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WILLIAM SMALLWOOD, Esq; Governor.
to execute any trust, and any person interested in the execution of
such trust shall make appear to the chancellor, that it is necessary for
the
safety of those interested in the execution of such trust, that the trustee
or
trustees should give bond and security for the due execution of the
trust,
it shall and may be lawful for the chancellor to order and direct that
such
bond be given by the trustee or trustees, on or before a day by the chancellor
to be appointed; and if bond, with such security as may be approved
by the chancellor, shall not be given by such trustee or trustees agreeably
to such order, then the chancellor may displace such trustee or trustees,
and appoint one or more trustee or trustees in his or their stead, who
shall give bond and security, to be approved by the chancellor, for the
due execution of the trust; and all bonds taken in virtue of this power
shall be made payable to the state, and shall be filed and kept by the
register
in chancery, and also by him recorded, and upon any breach of the
condition, suit may be brought by any person interested, either upon the
original bond or a copy of the record, an the plea of non est factum shall
not be received in such suit, unless it be verified by affidavit of the
defendant
or defendants. |
1785.
CHAP.
LXXII. |
XII. And be
it enacted, That in case any deed hath been or shall hereafter
be executed, to the validity of which recording is necessary by law,
and such deed hath not been, or shall not be, recorded agreeably to law,
without any fraudulent design or intention of the party claiming under
such deed, that the chancellor shall have full power and authority, upon
application of the party claiming under such deed, and summoning and
hearing the party making such deed, his heir, devisee, executor or administrator,
as the case may require, and being satisfied that the party claiming
under such deed has a fair and equitable claim to the premises therein
mentioned, to order and decree that such deed shall be recorded; and
when such deed is recorded, it shall, in pursuance of such decree, be taken
and considered in all courts of law and equity against the party making
such deed, his heirs, devisees, executors and administrators, in the
same state, and to have the same effects and consequences, to all intents
and purposes, as if such deed had been recorded within the time prescribed
by law; but such deed shall not destroy, or in any manner affect, the
title of any purchaser of the same thing or premises in case of a purchase
made after the date of the deed aforesaid, and without notice of such deed
by the person making such after purchase, whether such purchase be by
contract or by deed recorded agreeably to law; nor shall such deed,
though recorded as aforesaid, in any manner affect the creditors of the
party making such deed, who may trust such party after the date of
the
said deed. |
Chancellor
may order
deeds to be recorded,
&c. |
XIII. And be
it enacted, That in case any infant, idiot, or person non
compos mentis, hath, or shall hereafter have, a joint interest, or
interest
in common with any other person or persons, in equal or unequal proportions,
in any lands, tenements or hereditaments, and it shall appear to the
chancellor, upon application of any of the parties concerned, and upon
appearance of the infant, idiot, or person non compos mentis, as
aforesaid, and hearing and examination of all the circumstances, that it
will be for the interest and advantage both of the infant, idiot, or person
non compos mentis, and of the other person or persons concerned, to sell
such lands, tenements or hereditaments, or any part thereof, the chancellor
may order and direct such lands, tenements or hereditaments, or any
part thereof, to be sold, upon such terms as the chancellor shall direct,
always taking care that a just proportion of the money arising from such
sale be well and sufficiently secured to be paid to such infant, idiot,
or person
non compos mentis; and if any contract hath been made for any lands,
tenements or hereditaments, held as aforesaid, for or on behalf of any
infant, |
Infants, &c.
having joint
interests in
lands, &c.
chancellor
may order
such lands to
be sold, &c. |
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