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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
for and in behalf of the state, in case the sale shall be directed to
be made on a credit, which shall in no case exceed two years, take
bond to the state, with good and sufficient security, to be approved
of by the treasurers of the respective shores, from the purchasers;
and all bonds taken by any person appointed as aforesaid shall be
deposited, with an accurate list thereof subscribed by him, in the
treasury of the western shore, and shall be a lien upon the real
property of such purchasers, and their securities, from the respective
dates, or so much thereof as shall be mentioned in a schedule
thereto annexed, and the said treasurer shall make report of all
such bonds to the next general assembly thereafter; Provided nevertheless,
that the said person, so appointed as aforesaid, shall, and
he is hereby directed, at the time of any sale of any confiscated property
in virtue of this act, to make known that he only sells the
right of this state thereto, and that the state doth not guaranty the
title to the same, or any part thereof, but the purchase must be in
all respects at the risk of the purchaser. |
1802.
CHAP. 100.
Proviso. |
5. AND BE IT ENACTED, That in all cases of
uninstalled debts,
where the same shall be considered insecure, and in all cases of
suits depending in chancery with any state debtors, the governor
and council shall be and they are hereby authorised and empowered
to make compromises upon such terms and principles as they
shall think equitable and just; and if, under the terms of any compromise
made as aforesaid, the property heretofore purchased shall
be taken back and revested in the state, the governor and council
may appoint a fit and proper person to sell the same at public sale,
upon such notice, and upon such terms, as they shall direct; and
the said person so appointed, before he proceeds to act, shall give
bond to the state, with sufficient security, conditioned for the faithful
performance of the duties required of him, and shall take bonds
to the state, with good and sufficient security, to be approved of by
the treasurers of the respective shores, if such sale shall be directed
to be on a credit, which shall in no case exceed two years, and
the bonds, when taken, shall be deposited with the treasurer of
the western shore, and reported by the treasurer to the next general
assembly thereafter. |
May compromise
with debtors. |
6. AND BE IT ENACTED, That in all cases in
chancery where no
compromise is effected, the governor and council shall be and they
are hereby authorised and empowered to direct the attorney-general
to prosecute and defend the same to immediate final decision,
and in cases of difficulty, to direct aid to the attorney-general, by
employing any person to attend to surveys where necessary, or
otherwise to assist in the prosecution or defence of said suits, to
be paid out of the contingent fund of five hundred pounds. |
Direct the attorney
general to
prosecute cases in
chancery. |
7. AND BE IT ENACTED, That if any bond debtor
to the state
for confiscated property, or otherwise, shall neglect to make payment
agreeably to the condition of his bond, and sundry resolves
of the general assembly, the governor and council may direct process
to issue for the whole principal and interest then due, or may
proceed on any execution against any state debtor already issued,
and served and suspended, as occasion may require, or may direct
any execution to be delayed as long as they may think expedient
and necessary; and no process shall issue against any of the
public debtors unless by the direction of the governor and council; |
Direct process to
issue in certain
cases. |
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