JOHN HENRY, Efquire, Governor.

1797.

C H A P. XXXVII.
An ACT to allow further time for collecting the balances due
Thomas O'Bryon, late fheriff and collector of Queen-Anne's
county, deceafed.

Paffed Janua-
ry 20.

WHEREAS by an act of affembly, paffed at November feffion, feven-
teen hundred and ninety-fix, Matthew Hawkins, James O'Bryon,
David Lindfey, William Clayton, Edward Wright, John King
Dowries, Henry Pratt, Robert Waters and William Diamond, fecurities of
Thomas O'Bryon, a former fheriff of Queen-Anne's county, were authorifed to
collect, on or before the firft day of January, feventeen hundred and ninety-
eight, all balances due to the faid Thomas O'Bryon as fheriff and collector of
the faid county: And whereas it is reprefented to this general affembly, that
owing to the late arrival of the laws, and fome differences with the administrator
as to the right of the faid fecurities to collect the fees due to the fheriff in his
own right for fervices by him performed, they were unable to collect the afore-
faid balances; and the faid administrator, by his petition to this legiflature,
having fignified his confent that the right of collecting the fees fo due to the faid
fheriff for fervices by him performed fhould be given to the fecurities, with a
power to apply the fame in juft and fair proportions to the difcharge of debts due
from him in his private and public capacities; therefore,

Preamble.

II. Be it enacted, by the General Affembly of Maryland, That Matthew Haw-
kins, James O'Bryon, executor of James, David Lindfey, William Clayton,
Edward Wright, John K. Downes, Henry Pratt, Robert Waters and William
Diamond, fecurities of Thomas O'Bryon aforefaid, or a majority of them, or
the furvivors of them, be and they are hereby authorifed and empowered to col-
lect, on or before the firft day of January, feventeen hundred and ninety-nine,
all balances owing as aforefaid to the faid deceafed fheriff and collector for the
years feventeen hundred and ninety-two, feventeen hundred and ninety-three,
and feventeen hundred and ninety-four, in, manner following, to wit: That the
aforefaid fecurities, or fuch perfon or perfons as fhall be deputed by them, or a
majority of them, or the furvivors of them, in the collection aforefaid, fhall, at
leaft thirty days before execution or diftrefs of property for the arrearages afore-
faid, deliver to the perfon charged, or leave at his or her laft place of abode, an
account, ftating the taxes and the amount of fees due to the ftate and the officers
respectively, or fuch part thereof as may be claimed as due, and the faid fecuri-
ties, or a majority of them, or their agent, fhall, if they be thereto required by
the perfon fo charged, make oath, before a juftice of the peace, that the faid
account was taken fairly and truly from the books or papers of the faid Thomas
O'Bryon, and that it doth not appear from the faid books or papers, or by any
memorandum of the faid Thomas O'Bryon, that any part or parcel of the charges
contained in fuch account hath been paid, or otherwife fecured or fatisfied; and
if the perfon or perfons owing fuch taxes and officers fees fhall neglect or refufe
to pay the fame, it fhall and may be lawful for the faid fecurities, or a majority
of them, or the furvivors of them, to collect the fame by execution or diftrefs of
property of the perfon or perfons fo refufing or neglecting, and to fell and dif-
pofe thereof, at public auction, at the expiration of ten days, exclufive of the
day of feizure and day of fale, on giving ten days notice, by advertisement at the
moil "public places of the neighbourhood, and at the court-houfe door of the
county, of the day and hour of fale.

Securities to

collect, &c.

III. And be it enacted, That all the books, memorandums and entries, of
the faid fheriff and his deputies, in which his accounts as fheriff and collector
are ftated and kept, fhall be delivered by James O'Bryon, junior, his adminiftra-
tor, to the faid fecurities, or a majority of them, on demand, and fhall be depo-
fited in the hands of John Caradine, or fuch perfon as the fecurities may direct,
in Centreville, to be freely infpected and examined, without coft or charges, by
any perfon or perfons who fhall apply for that purpofe, in order to afcertain any
payments that may have been made upon his, her or their account; and the faid
James O'Bryon, junior, before he fhall deliver the faid books, memorandums

Books, &c. to
be delivered,
&c.