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Session Laws, 1807
Volume 596, Page 39   View pdf image
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ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

1807.

of this act, to deliver to such person or persons chargeable with the same, at least thirty days pre-
vious to levying such execution or distress, an account, written in words at full length, of the taxes
or public dues demanded of him, her or them, with an affidavit annexed, if required, that he hath
not received any part thereof, nor any thing as security or satisfaction for the same, more than cre-
dit given, to the best of his knowledge.

CHAP.
LXV.

IV. BE IT ENACTED, That the said Benjamin Ray, before he derives any benefit from or un-
der this act, shall lodge a copy of his collection books in the sheriff's office of Montgomery coun-
ty, to be opened for the inspection of all persons interested in the same.

CHAP. LXVI.

Books to be
lodged, &c.

An ACT authorising and directing the sales of certain lands lying
in Worcester county, belonging to William Fleming, deceased.

Passed 20th of
January, 1808.

WHEREAS it is represented to this general assembly, that William Fleming, late of Worces-
ter county, about two years since removed to the state of New-York, with an intention of
residing therein, and having purchased a tract of land in the aforesaid state, and, some short time
thereafter died intestate, leaving a widow and two small children, and he the said William having
made no provision for the payment of the said lands purchased in the state aforesaid, and owning
lands in Worcester county, in the state of Maryland, which he intended to have sold in order to
meet the payment of the lands purchased as aforesaid in the state of New-York; therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That the orphans court of Worcester
county shall have full power and authority, upon receiving a petition from Sally Fleming, of the
state of New-York, widow of the said William Fleming, deceased, praying the sale of such lands
as the said William Fleming died seized of in said county, and the court being fully satisfied that
the same will be of great advantage to the heirs of the said William Fleming, deceased, shall have
full power and authority to order and direct a sale of the lands aforesaid, in such manner, and on
such terms, as they may think proper, and shall appoint a trustee or trustees to superintend the sale
of the said lands of the said William Fleming, deceased; and which said trustee or trustees is
hereby authorised, upon the whole of the purchase money being paid up and satisfied, to convey by
deed, such as is usual, to the purchaser, or purchasers, all the right and title of the said William
Fleming, deceased, of, in and to, the aforesaid land, and so as not to affect elder or more ancient sur-
veys; and the said trustee or trustees are further directed to produce proper vouchers of the debts
due from the said William Fleming, deceased, for the lands aforesaid purchased in the state of New-
York, and thereupon the orphans court is hereby further authorised and empowered, to direct the
said trustee or trustees to pay over to the administratrix of the said William Fleming, deceased, or
order, such sum or amount as may appear to them to be due for the land purchased by the said Wil-
liam Fleming in the state of New-York, deducting first the proper cost and expenses for the sale of
the lands aforesaid.

Court may or-
der a sale, &c.

III. AND BE IT ENACTED, That any sale or decree of the land aforesaid, and conveyances there-
upon made and done under the directions and authority of the orphans Court of Worcester county,
by the trustee or trustees aforesaid, shall be as good and valid in law as if the same had been made
and done by the said William Fleming in his life-time.

Sale to be good,

&c.

IV. AND BE IT FURTHER ENACTED, That before the trustee or trustees shall proceed to act under
the authority of the court aforesaid, and agreeably to the provisions of this law, the trustee or trus-
tees shall give bond to the state of Maryland, with such security as the said court shall think pro-
per, for the faithful performance of the trust reposed in them, and the said bond shall be filed in the
clerk's office of Worcester county, there to be recorded.

Trustee to give
bond, &c.

V. AND BE IT ENACTED, That out of the money arising from the sale of the lands of the said
William Fleming, deceased, in Worcester county, after all cost and charges shall have been paid
under the directions and authority of the orphans court aforesaid, that the said court may and shall,
at their discretion, allow the said Sally Fleming, widow of the said William Fleming, deceased, a
sum of money not exceeding one seventh part of such balance, and that the said court is hereby au-
thorised and empowered to direct the trustee or trustees to purchase shares of bank stock in the
Farmers Bank of Maryland, with such balance of money as may remain, after deducting the aforesaid
allowance made to the aforesaid widow, arising from the said sale, in the name and for the use of Tho--
mas Fleming and Nancy Fleming, heirs of the said William Fleming, deceased, and that the yearly
dividends shall be paid over to the trustee or guardian of said children far their education and main-

Money, how
to be applied,
&c.



 
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Session Laws, 1807
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