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WILLIAM SMALLWOOD, Esq; Governor.
VI. And be it
enacted, That the said commissioners, or a major part of them,
are empowered to levy, assess and take, by way of distress, if needful,
from the
inhabitants of the town, by even and equal proportion, the sum of ten pounds
current money yearly, to be paid to their clerk; and also they shall have
power
to remove or displace their clerk as often as they shall think fit. |
1786.
CHAP.
XI.
And levy money,
&c. |
VII. And be
it enacted, That every purchaser of any of the lots in the said
town in fee, and every lessee thereof for years, on rent reserved, shall
hold and
possess the same against any person hereafter claiming title to the same,
and shall
not be disturbed in their possession; and if any person shall hereafter
make claim
to the land, or any part thereof, laid off in virtue of this act, and shall,
by due
course of law, make good title thereto, such person shall be entitled to
recover
from the said Otho Holland Williams, his heirs, devisee, executors, or
administrators,
any purchase money or rents by him received from any of the purchasers
or lessees of any of the said lots, and, upon such recovery, the tenants
holding
under the said Otho Holland Williams shall thereafter hold under and pay
the
rent reserved to the person making title to and recovering the same land. |
Purchasers to
hold their
lots, &c. |
CHAP. XII.
A Supplement to the act relating to replevins. |
Passed January
20. |
WHEREAS it is represented to this general assembly,
that some of the
collectors of taxes, and others who have a right to execute for public
dues and taxes, have demanded and received more than was due, and
have even executed property, in some instances, for money due otherwise
than for
public dues and taxes, and in others, more than was really due and owing
for
public dues and taxes, and abusing the power of execution, have sold such
property
to the great oppression of the people; |
Preamble. |
II. Be it enacted,
by the general assembly of Maryland, That where any collector
or his deputies shall, by distress or otherwise, collect and receive, as
for
public dues or taxes, more than the sum bonâ fide due, upon
complaint of the
person aggrieved, the commissioners of the tax for the county where
such collection
or receipt shall have been made, or a majority of them, shall, and they
are
hereby empowered, upon complaint or the party so aggrieved, to hear and
adjust
the same; and if it shall appear to the said commissioners of the tax,
or a majority
of them, that more hath been received than was due, then and in that case
the said commissioners, or a majority of them, shall, and they are hereby
directed
and empowered, to order the collector to pay double the sum received and
not
due, with the cost arising on the distress, and the expence of he said
commissioners
for their meeting and adjusting the same; but if it shall appear to the
said
commissioners, or a majority of them, that such receipt was merely through
mistake,
then shall the said commissioners order the excess only to be refunded,
with
costs and expences as aforesaid; and the said commissioners, or a majority
of
them, may carry such order into effect, by their warrant to the sheriff
or coroner,
as the case may be, of their county, to levy the same by fieri facias,
or to take
the body of the said collector in execution, as on a capias ad satisfaciendum,
in
satisfaction thereof; and if complaint shall be made without just cause,
the party
complaining shall pay the costs and expences arising on such complaint. |
Where collectors,
distress,
the party may
complain to
the commissioners
of the
tax, &c. |
III. And be
it enacted, That on any property being executed for or under colour
of any public dues or taxes, if the person whose property hath been or
shall be
so executed will apply to any commissioner of the tax for the county where
such
property shall be executed, alleging that the whole sum, or any part thereof
for
which such execution shall have been made, is not due for public dues or
taxes,
such commissioner may, by writing, order that the sale of these goods shall
be
suspended for any time not exceeding ten days, and appoint a day and
place for
the person executing the said property to make appear his claim before
the commissioners
of the tax for such county; and the said commissioners may and shall
adjudge and determine the sum due for which execution may rightfully
be made,
beyond which no sale shall be mad of the goods in such case; and the commissioners |
Property being
executed,
commissioners
may order the
sale to be suspended,
&c. |
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