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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 414   View pdf image (33K)
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414 Assembly Proceedings, June 15-July 3, 1773.

Liber R. G.
1773

make sale of such real and Personal Estate by Publick Vendue
after thirty Days Publick Notice at the least and of all the Interest
of the said Absconding person in the same and Deeds Bills of Sale
and other Conveyances to make and Execute which Deeds and Con-
veyances and every of them so made and executed for the Estate
be it Legal or Equitable real or personal of such absconding person
or any part or parcel thereof shall be good Valid and Effectual in
Law to all intents and purposes whatsoever against the said Ab-
sconding person his or her heirs Executors and Administrators and
all Person and Persons claiming by from or under him her or any
of them who could not under the Laws now in being and this Act
Defend his her or their Property Estate and Possession against the
Creditors of the said Absconding person.

[Trustees to
give publick
Notice of
their Ap-
pointment,
and therein
require
Persons in-
debted to
pay, &c.]

And be it Enacted by the Authority aforesaid that the said
Trustees or any two of them so as aforesaid Appointed shall im-
mediately thereafter if appointed by the County Court give Publick
Notice by Advertisement at the Court House Door and if by the
Provincial Court then in the Maryland Gazette of such their Ap-
pointment and therein require all persons Indebted to the said Ab-
sconding person by a certain Day by them to be appointed in their
said Notice to pay all such sum or Sums of Money and Tobacco
which they owe to the said Absconding person or persons and
deliver all other Effects which he she or they may have in their
Hands Power or Custody belonging to such absconding person as
aforesaid and all Books of Accounts Papers or Evidences what-
soever relating thereto to them the said Trustees and the said Trus-
tees or any two of them shall be and are hereby Enabled and made
Capable to sue for Recover and Receive in their own name or names
all such Estate and Estates as well real as personal Debts and other
Effects Books Evidences and Papers as they shall find due or belong-
ing to the said absconding Person and the same when received shall
apply as herein after directed and the said Trustees may and shall
also take advantage of all Conditions in Favour of the said abscond-
ing Person and make Tenders to save Penalties or defeat Conditions
as the said absconding person might have done and be invested with
all equitable as well as Legal Interests that the said absconding Per-
son had.

[Proviso.]

Provided nevertheless that the said Trustees shall not bring any
Suit or Suits in the Chancery Court for any Equitable Matter unless
at least two thirds in Value of the Creditors (with respect to their

[Persons in-
debted, &c.
not deliver-
ing a just
Account,
Trustees to
bring Suit,
&c.]

Claims) agree thereto, unless at the sole and seperate Cost and for the
sole and seperate Benefit of the Creditors at whose Instance such suit
is brought when less than two thirds in value require the same And
in Case any Person indebted to the said absconding Person or having
other Effects of his or hers in his her or their Hands shall conceal
the same and not deliver a just Account thereof to the said Trustees



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 414   View pdf image (33K)
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