CHAP.
LXII.
And monies
due for duties,
&c.
Notice to be
given, &c.
Agent to dispose
of certain
property, &c.
No payment to
be valid, &c.
Agent to take
back property,
&c.
And may compromise,
&c.
Property taken
back may be
sold, &c. |
IV. AND BE IT ENACTED, That the said agent
be authorised to superintend the collection of all
monies due to the state for naval duties, fines, penalties, forfeitures
and amerciaments, and forfeited
recognizances, and for ordinary, retailers and marriage licenses, and to
require payment, and (if
necessary) sue for and recover the same; and the said agent may allow for
insolvencies, and credit
any money that the party is not chargeable with by law, and, for his information
of the law, he
may take the advice of the attorney-general in writing.
V. AND BE IT ENACTED, That whenever there shall
be occasion to expose to public sale the
property of any collector, or his securities, by virtue of any execution
already issued, or to be issued for
this purpose, the said agent shall cause at least thirty days public notice
to be given of such sale, and
shall attend the same, and if it shall appear that there is danger
of losing any part of the debt due to
the state, and not otherwise, shall purchase any property so exposed to
sale for the use of the state, in
payment, or part payment, as the case may be, of the arrearages due by
the collectors whose property
may be so purchased, and that no purchase authorised by this act shall
be considered as made on the
part of the state, unless a public declaration to that effect be made by
the agent or his deputy immediately
after such sale and purchase; and any property so purchased for the use
of the state, the said
agent may again expose to public auction, on the most advantageous terms
for the use of the state, and,
if the same be sold on credit, which shall in no case exceed the term of
two years, the said agent shall
take bond, with good and sufficient security, to be approved of by the
treasurer of the western shore,
from the purchasers of such property, and all bonds by him so taken shall
be deposited, with an accurate
list thereof subscribed by him, in the treasury of the western shore, and
shall be a lien upon
the real property of such purchasers, and their securities, from the respective
dates, or so much
thereof as is mentioned in the schedule thereto annexed.
VI. AND BE IT ENACTED, That the said agent
is hereby directed to dispose of all confiscated British
property that remains unsold, and take bonds to the state, with sufficient
security, and give time for
the payment thereof, not exceeding two years from the first day of January,
one thousand eight
hundred and one; and that when the quantity of land in any one body subject
to such sale exceeds
the quantity of fifty acres, such land shall be disposed of at public sale,
of the time and place of which
sale at least thirty days previous notice shall be given by public advertisement;
and that at the time
of any sale by virtue of this act, the said agent shall make known that
he only sells the right of this
state thereto. and that the state doth not guaranty the title to the same,
or any part thereof, but that
the purchase must be in all respects at the risk of the purchaser.
VII. AND BE IT ENACTED, That no payment in
future by any officer or person indebted to the
state shall be valid and effectual, unless made to the treasurer of the
western or eastern shore, or to
the agent, or unless made to the clerks and sheriffs of the several counties,
in the cases where the
said clerks and sheriffs are by law authorised to receive the same.
VIII. AND BE IT ENACTED, That the agent shall
have full power and authority, by and with the
advice of the governor and council, in all cases of uninstalled debts,
to take back any property
heretofore purchased by ant person and not yet paid for, in cases where
the person so having purchased,
and his securities, are not capable of paying for the same, and to compromise
the same upon
terms and principles of equity and justice, by and with the advice and
consent aforesaid; and the
agent is hereby required to lay a particular statement of his proceedings
under this section before
the next session of assembly.
IX. AND BE IT ENACTED, That the agent, with
the approbation and consent of the governor
and council, be and he is hereby authorised and empowered to compromise
any suit depending in
chancery with any state debtor, upon any terms in their judgment calculated
to promote the interest
of the state, and to obtain the speedy receipt of the sums due.
X. AND BE IT ENACTED, That if, under the terms
of any compromise made as aforesaid, the
property heretofore purchased shall be taken back and revested in the state,
the same may be sold
by the agent, and he is hereby authorised and empowered to sell the same
at public sale, giving thirty
days notice, on a credit of two years, payable, one half of the principal,
and the whole interest annually,
on the first day of December in each year; and the bonds, when taken, shall
be returned to
the treasury of the western shore, and reported to the general assembly
at their session next ensuing
the taking of such bonds. |