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APPENDIX——CHANCERY LAWS.
By 1800, ch. 67, the chancellor may
direct the property of any idiot, &c. or so
much as may be necessary for the support of such idiot, &c. to be sold,
&c. and
if the property will not admit of division without prejudice thereto, or
shall be so
situated as to render it advisable, the chancellor may order a sale of
the whole,
&c. He may direct in what funds the money arising from the sales
shall be vested,
or (by 1819, ch. 144, s. 1,) direct the same to be loaned out on real or
other
security, &c. All sales made shall be notified to and confirmed
by the chancellor,
&c.
By May 1813, ch. 21, the chancellor, on the application
of a trustee, may direct
any lunatic, &c. to be sent to the hospital in the city of Baltimore,
if he can
be there received, to remain until the further order of the court; and
he may order
the removal to the said hospital of any lunatic, &c. who hath, under
his direction,
been sent to any hospital or receptacle in Philadelphia, and to enforce
his order. |
NOV. 1785.
CHAP. 72. |
7. AND BE IT ENACTED, That the chancellor
shall have full
power and authority to appoint a trustee or trustees for the purpose
of making any sale by him directed in pursuance of this act.
By April, 1787, ch. 30, the chancellor
may allow to guardians, trustees, &c. a
commission from 1 to 7 1-2 per cent. on sales under his order or decree. |
And appoint a
trustee, &c. |
8. AND BE IT ENACTED, That all sales made
by the authority
of the chancellor under this act, shall be notified to, and confirmed
by, the chancellor, before any conveyance of the property shall
be made, and bond with good and sufficient security, to be approved
by the chancellor, shall be given by the person or persons empowered
to sell property as aforesaid, for the due execution of the
trust committed, which bond shall be lodged with the register in
chancery; and any person interested in such sale shall have a right
to a copy of such bond, and a certificate from the said register under
his hand and seal of office, paying ten shillings for the same, upon
which copy and certificate an action may be maintained, in the
name of the state, for the use of the party interested and apprehending
himself aggrieved; and judgment may be by such party
recovered upon such action for the damages by him actually sustained,
and the plea of non est factum shall not be received to any
such action, unless the same is verified by the affidavit of the defendant
or defendants tendering the same. |
Sales to be notified,
&c. |
9. AND BE IT ENACTED, That all sales by the
direction of the
chancellor under the authority of this act, except in the case where
a sale is directed to be made for ready money as aforesaid, shall be
made upon such terms and conditions as the chancellor shall determine;
and in case any sale shall be made on credit, the chancellor
may, upon application of the mortgagee or creditor, direct any
bond taken in consequence of such sale to be assigned to such
mortgagee or creditor; and the assignee or assignees respectively
may sue and maintain actions in their names against the obligor or
obligors in such bonds. |
Chancellor may
direct the terms,
&c. |
10. AND BE IT ENACTED, That in all cases where
there hath
been, or may hereafter be, an appointment of a trustee or trustees
by last will and testament, to execute any trust, and any person interested
in the execution of such trust shall make appear to the
chancellor, that it is necessary for the safety of those interested
in
the execution of such trust, that the trustee or trustees should give
bond and security for the due execution of the trust, it shall and
may be lawful for the chancellor to order and direct that such bond
be given by the trustee or trustees, on or before a day by the chancellor
to be appointed; and if bond, with such security as may be
approved by the chancellor, shall not be given by such trustee or |
Trustees to give
bond, &c. |
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