| 1777.
CHAP.
VIII.
Provision in
case of will
produced after
letters
granted. |
LAWS of MARYLAND.
XVI. And be it
enacted, That if any will shall be produced after letters of administration
granted, and probate thereof desired and legally made, it shall and
may be lawful for the orphans court to grant letters testamentary, or letters
of
administration with the will annexed, in the same manner as if letters
had not
been before granted; and such former letters of administration shall be
thereby
superseded. |
Executors
&c. to have
allowance for
damage by invasion,
&c. |
XVII. And,
Whereas executors or administrators, and guardians of orphans,
may be much injured, or totally ruined, by the enemy invading this state,
or
some of the counties thereof, Be it enacted,
That executors, administrators and
guardians, shall have proper allowance made them by the orphans court,
for any
damage the estates of minors, in their hands or possession, may receive
by invasion
of the enemy; and neither they nor their securities shall be liable to
make good
such damage, provided that such damage or injury shall not arise or happen
by
the negligence or wilful default of such executors, administrators or guardians. |
Orphans
courts to have
the same power
as county
courts, &c. |
XVIII. And be
it enacted, That the justices of the orphans courts shall not be
obliged to transmit balances to the county courts, but shall retain and
take security
for the same, and shall have and exercise the same power of summoning juries
of inquiry, and all other the power, authority and jurisdiction, with regard
to
executors, administrators, guardians and orphans, that the county courts
by law
heretofore did or of right ought to have used and exercised. |
Register of P.
George's
county to
have the care
of the records
of the prerogative
office,
&c. |
XIX. And be
it enacted, That the register of wills for Prince-George's county
shall for the present have the care and custody of the records of the prerogative
office, and on application make searches and give out copies of said records;
and
that it shall and may be lawful for the governor, with the advice and consent
of
the council, to cause the said records to be removed to any other county,
and
when so removed, the register of such county where removed shall have the
custody of said records, and on application make searches and give out
copies
thereof. |
|
CHAP. IX.
An ACT to make the bills of credit issued by congress, and the bills
of credit
emitted by acts of assembly and resolves of the late
conventions, a legal tender
in all cases.
This act (according to a decision of
the general court) made those bills only which had been emitted
by congress before its passage, and the bills emitted theretofore by acts
of assembly, or by resolved of the
conventions, a legal tender for all debts then or thereafter to be due.
A tender in such bills, with either
the acceptance or refusal of the creditor, extinguished so much of the
debt as was tendered. Sterling
debts might be discharged at the rate of 4f6 for a dollar; and wherever
bonds had been given for half-johannes,
weighing 9dwts. or as much in the same bills as would purchase such half-joes,
eight dollars in
these bills were made equal in discharge of such bonds to one half-johannes,
and a similar proportion was
fixed between the said bills and all other gold coin.
If a creditor resided out of the state, a tender to
his attorney in fact, or to his agent, or, if he had neither,
to his attorney at law, having the care of the debt, was, in all respects,
equal to a tender made to
himself. And wherever there was a tender and refusal, the debtor
was entitled to receive his mortgage,
speciality or other writing, and, upon the creditor's refusing to deliver
it, might recover damages in an
action of trover, upon proving the demand to have been made in presence
of two credible witnesses. And if
the creditor, after tender, assigned such mortgage, speciality, or other
writing, his assignee might recover
from him double the sum therein mentioned. And person refusing these
bills for a commodity sold, or
offered for sale, or offering a commodity for a less price in specie, or
offering or demanding bills for specie
at higher rates than herein mentioned, was to forfeit to the state the
value of the commodity so sold
or offered for sale, or a sum equal to the bills so offered or demanded.
An addition, however, of 25 per cent. was to
be made to all sums of money due to orphans, or others
claiming under appraisements of the estates of deceased persons, provided
they were paid in these bills.
This memorable law was repealed by the act of October,
1780, ch. 5. To this law, and to similar
acts in the other states, is by some men ascribed the preservation of our
liberties, whilst others dent it the
least merit, and, at the same time, impute to it the perversion of our
morals, and every other political
evil under which we have laboured since its passage. |
|
CHAP. X.
An ACT for the erecting barracks.
At or near Frederick-town, sufficient
for the accommodation of two battalions; at or near Annapolis,
for one battalion; and at the Head of Elk, for two battalions. The
whole to be of plain stone or brick
work. The governor and council were authorised to purchase the land,
and contract for the buildings
on the most frugal plan; and the governor was requested to solicit the
aid of congress, in prosecuting a
work, which the legislature conceived would be extremely beneficial to
the United States. |
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