164

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

Passed Feb.
25, 1824.
Preamble.

CHAPTER 205.
An act for the benefit of Ann Rochester and Francis Rochester.
Whereas, it is represented to this General Assembly, that Ann
Rochester and Francis Rochester, son of Daniel Rochester, deceased,
of Queen Ann's county, are possessed of certain lands adjoining the
lands of Winbert Tschudy, and that it would he advantageous to ex-
change the said lands with the said Winbert Tschudy—Therefore,

Deed autho-
rised.

Sec. 1. Be it enacted by the General Assembly of Maryland, That
it shall and may be lawful for Ann Rochester and Francis Rochester
within six months after the passage of this act, to execute and acknow-
ledge a deed of bargain and sale conveying to Winbert Tschudy, his
heirs and assigns, any part of the lands in Queen Ann's county, now
held and owned by the said Ann Rochester and Francis Rochester,
as by the last will and testament of Daniel Rochester may appear, and
that the said deed when executed, acknowledged and recorded in the
manner directed by the laws of this state, shall have the same force
and effect as if the said Francis Rochester had obtained the age of
twenty-one years before the execution of the deed: Provided always,
that the said deed so to be executed by the said Ann Rochester and
Francis Rochester, shall not pass any interest or estate in the lands
therein mentioned, until the said Winbert Tschudy shall execute and
acknowledge a deed of bargain and sale. conveying to the said Ann
Rochester and Francis Rochester, his heirs and assigns, so much land
as shall be equal in value to the land to he conveyed as aforesaid by
the said Ann Rochester and Francis Rochester.

Commission-
ers to esti-
imate and cer-
tify.

2. And be it enacted, That Benjamin S. Elliott, Francis Kirby, Na-
thaniel Meginnis, James Roberts, and David Spry, of Queen Ann's
county, be, and they are hereby authorised to estimate and ascertain
the value of the lands to be conveyed to the said Ann Rochester and
Francis Rochester; and it is hereby enacted and declared, that the
deed to be executed by the said Ann Rochester and Francis Roches-
ter shall not have any force or effect, unless the said Benjamin S. El-
liott, Francis Kirby, Nathan Meginnis, James Roberts, and David
Spry, shall, by a certificate under their hands, to be endorsed on the
deed to be executed by the said Winbert Tschudy to the sard Ann Ro-
chester and Francis Rochester, express their opinion that the lands
mentioned in the said deed conveyed are equal or more than equal in
value to the lands conveyed by the said Ann Rochester and Francis
Rochester to Winbert Tschudy, and that the same is in their opinion
free and clear of all incumbrance whatsoever.

Title.

3. And be it enacted, That the land to be conveyed to the said Ann
Rochester and Francis Rochester by the said Winbert Tschudy, shall
vest in them the same title, and be held in the same manner, agreeable
to the last will and testament of Daniel Rochester, and shall descend
after the death of the said Francis Rochester to the same persons,
and for the same interest and estate, as the land to he conveyed by
the said Ann Rochester and Francis Rochester would have descend-
ed if this law had not been passed, in case no disposition thereof shall
be made by the said Francis Rochester during his life.

Passed Feb.
26, 1824.
Keeper of
Penitentiary.

CHAPTER 206.

A further supplement to the act entitled, an act concerning Crimes and Punish-
ments.
Sec. 1. Be it enacted by the General Assembly of Maryland, That
from and after the passage of this act it shall be the duty of the Gov-
ernor and Council, and they are hereby authorised and empowered to