|
APPENDIX——CHANCERY LAWS.
of such injunction on the sheriff, or other officer, he shall deliver
back the property so taken in execution to the party from
whom it was taken, and shall not be answerable to the plaintiff
or plaintiffs at law on account of the same; and in all cases where
personal property hath been taken in execution, and the sheriff or
other officer hath been prevented, by injunction from the chancery
court, from selling the same, the sheriff or other officer may deliver
the same, if in his possession, to the party from whom it was
taken, and shall not be answerable for the same to the plaintiff or
plaintiffs at law; and in every case of injunction heretofore issued,
if the sheriff or other officer hath taken any personal property
out of the possession of the defendant at law who hath obtained
the injunction, the said sheriff, or other officer, shall be answerable
at law for the said property to the party from whom it was taken. |
NOV. 1799.
CHAP. 79. |
11. AND BE IT ENACTED, That in all cases where
the chancellor
has or shall decree a perpetual injunction against the state of
Maryland, in favour of persons who have purchased British property
to which the state had no title, the chancellor is hereby authorised
to give his order to the treasurer of the western shore directing
him to cancel the bond or bonds, or such other evidence of
the debt, as shall have been given at the time of making the said
purchase. |
On perpetual
injunction, bond
to the state to be
cancelled, &c. |
_____
|
|
NOVEMBER SESSION, 1800.
—
CHAP. LXVII.
An Act respecting Idiots, Lunatics and Persons non compos mentis.
Lib. JG. No. 3, fol. 460. |
Passed Dec. 19, 1800. |
WHEREAS by law the chancellor is confined in making
provision
for the support of idiots, lunatics and persons non compos mentis, to
the annual proceeds of the estate: And whereas it appears reasonable
to this general assembly that the power should be increased; |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
from and after the passage of this act, the chancellor shall have
full power and authority, in all cases where trustees shall or may
be appointed under the authority of the chancery court for the
management of the estates and persons of idiots, lunatics and persons
non compos mentis, to order and direct the property of such
idiot, lunatic or person non compos mentis, or so much thereof as
he
may judge necessary for the support of such idiot, lunatic or person
non compos mentis, or for the payment of all reasonable and
just expenses which such trustee or trustees may or have incurred,
to be sold, upon such terms as he may think proper, and to appoint
a trustee or trustees for the purpose of effecting such sale or sales,
and the money arising therefrom to be applied to the discharge of
such expenses. |
Chancellor may
order property to
be sold, &c. |
3. AND BE IT ENACTED, That in cases where
a sale of a property
of any idiot, lunatic or person non compos mentis, shall be
necessary for the support of such person, and such property will
not admit of division without prejudice thereto, or shall be so situated,
or of such a nature, as to render it adviseable and beneficial
to such person, in the opinion of the chancellor, to sell the whole, |
In certain cases
the whole may be
sold, &c. |
VOL. IV.
56
|
 |
