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Session Laws, 1833
Volume 210, Page 37   View pdf image (33K)
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JAMES THOMAS, ESQUIRE, GOVERNOR.

1833.

fire in April last, and that Margaret McKinly, who is en-.
titled to dower in said lot, is not able to pay her propor-
tion of the expenses of repairing or putting the walls now
standing, in good tenantable order; AND WHEREAS, the said
Samuel P. Smith and Reuben Worthington; have prayed
the General Assembly to authorise the county court of Al-
legany county to adjudge and determine the annual sum,
the said Mrs. Margaret McKinly, shall receive for her
dower, and the prayer of the petitioners being reasonable
and founded in justice and equity—Therefore,

CHAP. 32.

Section 1. Be it enacted by the General Assembly of Ma-
ryland, That the county court of Allegany county be and
is hereby authorised upon the application of Samuel P.
Smith and Reuben Worthington, their heirs or assigns, at
their next ensuing term, by bill or petition setting forth the
nature and object of their application, to order and direct
the case to be docketed for adjudication.

Authority to docket
a cue

Sec. 2. And be it enacted, That the court at which the
petition shall be filed, shall direct a summons or citation to
be issued notifying the said Margaret McKinly, of the na-
ture and object of the petition, and the court shall after
hearing the allegations of the parties, adjudge and deter-
mine what sum under the circumstances of the case, the
said Smith and Worthington, their heirs or assigns shall
annually pay, to the said Margaret McKinly, as an annui-
ty, for the space of three years from the adjudication of
the same.

To fix annuity for
three years

Sec. 3. And be it enacted, That the sum that may be ad-
judged and determined upon by the said court shall be con-
sidered a compensation for the widow's dower, and may be
collected and recovered in the same manner, as if this act
had not been passed, but no greater or larger sum shall be
recoverable than the sum adjudged as aforesaid, for the
time as aforesaid.

Which shall he re-
coverable, &c.

Sec. 4. And be it enacted, That if either of the parties
shall prefer a trial by jury, the court at which the petition
shall be filed, shall direct a jury to be impannelled to ad-
judge and determine upon any issue or issues framed under

Appeal allowed

direction of the court, what annual sum shall be awarded
to the said Margaret McKinly, and such finding of the jury
shall be final and conclusive.

Verdict final

Sec. 5. And be it further enacted, That the judgment of
the court upon the decision or adjudication of the jury
shall have all the force and effect, as if the decision or ad-

Operation of deci-
sion



 
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Session Laws, 1833
Volume 210, Page 37   View pdf image (33K)
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