2332

LAWS OF MARYLAND.— 1839.
ing real estate, shall have like effect and operation as if the

Proviso.

same had been made by the mortgagee in his life time ; Pro-
vided, that no such release or conveyance shall in any manner
prejudice the right of any assignee of the debt secured by said
mortgagee who shall claim the same under an assignment in
writing signed by the mortgagee in his life time, and shall have
possession of the bond, note or other evidence of said debt,
unless such assignee shall be a party to the said release or
conveyance.

Release
may be
given by
assignee of
mortgagee.

SEC. 3. And be it enacted, That any release of mortgaged
real estate made in the form prescribed in the preceding sec-
tion after the death of the mortgagee by any assignee of the
debt secured by said mortgagee, claiming an assignment in
writing, signed by the mortgagor in his life time, and having ac-
tual possession of the bond, note or other evidence of debt, shall
have like effect and operation as if the same had been made by

Proviso

the mortgagee in his life time ; Provided, that if at the time of
making any such release there shall be an executor or admi-
nistrator of the mortgagee in being, such executor or adminis-
trator shall be a party thereto,

Release
may be
given by
executor of
assignee.

SEC. 4. And be it enacted, That the executor, administrator
pr other person or persons claiming under, or by virtue of an
assignment in writing signed by such assignee as is mentioned
in the next preceding section and having actual possession of
the bond, note or other evidence of debt as aforesaid, shall have
full power to make any release as aforesaid, as could or might
have been exercised by such original assignee.

Evidence
of debt to
to annexed
to release.

SEC. 5. And be it enacted, That in every case where a re-
lease of a mortgage is made by an assignee thereof, under the
provisions of this act, the assignment in writing, together with
the bond, note or other evidence of debt shall be annexed to
such release and be recorded therewith.

Assignment
of mortgage
not to avoid
payment
without
notice.

SEC. 6. And be it enacted, That no assignment of a mort-
gage, or of the debt thereby secured, shall avoid any payment
to the assignor made by the mortgagor or his representative
at any time before actual notice has been given to the mortga-
gor or his representative of such assignment.

A SUPPLEMENT to the ACT of eighteen hundred and twenty-seven, chapter
one hundred and forty, entitled, an Act for the Education of Indigent
peaf and Dumb of this State.— 1839, ch. 269.

Surplus of
annual ap-
propriation
may be
drawn.

Be it enacted, by the General Assembly of Maryland, That
in case there shall be recommended to the governor of this
state, by the trustees of the poor of the different counties, more
indigent blind children than can be educated under the provi-
sions of the act of eighteen hundred and thirty-seven, chapter
one hundred and seventy-three, any surplus which may an-