1847.

LAWS OF MARYLAND.

CHAP. 228.

negligence in executing the requirements of this act
then the said sheriff or coroner together with their sure-
ties shall be bounded held liable for whatever of injury
or damage that shall or may be done in the premises in

consequence of such refusal or negligence as afore-

said.

May file an-
swer to peti-
tion.

SEC. 4. Be it further enacted, That any individual,
association of individuals or body corporate engaged
as aforesaid, against whom said petition or petitions
shall or may be filed and preferred by persons in his or
their employ as aforesaid or by the furnisher or furnishers
of any ore, clay, coal other raw material as aforesaid
shall be and are hereby privileged and entitled to file

an answer thereto, if he or they shall deny or controvert

any of the facts necessary to be set forth in said petition

or petitions, and the issue thus made up between, the
party or parties to the said petition or petitions and the
party or parties against whom the same shall or may be
preferred shall be tried by the court of the county or by
any judge in vacation as aforesaid, who shall after a full
hearing of all the facts and circumstances thereupon
determine whether of not a receiver or receivers should
be appointed for the object and purposes hereinbefore

Proviso.

mentioned; provided always, that the trial and disposal
of the issue between the parties aforesaid shall not be
delayed or postponed by, any, demurrer, plea in abate-
ment or other method of delaying and postponing suits
at law or in equity, but the same shall be determined and
deposed of at the same term of the court at which the
said potion, or petitions shall or may be presented and
filed, if the court shall be then in session, and if the
court shall not be in session at the time, then the same

shall be tried and finally disposed of at the next term of
the said court which shall or may. be held subsequent to the
said application being made to a judge in vacation for
the appointment .of a receiver or receivers as herein
prof idea .and required.

Receiver to
give bond.

SEC. 5. Be it further enacted, That the said receiver
or receivers hereby authorised to be appointed as afore-
said, shall before entering upon the discharge of his or
their duties, give bond and security for the faithful per-
formance thereof, the said bond and security with the
amount thereof to be fixed and approved by the court
or judge as aforesaid to whom the application for his or
their appointment shall be made, and the said receiver or
receivers together with their sureties, shall be bound
and held liable for any and every default, negligence or
malfeasance in his or their office aforesaid.