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JOHN EAGER HOWARD, Esq; Governor.
next, lodge with the said board a writing, under the hand and seal of
all the
obligors, if living, or the legal representatives of such as shall
be dead, expressing
their consent to accept of the said indulgence, acknowledged before
some
justice of the peace of this state, and certified by the clerk of the
county where
the said justice resides, under his hand and seal of office, and pay
all arrears of
interest to the first day of December, seventeen hundred and eighty-nine,
in
specie; and if the said board shall require better security, a new
bond shall be
given, payable as aforesaid, with such security as the bond shall approve,
on or
before the said first day of August next; and if the debt is not on
bond, the
debtor shall, on or before the same day and year, give bond, payable
as aforesaid,
with such security as the said board shall approve, and pay legal interest
from the
time the debt ought to have been paid to the said first day of December,
seventeen
hundred and eighty-nine, in specie. |
1789.
CHAP.
XLVII. |
V. And be it
enacted, That all bonds, taken in virtue of this act, shall be a
lien on all the real estate of the obligors from the date thereof; and
in cases
where consent is given as aforesaid, to accept of the indulgence of this
act,
and no new bond taken, all the real estate of the person giving such consent
shall
be burthened with, and liable to, the debt from the date of the said
writing;
provided always, that if a schedule of real property of the obligors in
any bond,
or of the persons signing any writing of consent as aforesaid, shall be
annexed to
any bond or writing of consent, (together with the oath of the parties,
that the
same has not been conveyed or mortgaged, or otherwise incumbered, or if
mortgaged,
or otherwise incumbered, to what amount,) which the said board shall
judge fully sufficient to secure the debt due to the state, in such case
the said bond,
or writing of consent, shall not operate as a lien on any other real
property than
what is contained in the said schedule. |
Bonds to be a
lien, &c. |
VI. And be it
enacted, That if the principal debtor in any bond shall not be
able to procure the consent of his securities, to accept of the indulgence
offered
by this act, or if the said securities shall be infants, under the age
of twenty-one
years, or under any other legal incapacity of giving consent, and the said
principal,
in such case, will give a new bond, payable as aforesaid, with such security
as the said board shall approve, and comply with the terms and conditions
herein
before expressed, by the said first day of August next, the said new bond
shall be
accepted, and the old one cancelled; and if the securities of any of the
said
debtors shall not be able to procure the consent of the principal, to accept
of
the said indulgence, they shall, on complying with the terms and conditions
aforesaid, and giving a new bond, with security as aforesaid, on or before
the said
first day of August next, be entitled to an assignment of the old bond
from the
treasurer of the western shore, who is hereby authorised to make the same,
and
may have the same proceedings thereon, in their own name, and for their
own
use, as the state might have had. |
Principal, in
certain cases,
may give a
new bond,
&c. |
VII. And be
it enacted, That after the instalment of any debt as aforesaid,
if
the debtor shall fail in paying any part of the principal or interest,
at the several
times above mentioned, a fieri facias shall issue, on which the
property of the
debtor shall be sold, and the whole balance of principal and interest due
on such
instalment levied. |
On failure in
payment, property
to be
sold, &c. |
VIII. And be
it enacted, That all of the said debtors, who do not instal their
debt as aforesaid, shall, after the said first day of August next, be proceeded
against, in the most expeditious way that the law authorises, for the recovery
of
the said debts. |
Debtors who
do not instal
to be sued,
&c. |
IX. And be it
enacted, That the said board shall inquire carefully into the
circumstances of all the public debtors aforesaid, who have already bonded,
and
of their securities, and in case of doubt of their sufficiency, require
new bonds,
with such securities as they shall approve, and to call on all the
said debtors who
have not bonded, to give bonds, payable as aforesaid, with such security
as the
said board shall approve, on or before the said first day of August next,
and in |
Board to inquire
into the
circumstances
of debtors,
&c. |
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