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WILLIAM SMALLWOOD, Esq; Governor.
time of payment is elapsed, or extended by the indulgence of the legislature,
may give notice in writing to the principal debtor, that he requires
him to give
new security to the state for the debt and interest then due, and such
principal
debtor shall, within six weeks after such notice and request, give new
bond to
the state, with two good securities, for the payment of the debt and
interest then
due, which securities shall be approved of by the treasurer of the western
shore;
and to enable him to judge the better of their sufficiency, he may require
a certificate
of the assessment of their property, and may examine them on oath or affirmation
(to be administered by him) touching their property, and the value thereof,
or any encumbrance thereon; and the said treasurer is directed not to accept
the new securities, unless he shall be fully satisfied that they are
sufficient; and
on the treasurer approving the said new bond, which shall then be cancelled,
and
such new bond shall be subject, to every intent and purpose, to the same
mode
of recovery as the first bond; and if the principal debtor shall refuse
to give such
new security as above directed, within the said six weeks, the said
treasurer (on
the request of the security, or his executor or administrator, and
a copy of the
said notice and request being lodged with him, with an affidavit thereon
of the
service) shall order an execution against the principal on his bond for
the whole
debt and interest with costs. |
1787.
CHAP.
XL. |
III. And be
it enacted, That where any principal debtor to the state shall die,
the time of payment being elapsed, or extended by the legislature, any
security
of such principal debtor, or the executor or administrator of such security,
may
give notice in writing to the executor or administrator of such principal
debtor in
the same manner as notice might be given to the principal, if living; and
on
neglect of the executor or administrator to give such new security, the
treasurer
of the western shore, on request of such security, or his executor or administrator,
and on a copy of the notice and request, and affidavit of the service thereof,
being
lodged with him, shall order scire facias against the executor of
administrator of
such principal debtor on his bond for the whole debt and costs, and on
judgement
being obtained, the said treasurer shall issue execution thereon. |
Where the
principal
shall die, security,
&c.
may give
notice, &c. |
CHAP. XLI.
An ACT for the payment of the journal of accounts. |
Passed December
17. |
WHEREAS it appears by the journal of accounts of
this session, that
there is now due from this state the sum of seven thousand five hundred
and six pounds thirteen shillings and one penny, current money: |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That the treasurer
of the western shore shall, and he is hereby authorised and required to
pay the
several persons, their executor, administrators, assigns or orders,
or to such of
them as shall offer to receive the same, the several sums of current money
allowed
to them respectively, as they appear to be settled and ascertained
by the said journal
of accounts, out of any money now in the treasury, or that shall come into
the treasury, subject to the appropriation of the general assembly. |
Treasurer to
pay journal of
account, &c. |
III. And be
it enacted, That all or any of the public creditors on the journal,
may have their election to receive a certificate or certificates from the
treasurer
of the western shore, signed by him, and expressing in the whole of such
certificates
the sum of current money due to such creditor or creditors respectively,
which certificates shall be payable to the collectors of taxes due on any
public
assessment, or in the treasury for interest due, or composition on certificates,
and
any collector may pay any such certificates into the treasury as specie,
without
any oath concerning his receipt thereof; or, if any of the said certificates
shall
not be so discounted, the treasurer of the western or eastern shore shall
receive
the said certificates, and pay the money due thereon to the bearer, out
of any
money in the treasury, and subject to be appropriated by the general assembly;
and the treasurer of the western shore shall, on the request of any
person having
an allowance on the said journal, and not taking a certificate as aforesaid,
retain |
Creditor
may receive
certificates,
&c.
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