LAWS OF MARYLAND.— 1785.

213

self aggrieved ; and judgment may be by such party recovered
upon such action for the damages by him actually sustained,
and the plea of tion est factum shall not be received to any
such action, unless the same is verified by the affidavit of the
defendant or defendants tendering the same.

SEC, 9. And be it enacted, That all sales by the direction of
the chancellor under the authority of this act, except in the case
where a sale is directed to be made for ready money as afore-
said, shall be made upon such terms and conditions as the
chancellor shall determine; and in case any sale shall be made
on credit, the chancellor may, upon application of the mort-
gagee or creditor, direct any bond taken in consequence of such
sale to be assigned to such mortgagee or creditor; and the
assignee or assignees respectively may sue and maintain actions
in their names against the obligor or obligors in such bonds.

Chancellor
may direct
the terms,
&c.

SEC. 10. And be it enacted. That in all cases where there
hath been, or may hereafter be, an appointment of a trustee or
trustees by last will and testament, to execute any trust, and
any person interested in the execution of such trust shall make
appear to the chancellor, that it is necessary for the safety of
those interested in the execution of such trust, that the trustee
or trustees should give bond and security for the due execution
of the trust, it shall and may be lawful for the chancellor to
order and direct that such bond be given by the trustee or trus-
tees, on or before a day by the chancellor to be appointed ; and
if bond, with such security as may be approved by the chan-
cellor, shall not be given by such trustee or trustees, agreeably
to such order, then the chancellor may displace such trustee or
trustees, and appoint one or more trustee or trustees in his or
their stead, who shall give bond and security, to be approved by
the chancellor, for the due execution of the trust; and all bonds
taken in virtue of this power shall be made payable to the
state, and shall be filed and kept by the register in chancery,
and also by him recorded, and upon any breach of the condi-
tion, suit may be brought by any person interested, either upon
the original bond or a copy of the record, and the plea of non
est factum shall not be received in such suit, unless it be veri-
fied by affidavit of the defendant or defendants.

Trustees to
give bond,
&c.

SEC. 11. And be it enacted. That in case any deed hath been
or shall hereafter be executed, to the validity of which record-
ing is necessary by law, and such deed hath not been, or shall
not be, recorded agreeably to law, without any fraudulent de-
sign or intention of the party claiming under such deed, that
the chancellor shall have full power and authority, upon appli-
cation of the party claiming under such deed, and summoning
and hearing the party making such deed, his heir, devisee,

Chancellor
may order
deeds to be
recorded,
&c.