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Session Laws, 1808
Volume 597, Page 32   View pdf image
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1808.

NOVEMBER, LAWS OF MARYLAND.

CHAP.
LXVI.

Chancellor, on
petition, may
order a sale,
&c.

II. BE IT ENACTED, by the General Assembly of Maryland, That the chancellor shall have full power
and authority, on the petition of the said Elizabeth Lansdale and Clement Brooke, provided he shall
be satisfied that it will conduce to the benefit of the said minors, and secure the interests of the
creditors of the said Isaac Landsdale, deceased, to order and decree the sale of the said tra6ls of
land in Saint-Mary's county, upon such terms as he may think proper, and to appoint a trustee or
trustees for the purpose of effecting such sale.

To be notified,
&c.

III. AND BE IT ENACTED, That any sale made under the authority granted by the provisions of
this act, shall be notified to, and confirmed by, the chancellor, before the conveyance of the proper-
ty shall be made, and bond, in the name of the state of Maryland, with good and sufficient security
to be approved of by him, shall be given by the person or persons empowered to sell the lands under
the decree aforesaid, for the due execution of the trust, which bond shall be deposited with the re-
gister of the court of chancery, to be by him recorded, and shall be subject to be put. in suit by any
person or persons interested.

Trustees to be
accountable,
&c.

IV. AND BE IT ENACTED, That the trustee or trustees to be appointed by the decree aforesaid,
shall be accountable to the guardian of the said minors and the administrators of the said Isaac Lands-
dale, deceased, under the direction of the chancellor, and shall pay over the money arising from the
sale of the tracts of lands aforesaid, in such manner as the chancellor shall or may direct.

Conveyance
declared valid,
&c.

V. AND BE IT ENACTED, That any conveyance or deed made by the trustee or trustees aforesaid,
under the decree of the chancellor as aforesaid, shall be, and the same is hereby declared to be, valid
and effectual to pass and convey all the right, title and interest, of the said minors, in and to the,
tracts of land aforesaid, to the purchaser or purchasers of the same.

CHAP. LXVII.

Passed 23d of
Dec. 1808.

An ACT authorising and empowering Stephen Collins and Whitting-
ton Polk to dispose of the land therein mentioned.

Preamble

WHEREAS it hath been represented to this general assembly, by the petition of Stephen
Dakes, and Jane his wife, that a certain John Hitch, of Somerset county, departed this life,
leaving a widow, the aforesaid Jane, and one infant son named Joshua; that the said John Hitch died
seized of a part of a tract of land called Flower Field, containing about two hundred and seventeen
acres; that the said land is unimproved, and no part of it in a state of cultivation, and that the said
John Hitch by his last will and testament, left all his property, real and personal, to the said Jane
during her life, and then to his son Joshua Hitch, in fee-simple, and that the whole of the personal
estate hath been appropriated to the payment of the debts of the deceased, and that the said minor,
Joshua Hitch, is without any thing to support him: And whereas the said petitioners, together with
the nearest relations of the said minor, have prayed to have a law passed authorising the sale there-
of; therefore,

Trustees ap-
pointed, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That Stephen Collins and Whittington
Polk, or the survivor of them, be and they are hereby appointed trustees, and they are authorised
and empowered to sell and dispose of, at public sale, after such notice, and on such terms and con-
ditions, either together or in such parcels as the orphans court of Somerset county may in their dis-
cretion appoint and direct, all that part of a tract of land, lying in Somerset county, called Flower
Field, the property of the said John Hitch, deceased, containing about two hundred and seventeen
acres, and the same when sold, and on the payment of the whole purchase money, and not before,
to make over and convey, by a good and sufficient deed or deeds, to the purchaser or purchasers
thereof, and the money arising therefrom, after defraying all legal and necessary expenses attending
the same, to apply as follows, to wit: To pay and discharge such sum of money as the said orphans
court shall order, to the said Jane Dakes, the widow of the deceased, as a compensation and in lieu
of her life estate in the said lands hereby authorised to be sold, secondly to pay over the balance of
the proceeds of such sale to the guardian of the said minor Joshua Hitch, for the use of said minor;
provided, 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 said orphans court a bond, in such penalty as shall be ap-
proved of by the said orphans court, conditioned for the faithful performance of the trust reposed
in them by this act.

Bond to be
filed, &c.

III. AND BE IT ENACTED, That the said bond, when approved of by the orphans court of So-
merset county, with the condition, as aforesaid, shall be filed and recorded in the orphans court of



 
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Session Laws, 1808
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