1808.

NOVEMBER, LAWS OF MARYLAND.

CHAP.

XV,

G Robertson,
&c. to convey
all the right,
&c.

II. BE IT ENACTED, by the General Assembly of Maryland, That the said George Robertson and Do-
rothy Robertson, or the survivor of them, be and they are hereby authorised and empowered, by a
good and sufficient deed, duly executed and acknowledged agreeably to law, to make over and con-
vey to John Leatherbury, of Robert, and his heirs and assigns, for ever, all the right, title, interest
and estate, of John, Alexander, Maria, Elizabeth, and Sarah Anne Waters, (minors and children
of the said George Robertson, and Thomas and James, (minors and children of the said James Ro-
bertson, deceased, ) of, in and to, the lands and premises aforesaid; provided nevertheless, that the
said George Robertson and Dorothy Robertson, shall give bond, payable to the state of Maryland,
with two sureties, to be approved of by the orphans court of Somerset county, in the penalty of
eight thousand dollars, conditioned, that the purchase money, viz. the sum of fifteen hundred and
seventy five pounds, current money of Maryland, shall be secured to be paid to the aforesaid devi-
sees in remainder, after the termination of the life estate as aforesaid, to each respectively arriving
at lawful age, his or her just proportion, and also annually to account to the orphans court of So-
merset county for the interest arising thereon from the time they shall be entitled to receive the same.

CHAP. XVI.

Passed 20th of
Dec. 1808
Commissioners
appointed, &c

An ACT to open a road in Frederick county.

BE IT ENACTED, by the General Assembly of Maryland, That Levin Hays, John Gatzendanner,
Godfrey Leatherman, Lewis Rauzahn, Jacob Staley, George Marker and Philip Baer, be and
they are hereby appointed commissioners, and they, or a majority of them, are hereby authorised as
commissioners to lay out and open, at the expense of said county, a road not exceeding twenty feet
Wide, from the Washington county line, near the north end of Hughe's coaling ground, at the most
convenient place, and running thence by or near John Hoover's and Godfrey Leatherman's crossing
Catoctin creek, at or near Gavin's old ford, thence to Joseph Miller's mill, thence to the old oil
mill, now Jacob Staley's, thence on the most convenient ground, so as to do as little injury as possi-
ble to the lands through which it may pass, to cross the Catoctin mountain, near the high knob, and
thence to Frederick town, or to intersect the turnpike, at the most convenient place; provided that
the said road shall not pass through any houses, gardens, orchards or meadows, unless with the con-
sent of the owner or owners thereof; and the said road when so laid out and completed shall be re-
corded among the records of said county, and be thereafter deemed and taken to be a public road,
and shall be kept in repair as other roads in said county are directed to be.

CHAP. XVII.

Passed 20th of
Dec. 1808.

An ACT to confirm a sale of land made by the executors of Henry
Willis to Joseph Haines.

Preamble.

WHEREAS it is represented to this general assembly, by the petition of Anne Willis, James
M'Cannon and Francis Hollingsworth, the executors of Henry Willis, late of Frederick
county, deceased, that the debts of the deceased were very considerable, and more than the person-
al estate would discharge, and that from the difficulty of the times money could not be borrowed,
nor the crop sold without a great sacrifice, and that with a view therefore to promote the interest of
those interested in the estate, the executors, one the widow, and one the brother-in-law of the de-
ceased, undertook and did sell to the said Joseph Haines one hundred and fifty acres of land, more
or less, situate in the aforesaid county, at and for the price of forty dollars per acre, the same being
the land the deceased purchased from a certain John Giger, at the same price and on the same terms
thus sold to Haines, and the facts being established to the satisfaction of this assembly, and the dis-
position of the part of the real estate aforesaid appearing evidently the most advantageous for the
estate; in order, therefore, to confirm the title of the said Joseph Haines,

Sale declared
valid, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That the sale of the land aforesaid, made
by the executors aforesaid to the said Joseph Haines, be and the same is hereby declared to be as
valid and effectual as if the said executors had been expressly authorised by the last will and testa-

ment of the deceased to dispose cf the said land.

Executors to
give a deed,
&c.

III. AND BE IT ENACTED, On the payment of the purchase money, and not before, the said
executors, the survivor or survivors of them, shall be and they are hereby authorised in virtue
of this law, by deed, to be acknowledged and recorded according to law, to give, grant, bargain and
sell, release and confirm, to the said Joseph Haines, his heirs or assigns, in fee simple, the land
aforesaid, and all the right, title, interest and estate in and to the same, that was in the said Henry
Willis, deceased, at the time of his death, and upon due execution, acknowledgment and record-
ing of the said deed, the said Joseph Haines, his heirs or assigns, to whom the conveyance shall be