became escheat to the state; that the said Henry Peters hath taken
out an escheat warrant thereon,
which is yet in force; that the said John Charles Francois Chirac is the
son of the said John Baptist
Chirac, was always so called and acknowledged by him, and that it was always
the intention of the
said John Baptist Chirac that his said son should inherit and possess,
after his death, the aforesaid lot,
messuages and appertenances, but omitted to make and execute a will for
carrying his said intentions
into effect; that the said John Charles Francois Chirac, being a foreigner
by birth, and having
omitted to become naturalized in the United States, could not inherit and
hold the said property;
and that the said Henry Peters is willing and desirous to relinquish in
favour of the said John Charles
Francois Chirac his the said Henry's right and claim in and to the said
lot, messuages and appertenances,
under the said warrant of escheat, provided the state will also relinquish
to the said John
Charles Francois Chirac its right in and to the premises by virtue of the
escheat aforesaid, which
the said petitioners, by the petition aforesaid, have prayed that the general
assembly will do, and
will pass an act for that purpose: And whereas it appears that the
matters set forth in the said petition
are true, and that the prayer of the said petitioners is reasonable; therefore,
II. BE IT ENACTED, by the General Assembly
of Maryland, That all and singular the right, interest
and claim, of the state of Maryland, in and to the above described lot,
messuages and appertenances,
under and by virtue of the escheat aforesaid, and all the right, interest
and claim, of the said Henry
Peters, in and to the said lot, messuages and appertenances, under and
by virtue of the escheat
warrant aforesaid, shall be, and the same hereby are, vested in the said
John Charles Francois Chirac,
and his heirs and assigns, and that the said John Charles Francois Chirac,
his heirs and assigns,
shall and may take, hold, alien, transfer and convey, the said lot, messuages
and appertenances, and
every part and parcel thereof, in fee-simple or otherwise, in as full and
ample manner, and by like
conveyances, and had and may have and maintain all, any and every action
or actions of ejectment
or trespass for the recovery of the said lot, messuages and appertenances,
and of every part and parcel
thereof, as may be done, made, had, maintained or used, by citizens of
this state with respect
to lands by them severally claimed or held in fee-simple or otherwise,
any thing in any law, usage or
custom, to the contrary notwithstanding; provided nevertheless, that nothing
in this act contained
shall extend, or be construed to extend, to defeat, bar, or in any manner
affect, the right, title or
claim, of any person or persons to the said lot, messuages or appertenances,
or to any part or parcel
thereof by virtue of any will of the said John Baptist Chirac, or of any
descent from him, or by
virtue of any other matter or thing, except the aforesaid escheat and
escheat warrant, but that all
and every such right, title and claim, shall remain and be of the like
force, effect and validity, as if
this act had not passed.
III. PROVIDED ALWAYS, AND BE IT ENACTED, That
the said John Charles Francois Chirac shall
and he is hereby directed to sell and convey the aforesaid lot of ground
and premises to some one citizen
or citizens of the United States, within the term of ten years from
this date, otherwise this
act to be null and void. |
CHAP.
LXVIII.
Right, &c.
vested, &c.
Proviso. |
An ACT relative to the
jurisdiction of the court of appeals.
WHEREAS the authority and jurisdiction of the court of appeals has
never been defined or ascertained,
and doubts have been entertained respecting its authority to pass such
judgment
on a writ of error or appeal as ought to have been given in the court below,
and to enforce such
judgment by execution,
II. BE IT ENACTED, by the General Assembly
of Maryland, That the court of appeals have, and shall
hereafter have, full power and authority, on reversing any judgment, or
part of a judgment, at law,
on a writ of error or appeal brought by a plaintiff, to give such judgment
as ought to have been given
by the court which gave the erroneous judgment; and in any case where the
said court of appeals,
on a writ of error or appeal as aforesaid, hath given or shall give such
judgment as in their opinion
the said court of law ought to have given, the said court of appeals shall
have full power and
authority to enforce their judgment by execution, in the same manner as
the said court of law may
enforce a judgment there given.
III. AND BE IT FURTHER ENACTED, That hereafter
any execution which shall issue from the
court of appeals shall express that it be returnable to the general
court of the western or eastern
shore, as the case may require; and the judges of the said general court
shall be and they are hereby
authorised and empowered to act upon the said return as if the execution
had issued from the said
general court. |
Passed 19th of
Dec. 1800.
Preamble.
Court to have
power, &c.
Execution to
express, &c. |
