HOYE v. PENN.—1 BLAND. 29

veyed by Charles Penn, Sen'r, and Nathan Waters, by the deeds
therein exhibited, be sold; or such part of each as may be neces-
sary for the purposes hereinafter stated; that John Brewer of the
City of Annapolis be and he is hereby appointed trustee to make
sale thereof; and that the course and manner of his proceedings
be as follows, to wit: he shall first give bond to the State of Mary-
land in the penal sum of 10,000 dollars with a surety or sureties to
be approved by the Chancellor, conditioned for the faithful dis-
charge of the trust reposed in him by this decree, or any other order
or decree in the premises. He shall then proceed to give notice, by
advertisement in such newspaper or paper as he may judge proper,
for at least three successive weeks, of the manner and terms of
sale; which shall be, that the purchaser or purchasers shall give
bond with surety, to be approved by the trustee, for the payment
of the purchase money, with interest from the da\ of sale, within
twelve months therefrom. The trustee shall then proceed, accord-
ing to the notice, to make sale of the lands aforesaid at public
vendue: or of so much thereof as will raise the sum of £934 10s. 9 1/2d.
current money, with interest thereon from the 1st day of May,
1802, until paid, and the costs of this suit, and the amount of the
commission as far as the same can be estimated. And in deter-
mining on the quantity of each part, to be first sold, the trustee
shall sell the land held by the heirs of Perm, in the first instance,
to raise one-half of the debt, costs and commission; and shall sell
the land devised to Nathan Waters, in the first instance, to raise
the other half; as far * as this way may be found practica-
ble; but, with power, according to the first part of this de- 35
cree, to raise the amount by a sale of the whole at a succeeding
period, if it can be done; or. in the first instance, if it should
appear absolutely necessary; subject, howe\er, to the ratification
of this Court. And the trustee shall return as soon as conveni-
ently may be, a statement of his proceedings uridei this decree,
with an affidavit of the truth thereof; and shall return the bond
or bonds taken, and the money when received, to be applied ac-
cording to the further order of the Court. And on the ratification
of the sales or any sale, and on the payment of the purchase
money, and not before, the trustee shall convey to the purchaser
or purchasers the lands so bought, free and clear from all claim of
the defendants or any of them. And the trustee shall receive for
his trouble such commission as the Chancellor shall consider him
entitled to on a view of all the circumstances of the case. The
sales to be on the premises respectively, unless any difficulties or
inconveniences should occur to render such sales improper.

The defendant, Nathan Waters, by his petition, filed on the 13th
of July, 1812, stated, that he wished to appeal from the decree;