CHAP.
LXXX.
Agent to take
back property,
&c.
And may com-
promise, &c.
Property taken
back may be
sold, &c.
Agent to call
on the attorney-
general, &c.
Debtors may
be sued, &c.
Agent to super-
intend the col-
lection, &c.
No process to
issue, &c.
Agent to fix
days, &c.
And pay specie.
Bonds to be a
lien. |
1799.
NOVEMBER.
LAWS OF MARYLAND.
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 purhcased by any person and not yet paid for, in cases where
the person so having pur-
chased, and his securities, are not capable of paying for the same,
and to compromise the same upon
terms and principles of equity and justices, 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 compromoise
any suit depending in
chancery with any state debtor, upon any terms in their judgement 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 puchased should 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 intereste an-
nually, on the rist day of December in each year; and the bonds, when
taken, shall be returend to
the treasury of the western shore, and reported to the general assembly
at their session next ensuing
the taking of such bonds.
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 proscute or defend the same to immediate
final decision; and the
governor and council are hereby authorised and empowered, at the reequest
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 pur-
chased, 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 oc-
casion may require, or, under the directions and with the approbation
of the governor and coun-
cil, 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 one thousand
seven hundred and sixty-
nin, and one thousand seven 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 pro-
perty taken by fieri facias, at the suit of the state, as he may think
proper, always taking care to
give at least twenty 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 par-
ticularly |