LAWS OF MARYLAND.— 1802.

471

ment, of confiscated property, in pursuance of this act, deeds
shall be executed by the chancellor to the purchaser or pur-
chasers, in the same manner as for other confiscated property
heretofore disposed of.
See 1785, ch. 66, sec. 5, and 1814, ch. 103.

Deeds to
be executed
by chancel-
lor.

SEC. 12. And be it enacted. That in all cases where bonds
shall be taken in virtue of this act, such 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 particularly mentioned in a schedule
to be annexed to the said bond, in which case it shall be a lien
on the property contained in such schedule, and no more, such
bond and schedule to be lodged with the treasurer of the
western shore, and all such bonds shall express the county in
which the obligors respectively reside; and the treasurer of the
respective shores shall, within one month after they receive
them respectively, cause them, with the schedules annexed to
them, to be recorded in the office of the clerks of the western
and eastern shores respectively, at the expense of the obligors,
and a copy of said record, certified under the hand and official
seal of the clerk in whose office the same record shall have
been made, shall be as good evidence in any court of law or
equity in this state as the original bond would be if it was
produced.

Bonds to
a lien on
property.

SEC. 13. And be it enacted. That the governor and council be
and they are hereby requested to make communications to the
next general assembly of the several proceedings under this act.
SEC. 14. And be it enacted, That the governor and council be
and they are hereby authorized to allow to any person whom
they shall think proper to appoint to sell any real property
directed to be sold in virtue of this act, a sum not exceeding
three per centum on the amount of any sale.

CHAPTER 101.

Proceed-
ings under
this act to
be commu-
nicated to
general
assembly.

Commis-
sion allow-
ed.

A SUPPLEMENT to an ACT* for amending and reducing into system, the
laws and regulations concerning last Wills and Testaments, the duties of
Executors, Administrators and Guardians, and the rights of Orphans
and other representatives of deceased persons.
See original act and the notes thereto, ante page 370.

* 1798, ch.
101.

SEC. 1. Be it enacted by the General Assembly of Maryland,
That if an executor or administrator conceives that he hath not
assets sufficient to discharge the claim, or any part thereof, for
which a suit shall be brought against him, he may plead the
fact, and a trial by jury shall be had thereupon ; and if, on any
trial so had against an executor or administrator, and the debt
or demand of the plaintiff shall be contested, and there be any
other issue joined than upon the subject of assets, the jury, if

Executor,
&c. con-
ceiving be
has not
assets to
discharge
claim for
which he is
sued, may
plead the
fact, and a