|
|
CHAP.
XXXVI.
|
no credit allowed by the arbitrators, or by fecuring the fame as directed by them,
in manner as fhall be awarded, it fhall and may be lawful for the general
court for the weftern more, or Anne-Arundel county court, and they are hereby
required, on motion of the faid William Whetcroft, his executors or adminiftra-
tors, and on proof that the faid Edward Dorfey has had thirty days notice of fuch
intended motion, to enter up judgment againft the faid Edward Dorfey for the
fum awarded and cofts, with privilege to take out execution, according to the
time or times of payment mentioned in the award, if any fum fhall be awarded
and any credit be allowed for the fame; and it fhall, in fuch cafe, be fufficient
for the faid William Whetcroft to produce the faid award, and file a copy thereof;
without any declaration; provided, that if the faid Edward Dorfey fhall allege,
during the term at which fuch motion fhall be made, that he hath paid any part
of the money awarded fince the making of the award, he fhall have an opportu-
nity, during fuch term, of trying fuch allegation by a jury, and if any pay-
ment fhall be found by the verdict, the fame fhall be difcounted and al-
lowed.
|
|
|
|
In cafe of
death, execu-
tors to be en-
titled, &c.
On compli-
ance, act re-
pealed, &c.
|
VIII. And be it enacted, That if the faid William Whetcroft fhould die be-
fore or after the making of the faid award, the executors or adminiftrators of the
faid William Whetcroft fhall be entitled to all the benefits and provifions of this
aft, in as full and ample manner as the faid William Whetcroft might or could
have the fame if living; and if the faid Edward Dorfey fhould die before or after
the making the faid award, his heirs, executors or adminiftrators, fhall be fubject
to all the provifions of this aft, and alfo be entitled to all the benefits thereof, in
the fame manner as the faid Edward Dorfey, if living, would be fubject or enti-
tled to, except only that the executors or adminiftrators of the faid Dorfey, in
being fubject to the fummary proceeding herein before given to the faid Whet-
croft, his executors or adminiftrators, fhall only be anfwerable fo far as they may
have affets liable to Whetcroft's claim, and fhall have time allowed to plead, and
have the benefit of any plea neceffary to protect them againft a further refponfi-
bility.
IX. And be it enacted, that upon compliance of the faid Edward Dorfey, his
heirs, executors or adminiftrators, with the terms of the award to be made in
virtue of this aft, the act of affembly aforefaid, entitled, An act for the relief of
William Whetcroft, of the city of Annapolis, fhall be and it is hereby repealed,
and the leafe executed in purfuance thereof, and all right and title derived un-
der the fame, and all covenants therein contained, fhall be and they are hereby va-
cated, annulled, and for ever made void, and fhall be fo confidered and taken in
all courts of law and equity in this ftate: Provided always, that unlefs the faid
award fhall be made before the firft day of November next, all and every power
and authority given to the arbitrators to be nominated and appointed in virtue of
this aft, and this act, and all and every of its provifions, fhall ceafe and deter-
mine, and if, before that time, the faid award fhall be made, but not complied
with before the end of three months from its date, by the faid Edward Dorfey,
or his heirs or reprefentatives, by delivering the money or bonds, if any fhall be
awarded, to the faid Whetcroft, or his affigns, or lodging the fame with the trea-
furer of the weftern fhore for the ufe of the faid William Whetcroft, he the faid
William Whetcroft fhall be at liberty, either to compel compliance with the faid
award, in the fummary manner herein before directed, or otherwife, or to refort
to his claim under the leafe aforefaid; and if the faid William Whetcroft fhall
elect to compel compliance with the faid award, and fhall accordingly obtain the
fame, then the act, entitled, An act for the relief of William Whetcroft, of the
city of Annapolis, fhall be and it is hereby repealed, and the leafe and covenants
aforefaid, and all right and title derived under the fame, fhall be vacated and an-
nulled as aforefaid; but if the faid Whetcroft, in confequence of his the faid
Dorfey's refilling to comply with fuch award to be made as aforefaid, fhall elect
to purfue his claim under the faid leafe, and fhall accordingly purfue the fame,
then this aft, and every part thereof, and every provifion therein contained, fhall
ceafe and determine.
|
|
