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Session Laws, 1802
Volume 559, Page 57   View pdf image (33K)
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1802.

NOVEMBER LAWS OF MARYLAND.

CHAP.
C.

state, the governor and council may appoint a fit and proper person to sell the same at public sale,
upon such notice, and upon such terms, as they shall direct; anel the said person so appointed, be-
fore he proceeds to act, shall give bond to the state, with sufficient security, conditioned for the
faithful performance of the duties required or him, and shall take bonds to the state, with good and
sufficient security, to be approved of by the treasurers of the respective shores, if such sale shall be
directed to be on a credit, which shall in no case exceed two years, and the bonds, when taken, shall
be deposited with the treasurer of the western shore, and reported by the treasurer to the next ge-
neral assembly thereafter.

Direct the at-
torney-general,
&c.

VI. AND BE IT ENACTED, That in all cases in chancery where no compromise is effected, the
governor and council shall be and they are hereby authorised and empowered to direct the attorney-
general to prosecute and defend the same to immediate final decision, and in cases of difficulty, to
ctirect aid to the attorney-general, by employing any person to attend to surveys where necessary, or
otherwise to assist in the prosecution or defence of said suits, to be paid out of the contingent fund
of five hundred pounds.

Direct process
to issue, &c.

VIL AND BE IT ENACTED, That if any bond debtor to the state for confiscated property, or
otherwise, shall neglect to make payment agreeably to the condition of his bond, and sundry resolves
of the general assembly, the governor and council may direct process to issue for the whole principal
and interest then due, or may proceed on any execution against any state debtor already issued, and
served and suspended, as occasion may require, or may direct any execution to be delayed as long as,
they may think expedient and necessary; and no process shall issue against any of the public debtors
unless by the direction of the governor and council; and all sales of property taken by fieri facias at
the suit of the state, may be suspended by the governor and council from time to time, as they may
think most to the advantage of the state, and may direct executions against the body of any state
debtor to be entered " not called by consent."

VIII. Whereas many persons have made discoveries of British property, confiscated property, or
property liable to confiscation, to the governor and council, the late intendant, and late agents of
the state, and have made application to purchase the same upon the terms held out by law to the
discoverers : And whereas there is.no person invested with authority to estimate the value, or fix a
reasonable price for the said property, and to compound with the person or persons making such

May com-
pound, &c.

discovery, or with the person or persons applying to purchase the same, BE IT ENACTED, That the,
governor and council be and they are hereby empowered to compound with all persons who have
heretofore made discovery of British property, confiscated property, or property liable to confisca-
tion, either to the governor and council, the late intendant, or any of the state agents, and to allow
not exceeding one third of the value of such property to any person or persons having made such
discovery, and who shall make application to the governor and council on or before the first ctay of
May next, to compound for and purchase the same, and the said governor and council are hereby
authorised to dispose of such property to such applicants, and take bonds with good and sufficient
security, to be approved of by the treasurer of the western shore, for the purchase money, bearing
interest, payable to the state at the periods that may be agreed on.

And sell the
state's right,
&c.

IX. BE IT ENACTED, That if such discoverers shall not make known to the governor and council
the title of the state to the property aforesaid, on or before the first day of May next, or shall re-
fuse or neglect, on or before that day, to agree for the purchase of the same, that then the governor
and council shall be and they are hereby authorised to sell and dispose of the state's right to the said
property to any person or persons applying to purchase the same, or may appoint a fie and proper
person as aforesaid, who shall give bond as aforesaid, to sell the same at public sale in the manner
as is herein before directed, without making such discoverers, who refuse or neglect as aforesaid, any,
compensation.

Persons pur-
chasing may
prosecutr, &c.

X. AND BE IT ENACTED, That it shall and may be lawful for any person or persons purchasing
as aforesaid any confiscated British property under the authority of this act, to prosecute any suit or
suits, either in law or equity, in the name of the state, for recovery of said property for their use ;
provided that the said state shall not be liable to pay any costs incurred in prosecution of said suits,
but that the same shall be paid by the person or persons for whose use said suits shall be prosecuted;
and provided also, that in all such sales, so to be made by the governor and council, or under their
direction and appointment, it shall be made known, and it shall be a condition thereof, that they
only sell the right of the state thereto, and that the state doth not guaranty the title to the same,
or any part thereof, but that the purchase must be in all respects at the risk of the purchaser.
XI. ANF



 
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Session Laws, 1802
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