| 1782.
CHAP.
LX. |
LAWS of MARYLAND.
shall be ordered to the defendant, upon his entering into recognizance,
with security,
to abide by and perform the judgment of the court upon the trial of such
replevin; but in case the court, on the return of such replevin, shall,
upon inquiry,
be of opinion, that the defendant in such replevin came to the possession
of the goods and chattels therein mentioned, by deceit, fraud, collusion
or force,
then the court may order the goods and chattels to be delivered to the
commissioners,
where the goods and chattels have been suffered to remain in the possession
of the defendant, in consequence of giving bond as aforesaid; and in case
the
goods and chattels have been delivered to the commissioners, and the court
shall
be of opinion, on the return of the replevin, that the defendant came to
the possession
of the goods and chattels therein mentioned by deceit, fraud, collusion
or force, a return of such goods and chattels shall not be ordered to such
defendant,
but the same shall remain in the possession of the commissioners, until
a
trial of the property shall be had, and judgment thereon given. |
Certain purchases
confirmed. |
VI. And be it
enacted, That the purchases of British confiscated property,
heretofore made by or on behalf of the commissioners appointed to preserve
and
sell the said property, shall be and are hereby confirmed; and the sale
of the land
late of Anthony Richardson, lying in Caroline county, to Henry Dickinson,
shall be and is hereby confirmed, as if made by any other person. |
Bills in chancery
may be
filed, &c. |
VII. And be
it enacted, That the commissioners aforesaid, in case they shall
have good reason to believe that the state is entitled to the equity of
redemption
of any property mortgaged for less than the value by any British subject
whose
estate is confiscated, or that any property hath been mortgaged to any
such British
subject, the said commissioners shall file a bill in chancery, for redemption
upon, or foreclosure of, such mortgage, and such proceedings shall be had
thereon
as are usual in such cases, and a decree shall be made as soon as can
be with
justice to the state and the party. |
Commissioners
may compromise,
&c. |
VIII. And be
it enacted, That in any claim, action, or suit, at law or in
equity, made or brought by the commissioners aforesaid, for or on behalf
of the
state, against any person who claims title to, and has come fairly into
the possession
of the property, by gift, purchase, or otherwise, and upon any mortgage
aforesaid, made to or by any British subject aforesaid, it shall and may
be lawful
for the said commissioners to make and enter into such composition, compromise
or agreement, with the person or persons in possession of such property,
or who
are interested in such mortgage, as the commissioners, upon consideration
of the
circumstances of the case, may think just and reasonable; and if the intendant
shall approve of such composition, compromise or agreement, and upon a
compliance
with the terms thereof by the party, the said commissioners may transfer
and release to him the claim and interest of the state in such property,
and may
give a final discharge of such mortgage. |
Persons not
complying
may be sued,
&c. |
IX. And be it
enacted, That where any person hath purchased, or shall hereafter
purchase, public property of the said commissioners, and shall not comply
with the terms of sale, by giving bond as required, or by non-payment at
the time
limited (and no provision hath been already made in such cases) the said
commissioners
may sue such purchaser in their names (endorsing on the writ that the
action is brought for the use of the state) for the sum due, and may declare
for
so much money received to their use; and the defendant shall plead the
general
issue, and proceed to trial the first court, unless the court are fully
satisfied that
justice requires a continuance of the cause, and the court shall compel
a trial as
soon as the same can be had with justice to the party and the state, and
on the
judgment, which shall be rendered for the whole purchase money, execution
shall issue, from time to time, for the recovery of the several payments,
as they
become due. |
|
X. WHEREAS on the sale of the White-marsh
furnace, in Baltimore county,
the commissioner who sold the same, to induce the purchaser to agree to
work
and carry it on as a furnace, engaged to sell him the mine-bank, Patapsco |
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