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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 691   View pdf image (33K)
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29 CAR. 2, CAP. 3, STATUTE OF FRAUDS. 691
X. And be it further enacted by the Authority aforesaid,
That from and after the said four and twentieth Day of June,
it shall and. may be lawful for every Sheriff, or other Officer,
to whom any Writ or Precept is or shall be directed, at the
Suit of any Person or Persons, of, for and upon any Judgment,
Statute or Recognizance hereafter to be made, or had, to do,
make and deliver Execution unto the Party in that Behalf
suing, of all such Lands, Tenements, Rectories, Tithes, Rents
and Hereditaments, as any other Person or Persons be in any
Manner of wise seised or possessed, or hereafter shall be seised
or possessed in Trust for him against whom Execution is so
sued, like as the Sheriff or other Officer might or ought to have
done, if the said Party against whom. Execution hereafter shall
be so sued, had been seised of such Lands, Tenements, Rec-
tories, Tithes, Rents or other Hereditaments of such Estate as
they be seised of in Trust for him at the Time of the said Exe-
cution sued, (2) "which Lands, Tenements, Rectories, Tithes,
Rents and other Hereditaments, by Force and Virtue of such
Execution, shall accordingly be held and enjoyed, freed and
discharged from all Incumbrances of such Person or Persons as
shall be so seised or possessed, in Trust for the Person against
whom such Execution shall be sued; (3) and if any Cestuy que
Trust hereafter shall die, leaving a Trust in Fee-simple to
descend to his Heir, there, and in every such Case, such Trust
shall be deemed and taken, and is hereby declared to be Assets
by Descent, and the Heir shall be liable to and chargeable
with the Obligation of his Ancestors for and by reason of such
Assets, as fully and amply as he might or ought to have been,
if the Estate in Law had descended to him in Possession -in
* like Manner as the Trust descended; any Lav, Custom 511
or Usage to the contrary in any wise notwithstanding.
XI. Provided always, That no Heir that shall become charge-
able by reason of any Estate or Trust made Assets in his
Hands by this Law, shall by reason of any kind of Plea, or
Confession of the Action, or suffering Judgment by Nient de-dire, or any other Matter be chargeable to pay the Condemna-
tion out of his own Estate; (2) but Execution shall be sued of
the whole Estate so made Assets in his Hands by Descent, in
whose Hands soever it shall come, after the Writ purchased, in
the same Manner as it is to be at and by the Common Law,
where the Heir at Law pleading a true Plea, Judgment is prayed
(45)

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 691   View pdf image (33K)
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