1792.

LAWS of M A R Y L A N D.

CHAP.
XXVII.
In certain
cafes a trial to
be had the
firft court, &c.

VIII. And be it enacted, That in cafe any fuit fhall be inftituted for the reco-
very of any fum or fums of money in virtue of this act, if the faid commif-
fioners, or the furvivors of them, fhall file a fhort note, expreffing the ground of
the action, at leaft twenty days before the fitting of the court, and caufe a copy
thereof to be ferved on the defendant, or left at his laft place of abode, the^par-
ties fhall proceed to trial at the court to which the writ fhall be returnable, and
no imparlance or appeal fhall be allowed.

Damages to
be firft paid,
&c.

IX. And be it enacted, That the ftreets aforefaid fhall not be extended or
opened through the property of any individual injured thereby, until the damages
by them fuftained, and affeffed as aforefaid, fhall be firft paid, or fecured to be
paid to their fatisfaction, together with legal intereft thereon from the time of
afcertaining the damages by them refpectively fuftained.

CHAP. XXVIII.

Paffed De-
cember 22.

An ACT for the benefit of Judith Wallace, and her children, of
Charles county.

Preamble.

WHEREAS it is reprefented to this general affembly, by Judith Wal-
lace, of Charles county, that her hufband, John Wallace, died in-
teftate in the year 1789, leaving five infant children, three fons and
two daughters; And whereas it is alfo reprefented, that the faid John Wallace, at
the time of his death, was feized and poffeffed, in fee-fimple, of a tract of land,
fituate in Cedar-Point neck, in Charles county aforefaid, containing eighty or
ninety acres, divifible amongft all his children, and that the faid land is rich and
level, but entirely deftitute of timber and firewood, and that the expence of pro-
curing and purchafing faid articles exhaufts the annual profits of the faid land ;
and the facts fet forth appearing to this general affembly to be true; And whereas
the faid Judith Wallace has prayed this general affembly, in her own behalf and
that of her children, and that an act may pafs, appointing, authorising and empow-
ering truftees to fell and convey the faid land, and apply the money arifing from
the fale thereof to the purchafing of other lands which may better anfwer the
purpofes and intereft of the faid Judith Wallace and her children; and this ge-
neral affembly deeming the prayer thereof reafonable,

Juftices to ap-
point a truf-
tee, &c.

II. Be it enacted, by the General Affembly of Maryland, That the juftices of
Charles county court are hereby empowered and required to appoint a truftee or
truftees, with full power and authority to fell and convey the faid tract of land,
in fee-fimple, and to purchafe, in fee-fimple, other lands to the amount of the
money arifing from the fale of the land herein before ordered to be fold and con-
veyed; which faid land, when purchafed, fhall be conveyed by the faid truftee
or truftees to the children of the faid John Wallace, deceafed, to wit: William,
James, Robin, Anne and Elifabeth: Provided, that the faid truftee or truftees,
before he or they proceed to act, fhall give bond to the ftate of Maryland, with
fuch fecurity as the faid court fhall approve of, conditioned for the true and faith-
ful performance of the truft repofed in them by this act; which faid bond, on a
breach of the faid condition, fhall be liable to be fued and proceeded on, for the
ufe and benefit of the faid Judith Wallace, and her faid children, or any of them,
in the fame manner that teftamentary bonds are proceeded on by the law of this
ftate.

Children to
be feized of
fame eftate,
&c.

III. And be it enacted, That the faid William, James, Robin, Anne, and
Elifabeth Wallace, fhall be feized and poffeffed of the fame eftate, intereft and
property, in and to the land fo purchafed and conveyed to them by the faid
truftee or truftees, as they are inverted with and have in the lands by this act
ordered to be fold and conveyed; and the faid Judith Wallace fhall have the fame
right of dower in the lands fo purchafed and conveyed by the faid truftee or
truftees that fhe is now entitled to in the land which defcended from her late
hufband to her faid children.