| 1787.
CHAP.
XXVII. |
LAWS of MARYLAND.
the tax for Frederick county, and also by the treasurer of the western
shore, one
third whereof to be paid on or before the first day of June next, one
other third
part thereof on or before the first day of April, seventeen hundred
and eighty-nine,
and the remaining third part thereof on or before the first day of
September,
seventeen hundred and eighty-nine, with interest as aforesaid on the
respective
sums, and lodging the same bond with the treasurer aforesaid, the executors
or administrators aforesaid, or such person as they shall appoint,
may receive,
collect and levy, all sum and sums of money due and owing to the said
Adam
Fisher as collector of Frederick county, whether the same ought to
have been
paid in the year seventeen hundred and eighty-four, or any preceding
year, or
arose due for the public or county assessment, and for that purpose
shall be vested
with all and the like powers and authorities as the said Adam Fisher
might by
law at any time exercise to compel payment of the public or county
assessment
in his county; and the executors or administrators aforesaid, or such
person as
they shall appoint, shall have the same remedy in every respect against
the deputies,
receivers and agents, employed by the said Adam Fisher, as he himself
might lawfully have had, notwithstanding any lapse of time, and may
proceed to
execution and satisfaction for any monies due from any of them without
scire
facias; and the orphans court of Frederick county is hereby
empowered and directed,
on the application of the said executors, administrators, or person
appointed
by them as aforesaid, to issue a summons for any person or persons,
on
probable cause shewn to the said court, to be and appear in the said
court, and
money, bills of credit or certificates, received by the said Adam Fisher,
or any
other person for him as collector, and remaining in his possession at the
time of
his death, and may order the same, if in being, and within the power of
any
such person, to be delivered up to the executors, administrators, or
person appointed
as aforesaid, to the end the same may be applied to the purpose for which
it was collected; and any certificate remaining in the possession of the
said Adam
Fisher at the time of his death, which might and ought to have been received
in discharge of the assessment, shall be received towards payment of the
balance, on
the affidavit of some credible person conversant in the affairs of
the said Adam
Fisher being lodged therewith, that the same certificate was, to the knowledge
or belief of such person, received on account of the public assessment;
and the
executors or administrators aforesaid shall be entitled to the like
allowances, and
to be made in the same manner, as the said Adam Fisher would have been
entitled,
and the same shall be discounted out of the bond to be given by them as
aforesaid, |
And sell A.
Fisher's real
estate, &c. |
III. And,
whereas it may be necessary that there should be a sale of the real
estate of the said Adam Fisher, or of some part thereof, to raise money
towards
payment of the said balance, Be it enacted,
That the executors or administrators
may, if necessary, with the approbation of the orphans court of Frederick
county, sell any part, or even the whole, of the real estate of the said
Adam
Fisher, for the purpose aforesaid, and convey the same, on the purchase
money
being paid, provided a general state of the affairs of the said Adam Fisher
be
previously exhibited to the orphans court of Frederick county in writing,
shewing,
in the judgment of that court, the necessity of such sale, with the terms
thereof. |
Same remedy
may be had
on executors
bond, &c. |
IV. And be it
enacted, That the same remedy and proceedings shall be had
on any bond to be given in pursuance of this act as may or might by law
be had
on the bond of the said Adam Fisher as collector aforesaid; and on
the said bond
being given, approved, and lodged with the treasurer as aforesaid, and
the payment
of all costs, the bond of the said Adam Fisher as collector aforesaid,
and
all proceedings at law thereon, shall be discharged as to any other
intent than
for the benefit of the persons giving a new bond to bind the estate
of the said
Adam Fisher for their indemnity; provided, that if such bond as aforesaid
shall
not be given by the executors or administrators of the said Adam Fisher
on or
before the first day of February next, that then they, nor any of them,
shall
have or exercise any power or authority by virtue of this act. |
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