|
CHAP.
LVIII.
|
possessed of a large real and personal estate, leaving three children who are minors: And whereas
it is represented that the interest of the said minors would be greatly promoted by the sale of the
lands for the creditors; therefore,
II. BE IT ENACTED, by the General Assembly of Maryland, That the orphans court of Worcester
county shall have full power and authority, on the petition of said Martha Robins, (provided the
court shall be satisfied that it will conduce to the benefit of the said minors, ) to order the sale of
said real estate, upon such terms, and with such conditions, as the court may think proper, and to
appoint a trustee for the purpose of effecting such sale, which said trustee, before he proceeds to
act by virtue of this appointment, shall give bond to the state of Maryland in such penalty, and with
such security, as shall be prescribed and approved of by said court, tor the faithful performance of
the trust reposed in him.
III. AND BE IT ENACTED, That the said bond shall be filed and recorded in the office of the re-
gister of wills of Worcester county, a copy whereof, under the seal of the orphans court of said
county, shall be received in evidence in any court of law or equity in this state.
IV. AND BE IT ENACTED, That any conveyance or deed made by the trustee 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 and real estate aforesaid, to the purchases
or purchasers of the same.
V. AND BE IT ENACTED, That the said orphans court shall direct notice to be given of the time
and place appointed for the sale of. said lands, by advertisement set up in the most public places in
said county, and some convenient news-paper, at least six weeks before the sale, and the said court
shall also direct the said lands to be sold on a credit of not less than twelve months.
VI. AND BE IT ENACTED, That the money arising from the sale of the lands in the hands of the
trustee to be appointed by virtue of this act, after deducting the expenses of the sale of said lands,
to be ascertained by the orphans court of Worcester county, shall be applied, under the direction
of said court, towards the payment of the debts of the said Littleton Robins and if any balance
should remain after the payment thereof, it shall be paid over, under the direction of said court, to
the guardian of the children of the said Littleton.
VII. AND BE IT ENACTED, That it shall be the duty of the register of wills of said county, and
he is hereby directed, to audit and adjust the accounts and claims of the creditors against the said
Littleton Robins, but the said register is hereby directed to give notice to the said creditors, by
advertisement in one of the news-papers printed at Easton, at least six months previous thereto,
requiring them to bring in to him their respective accounts and claims legally authenticated.
VIII. AND BE IT ENACTED, That if the trustee aforesaid shall neglect or refuse to pay to the
creditors of the said Littleton Robins severally the sums ascertained to be due to them respectively,
his bond aforesaid may be put in suit by the creditor whom he may neglect or refuse to pay, upon
which suit such creditor shall recover the sum ascertained to be due by the said register, with in-
terest and costs of suit.
CHAP. LIX.
|
|
Passed Decem-
ber 23, 1810.
|
An ACT for the relief of Clotworthy Birnie.
WHEREAS Clotworthy Birnie, of Frederick county, has emigrated to, and settled in, this
state, with his family, and hath made a declaration, as prescribed by law, preparatory to his
becoming naturalized at the expiration of the limitted period of residence, and the said Birnie is
desirous of acquiring and holding real property, and may possibly have real estate devised to him
before he can be naturalized agreeably to law; therefore,
II. BE IT ENACTED, by the General Assembly of Maryland, That the said Clotworthy Birnie may law-
fully and fairly take, hold or acquire, any real property within this state, whether the title to such
real estate be derived by grant, gift, purchase or devise, as amply and fully as if his title or claim
to the said property had been acquired after he shall have become naturalized; provided, that un-
less the said Clotworthy Birnie shall proceed according to law to make himself a citizen of the
United States, this act shall have no effect to take, hold or acquire, real property as above mention-
ed, nor shall he, nor any person claiming under him, derive any benefit by this act, but if the said
Clotworthy Birnie shall die before the time when, by the laws of the United States, he may become
|
