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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 258   View pdf image (33K)
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258

LAWS OF MARYLAND.—1790.

 

general court (see 1 Har. and John. 240,) decided, 'that although, in the
opinion of the court the said repealing act in depriving the plaintiff of his
said office, is an infraction of his right and incompatible with the principles
of justice, and does not accord with sound legislation, yet, as the right to
hold the office, and the office was created by the act of assembly, and was
not vested in the plaintiff (the dislocated judge,) by the constitution, and
there being no clause or article in the constitution or bill of rights, prohibit-
ing or restraining the legislature in passing the said repealing act, the court
are of opinion that the said act is not void.'
SEC. 4. Merged in 1804, ch. 68.

CHAPTER 38.

AN additional SUPPLEMENTARY ACT to an act, entitled, an act for enlarging
the powers of the High Court of Chancery.

Preamble.

WHEREAS by au act, entitled, an act for enlarging the powers
of the high court of chancery, passed at a session of the general
assembly of Maryland, begun and held at the city of Annapolis
on Monday the seventh day of November, one thousand seven

* Chap. 72.

hundred and eighty-five,* full power and authority is given to
the chancellor to direct the sale of all lands in this state held by
minors, residents of this state: And whereas by a supplementary
act, passed at a session of assembly begun and held on Monday
the second day of November, in the year one thousand seven

t Chap. 46.

hundred and eighty-nine, t full power and authority is given to
the chancellor to direct the sale of all lands in this state held by
minors, residents of any other state ; and it being reasonable
and right that lands and real property lying in this state, or any
reversion or remainder thereon dependent, belonging to minors,
resident out of the state, or any of the United States, should be
subject to sale for the payment of the just debts due from the de-
ceased person from whom such minors derive their right or title.

Chancellor
may direct
the sale of
land, &c.

SEC. 2. Be it enacted by the General Assembly of Maryland,
That the chancellor shall have full power and authority to direct
the sale of all lands and real property lying within this state, or
any remainder or reversion thereon dependent, belonging to
minors resident out of the state, and the United States, for the
payment of all just debts due from the person from whom they
derive such remainder, reversion or real estate.

Petitioner
to give
notice, &c.

SEC. 3. And be it enacted, That it shall be the duty of the
petitioner or petitioners to the chancellor for the sale of Jarjds or
real property, or any reversion or remainder as aforesaid, to give
such notice, to entitle him or them to a decree against any such
minor or minors, as the chancellor, under all circumstances,
shall deem requisite and proper in each case.
See notes to 1785, ch. 72, ante page 208.



 
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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 258   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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