|
Bonds may
be given to
the state
instead of
the repre-
sentatives
of the
deceased.
|
SEC. 22. And be it enacted, That it shall not be necessary, if
the county or chancery court, as the case may be, shall deem it
to be for the interest of all persons concerned, for the purchaser
or purchasers of any part of the real estate of any person dying
intestate, which may be sold by commissioners under this act,
or where any one or more of the representatives of such intes-
tate shall elect to take the same, or any part thereof, at the valu-
ation made by commissioners as is by this act allowed and
directed, to give bond to each of the representatives of such
intestate, but that such purchaser or purchasers, or person or
persons who may elect to take such real estate or any part
thereof, shall give bond to the state of Maryland, in such
penalty and with such sureties, as the court from which such
commission may issue, shall direct and approve, conditioned
for the payment of the amount of the valuations or purchase
money, (as the case may be,) to the legal representatives of
such intestate, in such proportions as each may be entitled to
agreeably to the order of the court; which bond shall be and
remain a lien on the said real estate until the money intended
to be secured thereby shall be wholly paid, and the said bond
shall be recorded among the records of the county court from
which the commission may have issued ; and in case the corn-
mission shall have issued from the chancery court then the said
bond to be recorded in the office of the court of appeals for the
western shore ; and upon such bond, or an office copy thereof,
suit or suits may be instituted against the obligors therein, or
any of them, for any breach of the condition thereof by any
person interested therein ; and the plea of non est factum shall
not be received to any such suit unless the same is verified by
the affidavit of the defendant or defendants tendering the same.
|
|
Allowance
to the com-
missioners,
&c and
bow to be
paid, &c.
|
SEC. 23. And be it enacted, That the chancellor or the respec-
tive county courts as the case may be, shall be and they are
hereby authorized and empowered, to allow to each commis-
sioner, for every day he shall necessarily attend in the execu-
tion of such commission, a sum not exceeding two dollars per
day, and to the surveyor employed by them (when necessary,)
a sum not exceeding six dollars per day, for himself and chain
carriers, and such other expenses as they may deem reasonable
and proper, all which allowances and expenses, together with
the fees on the issuing and return of such commission, shall be
paid by the representative or representatives as the case may be,
applying for the commission, when the lands or estate are di-
vided, or by the representative making his or her election to
take the estate; and such representative or representatives, as
|
