1816.
CHAP. 153. |
LAWS OF MARYLAND.
therefor; and the president and managers aforesaid shall pay, or
secure to be paid, the damages so adjudged, before they shall proceed
to open the said road, or remove the said materials; and if
such owner or owners shall reside out of the county, or be under
any legal disability, then the president, on the part of the said
company, shall enter into bond, conditioned for the payment of the
damages assessed, to the person or persons who may be legally
entitled to, and duly authorised to receive the same, and shall
lodge said bond, and a copy of the said valuation, in the office of
the clerk of the county court where the land lies, to be by him recorded,
and upon such bond, or an office copy thereof, suit may be
instituted against the obligor or obligors therein named by any
person or persons entitled to receive such damages; and the justice
and sheriff shall be entitled to receive the same fees as are allowed
in similar cases, and the persons summoned as jurors to value the
damages sustained as aforesaid, shall each receive one dollar for
every day he shall attend for that purpose; which fees and allowance
shall be paid by the president and managers aforesaid, and
the same proceedings shall be had, if required, in case of damage
done to, or apprehended by, the owner or owners of any land or
tenements over or through which said road may pass. |
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Passed Jan. 30, 1817. |
CHAP. CLIV.
An Act to authorise the Chancellor, and the several County Courts
of
this State, to order and decree the Sales of
Real Estate of Minors
in the cases therein mentioned. Lib. TH. No.
5, fol. 293. |
Chancellor, &c. in
certain cases, may
direct the sale of
real estates. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
where any infant or infants are or shall be possessed of any lands,
tenements, hereditaments or real estate, whatsoever, (a) it shall
and may be lawful for the chancellor, or for the several county
courts within this state, as a court of equity, upon the petition of
the guardian or prochein ami (b), of such infant or infants, after
summoning such infant or infants, and his appearance by guardian
to be appointed by the chancellor, or the county courts as aforesaid,
and upon the hearing and examination of all circumstances,
and upon its appearing to the said chancellor, pr the county courts
as aforesaid, that it will be for the interest and advantage of such
infant or infants to sell such lands, tenements, hereditaments or
real estate, or any part thereof, to order and direct such lands, tenements
or hereditaments, or any part thereof, to be sold upon
such terms as the chancellor or the county courts as aforesaid may
direct.
(a) By 1818, ch. 193, s. 7, the
provisions of this act are extended to equitable
titles to real estate.
(b) By 1818, ch. 133, s. 2, upon such petition
the court to issue a commission
to not less than three disinterested freeholders, to view and ascertain
the real value
of the land, and to determine whether it would be to the interest and advantage
of the infant or infants that such land should be sold, &c. See
1818, ch.
193, s. 12, as to lands descending to minors residing out of the state,
&c. |
To appoint trustees. |
2. AND BE IT ENACTED, That the chancellor
or county courts
as aforesaid, shall have full power and authority to appoint a trustee
or trustees for the purpose of making any sale by them directed
in pursuance of this act. |
Sales to be confirmed
--Trustees
to bond. |
3. AND BE IT ENACTED, That all sales made
by the authority
of the chancellor or county courts as aforesaid, under this act, |
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