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WILLIAM SMALLWOOD, Esq; Governor.
have set forth, that they have not been able to obtain payment of the
balances
due to the said Christopher Edelen by virtue of the provision in the said
law,
because they could not employ a collector for the commission therein allowed,
and
were not authorised thereby to collect the said balances themselves by
execution,
and that a scire facias issued against the said securities, returnable
to last October
term, to recover the balance due to the state from the said Christopher
for the
year seventeen hundred and eighty-two, and have therefore prayed that an
act
may pass, authorising the treasurer to take a bond with security from the
administrator
aforesaid, for the balance due to the state, payable according to the
terms of the act relative to the arrearages of taxes due the state before
the first
day of January, seventeen hundred and eighty-three, and that on neglect
of the
administrator, the treasurer be empowered to receive such bond being lodged
with the
treasurer, with satisfactory security, the administrator or securities,
or both, who
may execute such bond, may be invested with a power to collect in person,
or
by deputy, the balances due to the said Christopher for taxes, and
as sheriff; and
the said securities have further prayed, that if they should give bond
as aforesaid,
they also be empowered to proceed on the bond of the said Christopher to
affect
the balance of his estate, in the hands of his administrator, liable to
the claim
of the state; which being thought reasonable, |
1787.
CHAP.
XXI. |
II. Be it enacted,
by the General Assembly of Maryland, That the administrator
of the said Christopher Edelen, may, at any time before the first day of
February
next, give bond for the balance due from the said Christopher as aforesaid,
with such security, in the manner and on the terms as collectors of consolidated
arrearages of taxes might have given bond under the said act, relative
to the arrearages
of taxes due the state before the fist day of January, seventeen hundred
and eighty-three, within the time limited by the said act; and if the said
administrator
shall refuse or neglect to do the same within the time limited, that then
the said securities, or any or either of them, may give such bond as aforesaid
at
any time thereafter, and before the first day of March next, and either
of such
bonds given as aforesaid shall be lodged with the treasurer of the western
shore,
and shall be subject to the same process and proceedings as may by law
be had
on other bonds given for arrearages of taxes consolidated; and on such
bond being
given, and duly approved, and payment of all costs, all further proceedings
at law on the said scire facias shall cease. |
Administrator
may give
bond, &c. |
III. And be
it enacted, That the person or persons giving such bond for the
balance due as aforesaid, shall be and is hereby empowered, in person or
by deputy,
to receive, collect and levy, all sums of money due to the said Christopher
Edelen as collector or sheriff of Frederick county, by execution or otherwise,
in
the same manner, and as fully and amply, as the sid Christopher Edelen
at any
time might have received, collected, or levied the same; and there shall
and may
be allowed, as against the estate of the said Christopher Edelen, a commission
for collection, not exceeding ten per cent. any thing in the first
mentioned act to
the contrary notwithstanding. |
Person giving
bond empowered
to collect,
&c. |
IV. And be it
enacted, That in case such bond as aforesaid shall be given by
the said securities, or any or either of them, the person or persons giving
such
bond may, at their own costs, proceed on the bond of the said Christopher
Edelen, in the name of the state, to affect the balance of the estate of
the said
Christopher Edelen, or what thereof may be necessary, in the hands of the
administrator for or towards his or their indemnity or security. |
And to proceed
on C.
Edelen's
bond, &c. |
CHAP. XXII.
A Supplement to the act, entitled, An act for marking and bounding
lands. |
Passed December
16. |
WHEREAS by the said act the jurisdiction and power
therein given to
the county courts respectively to issue commissions for marking and
bounding lands, is not extended to lands held by bodies politic and |
Preamble. |
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