| 1781.
CHAP.
XX.
Purchasers to
pay one fifth
of the purchase
money
in specie, &c. |
LAWS of MARYLAND.
II. Be it enacted,
by the general assembly of Maryland, That if any purchaser
will pay unto the treasurer of the western shore one fifth part of
the purchase money
in specie, on or before the twentieth day of July next, and the residue
in bills
of credit, to wit, one half thereof on or before the tenth day of August
next, and
the remainder on or before the tenth day of September next, he shall be
entitled
to the land by him purchased, but in case of neglect in the first payment
in specie,
by the time above limited, the commissioners shall expose the land again
for sale
on the terms in the law directed, and the purchaser, on compliance therewith,
shall have the land, and be warranted and secured therein by the public;
and if
the first payment be made as above limited, and the second neglected, the
first
shall be forfeited; and if default in the last payment (the second being
made) no
conveyance shall be given by the commissioners, till the last payment be
made
with ten per cent. interest. |
Purchasers
may file bills,
&c, |
III. And,
whereas it is not the intention of this general assembly to preclude
the established courts of justice from determining on the said contracts,
or the
execution thereof; Be it therefore enacted,
That in case any of the said purchasers
shall determine to insist on a conveyance of the lands purchased, on the
terms of making the first payment in certificates, on such purchaser filing
his bill
for that purpose in the court of chancery, on or before the tenth day
of July next,
the sale before directed shall not be made; or if the party shall choose,
he may
commence his actions for damages, and the state will, if any recovered,
make
good the same. |
|
CHAP. XXI.
An ACT to direct the recording of a deed from John Starkey to Joshua
Donaho,
of Cæcil county. |
|
CHAP. XXII.
An ACT to direct the granting letters testamentary,
on a copy of a
will proved, where the testator dies. |
| Preamble. |
WHEREAS by the act to establish orphans courts in
the several counties
of this state, it was directed, that the will of any deceased person,
having a mansion house, or place of know residence and abode, should
be proved in the orphans court of the county where such mansion house,
or place
of residence or abode, shall have been; and it hath happened, and very
frequently
may happen, that the will of such deceased person may be proved in the
county
where he or she shall die, and not in the county where his or her mansion
house or residence was: |
Wills may be
proved in the
county where
testators die,
&c. |
II. Be it enacted,
by the general assembly of Maryland, That where any person
shall die out of the county where such person's mansion house or residence
was,
the will may be proved in the orphans court of the county where the said
person
shall die, and that an attested copy of such will, under the seal of the
orphans
court of the county where proved, may be produced to the orphans court
of the
county where such deceased person's mansion house, or place of residence
or abode,
shall have been, and thereupon letters testamentary shall be granted by
such court
upon the said copy, and such letters shall be as valid in law as if granted
by the
orphans court of the county in which was the mansion house or residence
of the
deceased; and the time given to widows, to make their election whether
they will
stand to or renounce the provision in a will so made, shall be counted
from the
day the copy of such will shall be produced to such orphans courts as aforesaid;
and any person, whose interest may be affected by any such will, shall
have a
right to contest the validity of the same, either in the orphans court
of the county
in which such will shall be proved, or in the orphans court to which such
copy
may be produced, in the same manner as if such will had been produced and
offered to be proved in the orphans court of the county wherein such deceased
person had residence. |
|
 |
