| 1802.
CHAP. 100. |
LAWS OF MARYLAND.
and all sales of property taken by fieri facias at the suit of
the
state, may be suspended by the governor and council from time to
time, as they may think most to the advantage of the state, and
may direct executions against the body of any state debtor to be
entered " not called by consent." |
May compound
with persons who
have made discovery
of property
liable to confiscation. |
8. Whereas many persons have made discoveries
of British property,
confiscated property, or property liable to confiscation, to
the governor and council, the late intendant, and late agents of the
state, and have made application to purchase the same upon the
terms held out by law to the discoverers; And whereas there is no
person invested with authority to estimate the value, or fix a reasonable
price for the said property, and to compound with the person or persons
applying to purchase the same, BE IT ENACTED, That the
governor and council by and they are hereby empowered to compound
with all persons who have heretofore made discovery of British
property, confiscated property, or property liable to confiscation,
either to the governor and council, the late intendant, or any
of the state agents, and to all ow not exceeding one third of the
value of such property to any person or persons having made such
discovery, and who shall make application to the governor and
council on or before the first day of May next, (a) to compound
for and purchase the same, and the said governor and council are
hereby authorised to dispose of such property to such applicants,
and take bonds with good and sufficient security, to be approved of
by the treasurer of the western shore, for the purchase money,
bearing interest, payable to the state at the periods that may be
agreed on.
(a) Extended by 1803, ch. 109,
to persons who had since this act made discoveries
or should make discoveries of such property. See 1814, ch. 103, by
which
the provisions are extended to any such property which may be discovered
and
six months allowed to compound. |
In case such person
neglects to
purchase, state's
right may be disposed
of to any
other person. |
9. BE IT ENACTED, That if such discoverers
shall not make
known to the governor and council the title of the state to the property
aforesaid, on or before the first day of May next, or shall refuse
or neglect, on or before that day, to agree for the purchase of
the same, that then the governor and council shall be and they are
hereby authorised to sell and dispose of the state's right to the
said property to any person or persons applying to purchase the
same, or may appoint a fit and proper person as aforesaid, who
shall give bond as aforesaid, to sell the same at public sale in the
manner as is herein before directed, without making such discoverers,
who refuse or neglect as aforesaid, any compensation. |
Persons purchasing
may prosecute
suit--for recovery
of said property.
Provisos. |
10. BE IT ENACTED, That it shall and may be
lawful for
any person or persons purchasing as aforesaid any confiscated British
property under the authority of this act, to prosecute any suit
or suits, either in law or equity, in the name of the state, for recovery
of said property for their use; Provided, that the said state
shall not be liable to pay any costs incurred in prosecution of said
suits, but that the same shall be paid by the person or person for
whose use said suits shall be prosecuted; And provided also, that
in all
such sales, so to be made by the governor and council, or under
their direction and appointment, it shall be made known, and it
shall be a condition thereof, that they only sell the right of the
state thereto, and that the state doth not guaranty the title to the
same, or any part thereof, but that the purchase must be in all respects
at the risk of the purchaser. |
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