1790.
Passed December
22. |
LAWS of MARYLAND.
CHAP. LX.
An ACT for continuing the act, entitled, An act for enlarging
the power of the high court of chancery, and the several
supplementary
acts to the said act, and for increasing the power of
the said court with respect to the personal estates
of idiots and
lunatics. |
Several acts
continued. |
BE it enacted,
by the General Assembly of Maryland, That an act of assembly,
made at a session begun and held at the city of Annapolis on Monday
the seventh of November, seventeen hundred and eighty-five, entitled,
An act for enlarging the powers of the high court of chancery, and the
several
supplementary acts to the said act, be and are hereby continued, and shall
be and
remain in full force until the thirtieth day of October, seventeen hundred
and
ninety-seven, and to the end of the next session of assembly which shall
happen
thereafter. |
Chancellor
may direct the
sale of personal
property,
&c. |
II. And be it
enacted, That for and during the continuance of the said act,
the chancellor shall have full power and authority to direct the sale of
any personal
property belonging to any idiot, lunatic, or person non compos mentis,
whose
person and estate hath been, or shall be, committed to a trustee or trustees,
provided
it shall appear to the said chancellor to be beneficial to the said idiot,
lunatic,
or person non compos mentis, to convert the personal estate into
money, and
place the same on interest; and provided that no sale of the said property
be
valid until the purchase money be paid, or a bond taken for the same in
the name
of the trustee or trustees, as such, with two good securities, to be approved
by
the chancellor. |
Passed December
22. |
CHAP. LXI.
A Supplement to the act, entitled, An act for the better administration
of justice in the several counties of this state. |
Governor, &c.
not to be confined
in their
choice,
&c. |
BE it enacted,
by the General Assembly of Maryland, That the governor
and the council shall not be confined, in their choice of a chief justice,
to
persons residing within the district for which such chief justice shall
be
appointed. |
Chief justice,
&c. not to act
as attornies. |
II. And be it
enacted, That neither the chief justice of any district, or any
of
the associate justices, shall, after their appointment and qualification,
act as an
attorney or solicitor in any court of law or equity in this state during
this time
that they shall respectively act as such. |
Writs to be
tested, &c. |
III. And be
it enacted, That writs issuing out of any of the said county courts
shall be tested in the name of the chief justice, and in case of his
death, before a
new appointment, in the name of the associate justice first named in the
commission;
and all writs shall be returnable on the days appointed by the said original
act, and this supplement. |
Clerks to
make out two
copies of the
levy list, &c. |
IV. And be it
further enacted, That the clerks of the respective county courts
shall, under the penalty of twenty pounds current money for every omission
or
neglect, in the month of November, yearly, during the continuance of the
said
original act, make out and transcribe two fair copies of the levy list
allowed by
the justices of the respective levy courts against the said counties, containing
the
several charges and sums levied and assessed on their respective counties,
one copy
whereof shall be transmitted to the clerk of the senate, and the other
copy thereof
to the clerk of the house of delegates, for the information of the general
assembly. |
Associate justice
not to act
as a justice of
peace, &c. |
V. And be it
enacted, That no associate justice shall exercise any powers of
a
justice of the peace under the act for the speedy recovery of small debts
out of
court, or of any supplementary act thereto. |
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