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Session Laws, 1794
Volume 646, Page 25   View pdf image
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JOHN H. STONE, Efquire, Governor.

V. And be it further enacted, That if any perfon be fued or impleaded for
performing or doing any thing by this act required, the defendant may plead the
general iffue, and give this act and the fpecial matter in evidence.



Perfons fued
may plead,

An ACT for the benefit of Thomas Clark.
WHEREAS a bill paffed both branches of the legiflature at November
feffion, feventeen hundred and ninety-three, entitled, An act for the
benefit of Mariamne Craik Clark and Mary Clark, which faid act
was in the following words, to wit: " An act for the benefit of Mariamne Craik
Clark and Mary Clark. Whereas Eleanor Clark, widow of doctor David Clark,
late of Prince-George's county, and Thomas Clark, brother of faid doctor
Clark, by their petition to this general affembly have reprefented, that the faid
doctor Clark has left two fmall female children, Mariamne Craik Clark and Ma-
ry Clark, and by his laft will and teftament appointed the faid Thomas Clark his
executor, and guardian to his faid children; that the faid doctor Clark was feized,
at the time of his death, of only a fmall quantity of land, very inefficient to
employ to advantage the number of negroes of whom he died poffeffed; and have
prayed that the faid Thomas Clark may be empowered to fell the faid negroes;
and it appearing to this general affembly that it would be greatly conducive to
the intercft of faid infants to fell the faid negroes, or fuch part thereof as to
the faid truftee herein after appointed may feem expectient, Be it enacted, by the
general affembly of Maryland, That Thomas Clark be and he is hereby autho-
rifed and empowered to fell the perfonal property of the faid Mariamne Craik
Clark and Mary Clark, the minors, or fuch part thereof as it fhall appear to him
moft advantageous to the faid minors to fell, on two years credit, firft giving
notice in the Maryland Gazette and George-town, paper, the purchafers giving
bond, with good fecurity, to be approved by the orphans court of Prince-George's
county, for the benefit of the faid minors, and the money arifing from the fame
to be appropriated to the ufe and benefit of the faid minors; provided always,
that the faid truftee herein nominated fhall, before he makes fale of the perfonal
property aforefaid, enter into bond, payable to the faid minors, in fuch penalty,
and with fuch fecurity, as the juftices of the orphans court of Prince-George's
county fhall direct, well and faithfully to account annually, before the orphans
court aforefaid, for the net proceeds of the faid fales, and in all other rcfpects to
conform himfelf to the directions contained in an act of affembly paffed at No-
vember feffion, one thoufand feven hundred and eighty-five, entitled, An act to
alter and amend the law in certain cafes, and at the arrival at age of the faid
minors refpectively, well and truly to pay the balance that fhall appear to be due,
to fuch minor; and the faid bond, when taken, fhall be recorded among the re-
cords of the orphans court of faid county, and the original kept fafely among the
original papers of faid court:" And whereas the faid bill was, after its paffage,
loft or miflaid, fo that it could not obtain the fignature of the governor, or the
feal of the ftate, at the clofe of the faid feffion; but the faid Thomas Clark,
having obtained a copy of faid bill after its paffage, and having complied with all
the previous requifites directed thereby, had proceeded to carry into effect the
powers therein conferred, by felling fuch part of the perfonal eftate aforefaid as if
appeared moft expectient to fell, before he could be informed of the accident
which had befallen the faid bill: And whereas the faid Thomas Clark is advifed,
fince the paffage of the bill above recited, that Eleanor Clark above mentioned,
the widow of the faid doctor Clark, is devifee under his will, during her widow-
hood, of all the eftate, real and perfonal, of the faid doctor Clark; therefore,

Paffed De-
cember 26.


II. Be it enacted, by the General Affembly of Maryland, That all things right-
fully done by the faid Thomas Clark, purfuant to the directions of the faid bill
above recited, fhall be and they are hereby confirmed; provided always, that no-
thing in the faid recited act, or this act, contained, fhall be conftrued to affect
the right of the faid Eleanor Clark, devifee as aforefaid, to claim and receive
from the faid Thomas Clark the whole amount of intereft which fhall annually
become due on the bonds taken, or money received, for the fales of the property

Things done,


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Session Laws, 1794
Volume 646, Page 25   View pdf image
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