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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
11. AND BE IT ENACTED, That on all sales to
be made by the
governor and council, and under their direction and appointment,
of confiscated property, in pursuance of this act, deeds shall be executed
by the chancellor to the purchaser or purchasers, in the
same manner as for other confiscated property heretofore disposed
of.
See 1785, ch. 66, s. 8, and 1814, ch. 103. |
1802.
CHAP. 100
Deeds to be executed
by chancellor. |
12. AND BE IT ENACTED, That in all cases where
bonds shall
be taken in virtue of this act, bonds shall be a lien on the real
property of the obligors from the date thereof, or on so much of
the said real property as the governor and council shall think sufficient,
to be particularly mentioned in a schedule to be annexed to
the said bond, in which case it shall be a lien on the property contained
in such schedule, and no more, such bond and schedule to be
lodged with the treasurer of the western shore, and all such bonds
shall express the county in which the obligors respectively reside;
and the treasurer of the respective shores shall, within one month
after they receive them respectively, cause them, with the schedules
annexed to them, to be recorded in the office of the clerks of the
western and eastern shores respectively, at the expense of the obligors,
and a copy of said record, certified under the hand and official
seal of the clerk in whose office the same record shall have
been made, shall be as good evidence in any court of law or equity
in this state as the original bond would be if it was produced. |
Bonds to be a lien
on property. |
13. AND BE IT ENACTED, That the governor and
council be and
they are hereby requested to make communications to the next general
assembly of the several proceedings under this act. |
Proceedings under
this act to be
communicated to
general assembly. |
14. AND BE IT ENACTED, That the governor and
council be and
they are hereby authorised to allow to any person whom they shall
think proper to appoint to sell any real property directed to be sold
in virtue of this act, a sum not exceeding three per centum on the
amount of any sale. |
Commission allowed. |
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CHAP. CI.
A Supplement to an act (a) for amending, and reducing into
system,
the Laws and Regulations concerning Last Wills and Testaments,
the duties of Executors, Administrators and Guardians,
and the
rights of Orphans and other Representatives of deceased
persons.
Lib. JG. No. 4, fol. 322.
(a) 1798, ch. 101. Other
Supplements, 1804, ch. 78. 1807, ch. 136. 1810,
ch. 34. 1816, ch. 203. 1817, ch. 178. See Nov. 1809,
ch. 168, and Dec. 1813,
ch. 165. |
Passed Jan. 8, 1803. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
if an executor or administrator conceives that he hath not assets
sufficient to discharge the claim, or any part thereof, for which a
suit shall be brought against him, he may plead the fact, and a
trial by jury shall be had thereupon; and if, on any trial so had
against an executor or administrator, and the debt or demand of
the plaintiff shall be contested, and there be any other issue joined
than upon the subject of assets, the jury, if they find for the plaintiff
upon the issues so to be joined, and the amount of assets so
found by them be less than the debt or demand of the plaintiff, they
shall declare the amount of the debt or demand, and likewise the
sum to be paid by the defendant to the plaintiff, regard being had |
Executor, &c.
conceiving he has
not assets to discharge
claim from
which he is sued;
may plead the
fact, and a trial by
jury shall be had
thereon, &c. |
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