XI. AND BE IT ENACTED, That all cases in chancery,
where no compromise under this act is
effected, shall be placed under the direction of the agent, who is hereby
authorised and required to
call on the attorney-general to prosecute or defend the same to immediate
final decision; and the
governor and council are hereby authorised and empowered, at the request
of the agent, in cases of
difficulty to aid the attorney-general, by employing any person to attend
to surveys where necessary,
or otherwise to assist in the prosecution or defence of said suits, which
person or persons are to be
paid out of the contingent fund of five hundred pounds; and the names of
the persons so employed,
together with the sum allowed for their services, to be laid before the
general assembly at their next
session.
XII. AND BE IT ENACTED, That if any bond debtor
to the state for confiscated property purchased,
or otherwise, shall neglect to make payment, agreeably to the condition
of his bond, and sundry
resolves of the general assembly, the said agent shall cause process to
issue for the whole principal and
interest then due, or shall proceed on any execution already issued, and
served and suspended, as occasion
may require, or, under the directions and with the approbation of the governor
and council,
he is hereby authorised to delay any execution as long as they may think
expedient and necessary.
XIII. AND BE IT ENACTED, That the said agent
be authorised to superintend the collection of all
balances due on bond taken for taxes due before the first day of January,
one thousand seven hundred
and eighty-three; and the said agent shall also superintend the collection
of all balances due on bonds
installed, or otherwise, for the emissions of paper money of seventeen
hundred and sixty-nine, and
seventeen hundred and seventy-three.
XIV. AND BE IT ENACTED, That no process shall
issue against any of the public debtors, unless
by the direction of the said agent.
XV. AND BE IT ENACTED, That the said agent
shall have power to fix such days of sale of property
taken by fieri facias, at the suit of the state, as he may think
proper, always taking care to
give at least thirty days public notice thereof, and the said agent shall
also have power to suspend
the sales, from time to time, as he may think most to the advantage
of the state.
XVI. AND BE IT ENACTED, That the said agent
shall pay into the treasury, in specie, the amount
of all specie by him received in the discharge of the duties of this act.
XVII. AND BE IT ENACTED, That in all cases
where bonds shall be taken in virtue of this
act, the bonds shall be a lien on the real property of the obligors from
the date thereof, or on
so much of the said real property as the governor and council shall think
sufficient, to be particularly
mentioned in a schedule to be annexed to the said bond, in which case it
shall be a lien on
the property contained in such schedule, and no more, such bond and schedule
to be lodged with the
treasurer of the western shore.
XVIII. AND BE IT ENACTED, That all bonds taken
in virtue of this act shall express the county
in which the obligors respectively reside, and the treasurer of the western
shore shall, within one
month after he receives them respectively, cause them, with the schedule
annexed to them, to be
recorded in the office of the clerk of the general court of the western
shore and the expence of the
obligors; and a copy of the said record, certified under the hand and official
seal of the said clerk,
shall be as good evidence in any court of law or equity in this state as
the original bond would be if
it was produced; and if any of the obligors in any such bonds reside on
the eastern shore, the said
treasurer shall, within six months from the time he receives the same respectively,
transmit to the
clerk of the general court of the eastern shore, in the same manner as
papers on public service are
transmitted, a copy of such bonds and schedules, certified as aforesaid
by the clerk of the general
court of the western shore, to be recorded in the office of the clerk of
the general court of the eastern
shore, at the expence of the obligors, and, in such case, a copy of
the said record, certified as aforesaid
by the clerk of the general court of the eastern shore, shall be good evidence
as aforesaid.
XIX. AND BE IT ENACTED, That the said agent
shall render to the treasurer of the western shore
distinct quarterly accounts of his receipts of all money, certificates
and bonds, in virtue of this act,
and shall immediately thereupon pay and deliver the same to the said treasurer,
who shall, in his annual
report to the general assembly, state fully and particularly the money,
certificates and bonds,
by him received from the said agent, and the times when the same were received
and accounted
for. |
CHAP.
LXII.
Agent to call
on the attorney-general,
&c.
Debtors may be
sued, &c.
Agent to superintend
the collection,
&c.
No process to
issue, &c.
Agent to fix
days, &c.
And pay in
specie.
Bonds to be a
lien.
And to express
the county, &c.
Accounts to be
rendered quarterly,
&c. |