| DEC. 1813.
CHAP. 102.
Sales shall be valid. |
LAWS OF MARYLAND.
2. AND BE IT ENACTED, That any sale so to be
made by any
sheriff or coroner, in virtue of any such writ of venditioni exponas
as aforesaid, shall be as valid and effectual as if the same had been
made by the sheriff, coroner, or elisor, who had seized and taken
the said goods or chattels, lands or tenements, under the writ of
fieri facias. |
Sheriff to execute
a deed. |
3. AND BE IT ENACTED, That in case of the
sale of any lands
or tenements under and in virtue of any writ of venditioni exponas
as above mentioned, the sheriff or coroner who shall have sold the
same shall execute to the purchaser or purchasers thereof a deed
of conveyance therefor, and such deed of conveyance, being acknowledged
and recorded according to law shall be as operative in
law to every intent as if the sheriff or coroner, in virtue of a writ
of fieri facias to him directed and delivered for that purpose,
had
seized and taken such lands or tenements and exposes the same to
sale as aforesaid. |
Sheriff, &c. dying
before executing a
deed, court to direct
a deed to be
executed. |
4. AND BE IT ENACTED, That in case any sheriff,
coroner or
elisor, hath made or shall make sale of any lands or tenements,
and hath died without executing a deed of conveyance to the purchaser
or purchasers thereof, it shall and may be lawful for the
court, out of which the writ of fieri facias or venditioni exponas,
(as the case may be,) hath issued or shall issue, on application of
the purchaser or purchasers, or his or their legal representatives,
to order and direct the sheriff for the time being, or some one of
the coroners, (as the case may be,) of the county in which the said
lands or tenements sold as aforesaid may lie, to execute a deed of
conveyance to the purchaser or purchasers, his or their legal representatives,
for the lands or tenements sold and purchased as
aforesaid, and such deed of conveyance, being acknowledged and
recorded according to law, shall be as operative in law, to every
intent, as if the sheriff, coroner or elisor, who made or shall make
such sale, had in his life time executed the said deed of conveyance. |
Sale not being
made at death of
sheriff, &c. executor
not to exact
more than one half
poundage fees. |
5. AND BE IT ENACTED, That in case any sheriff,
coroner or
elisor, shall die without having made sale of the goods or chattels,
lands or tenements, seized and taken under and in virtue of any
writ of fieri facias as aforesaid, his executor or administrator
shall
not charge, exact or receive, more than one half of the poundage
fees allowed by law; and that the sheriff or coroner who shall make
sale of any such goods or chattels, lands or tenements, under and
in virtue of a writ of venditioni exponas to him directed and delivered
for that purpose as herein before mentioned, shall not
charge, exact or receive, more than one half of the poundage fees
as aforesaid. |
Sheriff, &c. dying
before return day
of writ, plaintiff
may procure a duplicate,
&c. |
6. AND BE IT ENACTED, That in case any sheriff,
coroner or
elisor, shall seize and take into his hands or possession any goods
or chattels, lands or tenements, under and in virtue of any writ of
fieri facias to him directed and delivered for that purpose,
and such
sheriff, coroner or elisor, shall die before the return day of such
writ of fieri facias, or without having made any return of such
writ, then and in every such case the plaintiff or plaintiffs in any
such writ, or his, her or their representative or attorney at law,
shall and may, if before the return day of such writ, obtain a duplicate
thereof, or if after the return day, obtain a new writ directed
to the then sheriff, or to some one of the coroners of the county, |
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