JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR, NOVEMBER,

1802.

IX. AND BE IT ENACTED, That all and singular the sections, clauses and provisions, of the ori-
ginal act aforesaid, which are inconsistent with, and repugnant to, the provisions of this act, be
and the same are hereby severally repealed.

CHAP.
LXVI.
Sections, &c,
repealed.

CHAP. LXVii.

An ACT to appoint Nicholas CarrolL, of the city of Annapolis, and
Nicholas Brice, of the city of Baltimore, trustees for the sale of
certain lands lying in Caecil county, part of the real estate of James
Brice, Esquire, late of the city of Annapolis, deceased.

Passed 8th of
January, 1803.

WHEREAS Juliana Brice, of the city of Annapolis, widow of James Brice, late of the said
city, deceased, and Nicholas Brice, of the city of Baltimore, administrator of the goods
and chattels of the said deceased, by their petition to this general assembly have set forth, that the
said James Brice departed this life sometime in the month of June, in the year eighteen hundred and
one, intestate, leaving a large real estate, lying in Anne Arundel and Caecil counties of this state,
which, since his death, hath descended to his children, Juliana Jenings Brice, Anne Carroll Brice
Elizabeth Dulany Brice, James Frisby Brice, Thomas Jenings Brice and John Brice, all of whom
are minors, under the age of twenty-one years; that the debts due from the said deceased greatly
exceed the amount of personal property in the bands of his administrator; that the said personal
property, (except some few domestic slaves, household furniture, and a small amount in debts due,)
consists entirely of slaves, stock and farming utensils, employed in the cultivation of the said real
estate, and cannot be sold without suspending the cultivation of said estate, and thereby subjecting
the family to great inconvenience and distress; that it will be more beneficial to all parties interest-
ed to preserve a part of the said personal estate, and sell a part of the said real estate for the pay-
ment of the debts, and have prayed that an act may pass to appoint Nicholas Carroll, of the city of
Annapolis, and Nicholas Brice, of the city of Baltimore, trustees, with power to sell all that part
of the deceased's real estate which lies in Caecil county, and to apply the proceeds thereof to the
several objects in said petition set forth; which being thought reasonable, therefore,

Preamble,

II. BE IT ENACTED, by the General Assembly of Maryland, That the said Nicholas Carroll and Ni-
cholas Brice be and they are hereby authorised and fully empowered, as trustees, to sell and dispose
of, at public sale, after such notice, and on such terms and conditions, as the chancellor may appoint
and direct, all that part of the real estate of the said James Brice, deceased, which lies in Caecil
county, and composed of the following tracts or parts of trails of land, to wit : Hargrove's Choice,
Frisby's Prime Choice, Frisby's Forest, Part of Mill Pond, Addition to Forest, and Brice's Trian-
gle, containing in the whole about one thousand acres, or such part thereof as to the chancellor
shall appear best calculated to promote the interests of said heirs, and the same, when sold, and on
the payment of the whole purchase money, and not before, to make over and convey, by good and
sufficient deed or deeds, to the purchaser or purchasers thereof, and the money arising therefrom,
after defraying all legal and necessary expences attending the same, to apply as follow, to wit : to
pay and discharge such sum of money as shall be decreed by the chancellor to the said Juliana Brice
the widow of the deceased, as a compensation for her right of dower in the said lands hereby autho-
rised to be sold; secondly, to purchase from the said Nicholas Brice, administrator of the said James
Brice, deceased, such of the domestic slaves and household furniture of the said deceased as may be
necessary for the convenience and accommodation, of the family of the said deceased, and also such of
the slaves, stock and farming utensils, as may be requisite for the proper cultivation of the lands in
Anne-Arundel county; thirdly, to pay such part of the debts of the said deceased as may remain
unsatisfied from the personal estase, and the balance of the proceeds of such salts, together with
the personal property aforesaid directed to be purchased from the said administrator, to pay over and.
deliver to the said children, if then of age, or to their guardian or guardians for their use; pro-
vided, that before the said trustees shall make any sale in virtue of this act, that they, or the sur-
vivor of them, file with the register of the court of chancery a bond, in such penalty as shall be ap-
proved of by the chancellor, conditioned for the faithful performance of the trust reposed in them by
this act:.

N. Carroll, &c;
to sell, &c.

III. AND BE IT ENACTED, That the chancellor be and he is hereby authorised and empowered,
on application by the said trustees herein before mentioned, or the survivor of them, to direct and
order the terms and conditions of the sale of the said real estate, and on the petition of Juliana Brice,
the widow of the said James .Brice, deceased, to order and decree the said trustees, or the survivor
I of

Chancellor to
direct the
terms, &c,