1786.
CHAP.
XLVIII. |
LAWS of MARYLAND.
in the room of the said Simon Nicholls, or otherwise on account of the
said
Simon Nicholls, and which remain in his hands unapplied to the purchase
of
discountable certificates. |
If bond is not
given, execution
shall issue,
&c. |
III. And be
it enacted, That if the said Simon Nicholls shall not give bond
as aforesaid, an execution shall immediately after the said first day of
April next
be issued against his property, which shall be taken and sold on the terms
prescribed
by the consolidating act for the sale of confiscated property; provided
nevertheless, that the sales shall not exceed the balance due from the
said Simon
Nicholls to the state, after crediting the said Simon Nicholls with the
certificates
and monies received for taxes, or otherwise on account of the said Simon
Nicholls, by the said Alexander Catlett, and the certificates purchased
therewith,
and the sums remaining due from the people, which balance shall be ascertained
and determined by the commissioners of the tax for Montgomery county for
the
time being, before the issuing of such execution. |
Balance due
to be divided,
&c. |
IV. And be it
enacted, That the balance remaining due after such sale be divided
into two equal parts, and execution shall issue against the property of
each
of the securities of the said Simon Nicholls for one half of the said balance,
and
the said property shall be sold on the terms aforesaid, unless the proprietor
shall,
on or before the first day of September next, give bond with security,
to be approved
as aforesaid, for the payment of such balance, and that each of the said
securities, on the sale of any of his property, and taking bond payable
to the
state with security as aforesaid for the purchase money, shall have credit
to the
amount of such sale; but if either of the said securities prove insolvent,
the other
shall be responsible for the deficiency. |
Sureties may
discount certificates,
&c. |
V. And be it
enacted, That at any time before the year seventeen hundred
and ninety, either of the sureties of the said Simon Nicholls be permitted
to discount
for the debt due from their principal or themselves, as the case may
be,
any certificates discountable under the consolidating act. |
Execution set
aside, &c. |
VI. And be it
enacted, That the execution issued against the said Alexander Catlett
out of the general court, returnable to May term next, be and is hereby
set aside. |
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VII. And,
whereas it is stated by the said Simon Nicholls, and admitted by
the said Alexander Catlett, that the said Alexander Catlett has received
in taxes
certificates to a considerable amount, and also considerable sums of money,
which
money and certificates be laid out in the purchase of depreciation certificates,
which ought to be applied to the balance due the state from the said
Simon Nicholls,
Be it enacted, That the said Alexander
Catlett shall account for all such
certificates as he hat received for taxes, with the interest thereon at
and from
the time of receiving the same, which remain on hand not exchanged nor
sold
for depreciation certificates, and for the amount of all such certificates
as he hath
purchased with the monies or certificates collected as aforesaid, and for
the interest
thereon at and from the time of the purchase thereof; and that all such
certificates,
or other certificates to the amount thereof, if discountable under the
consolidating act, shall be received by the treasurer, and applied to the
credit of
the said Simon Nicholls; and the said Alexander Catlett shall make oath,
to be
administered by the treasurer, that the certificates he delivers in are
to the amount
of all the certificates received by him in taxes, or purchased by the monies
and
certificates he collected as aforesaid, and that the certificates he delivers
in to the
treasury comprehend the amount of both principal and interest of all certificates
that he has received of the people as aforesaid, or that he or any other
person for
him has purchased with monies or certificates which he collected of the
people,
to the best of his knowledge; and no execution shall issue against the
property of
the said Simon Nicholls as directed by this act, until the said Alexander
Catlett
shall account as aforesaid, after deducting out of the said money and certificates
such allowance as may be made the said Alexander Catlett by the commissioners
of the tax for Montgomery county in the settlement of his account, in manner
hereafter directed. |
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