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Bacon's Laws of Maryland
Volume 75, Page 305   View pdf image (33K)
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&c) sue
and recover,
giving Security
to refund,

and execution
on Testamentary,
&c.  Bonds
shall not be
delayed by
unless a final
Decree be

But the Party
may proceed
in Chancery.

Residue of any Testator's or Intestate's Estate, after the Expiration of Twelve
Months from the Date of the Letters Testamentary, or Letters of Administration
of such Deceased's Estate, to demand and sue for such their Legacies
or Residuary Part of such Deceased's Estate as shall then appear to be
their Due by such Accounts as shall then be made up by that Time, that then
such Legacies or Residue shall be paid or recovered out of the full Estate, in
the same Manner as if there were no Disbursements for Debts or Charges to
be made thereout, such Residuary Legatees, or others; that Right have as aforesaid,
giving Security to refund to such Executor or Administrator, according
to the Directions of the * Statute of the Twenty-second and Twenty-third
of Charles the Second, Chap. 10.  And that in case any Suit shall be
brought on any Testamentary or Administration Bond, by any Orphan or other
Legatee, for Default of Compliance with the Act for the better Administration
of Justice in Probate of Wills, &c. or this present Act, it shall and
may be lawful for such Suitors, and their Agents, Sollicitors or Attorneys,
and the several Courts of Law before whom such Suits shall happen to be
brought, are hereby required to proceed to Judgment and Execution on such
Bonds, without taking Notice of any injunction, or other Chancery Proceeding,
to stop, hinder, or delay the same, unless he shall obtain a final Decree,
on full Hearing, or running out the Process for the Awarding of such
a Writ.
    b Which directs §. 8. That no Distribution shall be made of the Goods of any Person dying
Intestate, 'til one Year be fully expired, after the Intestate's Death; and that such, and every
one, to whom any Distribution and Share shall be allotted, shall give Bond with sufficient Sureties,
in the Prerogative Court, &c. that if any Debt or Debts, truly owing by the Intestate, shall
be afterwards sued and recovered, or otherwise duly made to appear, that then, and in every
such Case, he or she shall respectively refund and pay back to the Administrator, his or her rateable
part of that Debt or Debts, and of the Costs of Suit and Charges of the Administrator by
reason of such Debt, out of the Part and Share so a aforesaid allotted to him or her, thereby to
enable the said Administrator to pay and satisfy the said Debt or Debts, so discovered after the
Distribution so made as aforesaid.

    III.  Provided nevertheless, That in case any Party to such Suit shall conceive
himself properly relievable in Equity on such Case, it shall and may be
lawful for such Person to proceed in Chancery.
                                    Examined and Compared with the Original Act, REVERDY GHISELIN,
                                                                                                                           THOMAS BACON.

Passed 10th
May 1718.
An ACt impowering a Committee to lay, assess and apportion the Public Levy, for
    this present year One Thousand Seven Hundred and Eighteen.  Lib. LL
    N° 4. fol. 388.
Ditto. An Act for the Relief of several poor Prisoners therein mentioned.  Lib. LL.
    N° 4. fol. 390.  PR.
Ditto. An Act declaring the Rights of Three Lots, originally laid out in Annapolis, for
    the Uses therein mentioned.  Lib. LL. N° 4. fol. 390.
    N.B.  Three Lots were originally laid out, one for the Benefit and Advantage of the Rector,
one other for the Clerk of the Parish and Sexton, and the Third for the Clerk of the Vestry,
and Mr. Commissary's Clerk.  A House was soon built upon one of them, for the Use of
the Vestry:  Which House and Lot (on the Petition and Application of the Revd Mr. James
Wootton, then Rector of the Parish) was annexed tot he Parson's Lot, for the Reception and Accommodation
of a Minister for ever, as appears by an Ordinance in the Journal of the Lower 
House of Assembly, April 9th 1706.  Ever since which Time, the said Lots so annexed by the
said Ordinance, and the others aforementioned, have been peaceably possessed, without Molestation,
and deemed to belong to the Rector of the Parish, except that Part of the Minister's Lot
whereon the Prison is now (viz. 1718) built; until John Gresham, Esq; had made an Entry on
two of the said Lots, viz. that laid out for the Clerk of the Vestry, and Commissary's Clerk,
and that other laid out for the Clerk of the Parish and Sexton, with the Clerk of the Mayor's
Court.  it is therefore Enacted, That the said Three several Lots be and remain for ever to the
several uses as originally designed in laying out the said Lots, and the Ordinance made the 9th
April 1706 as aforesaid:  Any Pretence of their not being Built upon, or any Entry thereof by
the said Gresham, or others, to the contrary notwithstanding.  Except the Ground whereon the
Prison stands, which is reserved to the Public.
    A Supplementary Act made 1723, ch. 14.

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