JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1802.

XI. AND BE IT ENACTED, That on all sales to be made by the governor and council, and under
their direction and appointment, of confiscated property, in pursuance of this act, deeds shall be
executed by the chancellor to the purchaser or purchasers, in the same manner as for other confis-
cated property heretofore disposed of.

C H A P:

C.

Deeds to be ex-
ecuted, &c.

XII. AND BE IT ENACTED, That in all cases where bonds shall be taken in virtue, of this act,
such bonds shall be a lien on the real property of the obligors from the date thereof, or on so much
of the said real property as the governor, and council shall think sufficient, to he particularly men-
tioned in a schedule to be annexed to the said bond, in which case it shall be a lien en the property
contained in such schedule, and no more, such bond and schedule to be lodged with the treasurer of
the western shore, and all such bonds shall express the county in which the obligors respectively re-
side; and the treasurer of the respective shores shall, within one month after they receive them re-
spectively, cause them, with the schedules annexed to them, to be recorded in the office of the cterks
of the western and eastern shores respectively, at the expence of the obligors, and a copy of said
record, certified under the hand and official seal of the clerk in whose office the same record shall
have been, made, shall be as. good evidence in any court of law or equity in this state as the original
bond would be if it was produced.

Bonds to be a
lien, &c,

XIII. AND BE IT ENACTED, That the governor and council be and they are hereby requested to
make communications to the next general assembly of the several proceedings under this act.

Communicati-
ons to be made.

XIV. AND BE IT ENACTED, That the governor and- council be and they are hereby authorised
to allow to any person whom they shall think proper to appoint to sell any real property directed to
be sold in virtue of this act, a sum not exceeding three per centum on the amount of any sale.

C H A P. CI.

Commission to
be allowed, &c.

A Supplement to an act for amending, and reducing into system the
laws and regulations concerning last wills and testaments, the duties
of executors, administrators and guardians, and the rights of orphans
and other representatives of deceased persons.

Passed 8th of
January, 1803.

BE IT ENACTED, by the General Assembly of Maryland, That if an executor or administrator con-
ceives that he hath not assets sufficient to discharge the ctaim, or any part thereof, for which
a suit shall be brought against him, he may plead the fact, and a trial by a jury shall be had there-
upon; and if, on any trial so had against an executor or administrator, and the debtor demand of
the plaintiff shall be contested, and there be any other issue joined thait upon the subject of assets,
the jury, if they find for the plaintiff upon the Issues so to be joined, and the amount of assets so
found by them be less than the debt or demand of the plaintiff, they shall dectare the- amount of the
debt or demand, and likewise the sum to be paid by the defendant, to the plaintiff, regard being had
. to the amount of assets in hand, and the debts due from the deceased, the court shall thereupon
enter judgment against the defendant for the penalty of the bond_t or damages laid in the plaintiff's
dectaration, and cost of suit, if the court shall so direct, which said debt of damages shall here-
leased upon the payment of the sum ascertained to be paid by the verdict of the jury, and interest
thereon from the time of rendering the said judgment, which said sum, so ascertained to be paid by
the verdict of the jury, is to be levied of the goods and chattels of the deceased, or of the proper
goods and chattels of the defendant, and residue of the debtor damages, so ascertained as afore-
said, is to be levied of the goods and chattels of the deceased which may hereafter come to the
hands of the defendant to be administered, with interest as aforesaid, or of the proper goods and
chattels of the defendant; and if such goods and chattels shall thereafter come to the hands of the
defendant, as executor or administrator as aforesaid, or into the hands of any other person who may
have authority to administer the goods of the deceased, the plaintiff may issue on the said judgment
a writ scire facias suggesting the coming of assets to the hands of the executor or administrator,
liable and. subject to the payment of the residue of the said debt or demand, with interest as afore-
said so ctue, upon which, if the defendant contests the same there shall be a trial by jury as afore-
said; provided nevertheless, that in all cases where the amount of the ctaim of the plaintiff has
been ascertained, by confession or otherwise, in any case now depending in any court, and the same
has been referred to an auditor to ascertain the sum for which judgment shall be entered agreeable
to the provisions of the act to which this is a supplement, that the auditor, previous to his marshall-
ing the assets, shall cause notice to be given to the executor or administrator of the time and place
of his proceeding to marshal the assets as aforesaid, and should it appear to the auditor that there
P has

Executors, &c.
may plead, 8tc.