable Expence thereof
and of this Act to apply and dispose of in the Payment and satis-
faction of the said Henry Bakers Debts if the same shall be sufficient
fully to satisfy and pay all the Just Debts of the said Henry Baker
and if the same shall not be Sufficient to pay and satisfy all the just
Debts of the said Henry Baker then after Payment of all Debts
of Superior Degree the residue shall be after deducting the same
Commission to the said Francis Baker as by Law is allowed to
Executors and Administrators divided amongst the simple contract
Creditors of the said Henry Baker rateable and in Proportion to the
sums of their Debts And to the end that the sale or sales of the said
Lands shall be fairly made and the money arising therefrom duly
applied.
Be it further Enacted that the said Francis Baker shall before
Such Sale or Sales give Bond with Sufficient Sureties to the Deputy
Commissary of Cecil County for the time being in the same manner
and form as is usual in case of intestates Estates (which said Bond
shall be by him transmitted to the Commissary General) with Con-
dition to the same that the said Francis Baker shall and will in all
things fulfil and Perform the Directions of this Act with respect to
the sale or Sales aforesaid and the Application of the Money arising
by such sale and sales and shall and will within six Months from Such
Sale or Sales pass & Settle an Account thereof with the Deputy
Commissary of Cecil 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 any
part thereof shall be had or made in Pursuance of this Act until the
said Francis Baker shall have passed an Account with the Deputy
Commissary of Cecil County aforesaid for the time being upon the
Personal Estate of the said Henry the Testator whereby it may

p. 77

fully appear what the true and full Account of the said Personal
Estate really is And thereby be Clearly known whom of the Creditors
of the said Henry Baker remain unpaid or Cannot be paid by an

Application of the said Personal Estate in due and Legal Course of

Administration
And Provided also that this Act shall not extend to impower the
said Francis Baker to Burthen or Charge the Orphan or Orphans of
the said Henry Baker or any person or persons claiming by from or