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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 430   View pdf image (33K)
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430

LAWS OF MARYLAND.— 1800.

 

chancellor shall have full power and authority to order a sale or
sales to be made of the whole, or so much of the property of
such idiot, lunatic or person non compos mentis, as he shall
think proper, and to direct the application of the money arising
from such sale or sales, and the interest thereof, for the purposes
aforesaid, and to direct from time to time in what funds the
money arising from said sales shall be vested, and in all things
to order in the premises as he may deem for the benefit and
advantage of said lunatic.

Sales to be
confirmed
by chancel-
lor.

SEC. 4. And be it enacted. That all sales made by the autho-
rity of the chancellor, under this act, shall be notified to, and
confirmed by, the chancellor, before any conveyance of the pro-
perty shall be made, and bond, with good and sufficient secu-
rity, to be approved by the chancellor, shall be given by the.
person or persons empowered to sell the property as aforesaid,
for the due execution of the trust committed to him or them,
which bond shall be lodged with the register in chancery.

Sum re
maining, to
whom it
shall belong

SEC. 5. And be it enacted. That the principal sum arising
from the sale of the said property, or so much thereof as may
remain unapplied to the use and maintenance of said lunatic,
during the life-time of said lunatic, shall, on the death of the
said lunatic, belong to such person or persons, his, her or their
heirs or legal representatives, as would have been entitled to the
said property in case the same had not been sold.

CHAPTER 69.

Preamble*

An ACT relative to the Jurisdiction of the Court of Appeals.
WHEREAS the authority and jurisdiction of the court of ap-
peals 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,

Court of
appeals, in
certain
cases, to
give judg-
ment, &c.

SEC. 2. 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.
SEC, 3. Merged in 1804, ch. 65.
See the acts of 1804, ch. 55, and 1805, ch. 16, abolishing the then court
of appeals and general court. See also 1805, ch. 10 and ch. 65.



 
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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 430   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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