| 1784.
CHAP.
LXXV.
Excess to be
paid for, &c. |
LAWS of MARYLAND.
quantity expressed in the warrant has been exceeded, Be
it enacted, That grants
may issue on any survey, where the quantity expressed in the warrant
has been
exceeded not above one fourth, and such excess shall be paid for to
the treasurer
of the western shore. |
|
CHAP. LXXVI.
A Supplement to the act concerning the stock of the bank of England
belonging to this state. |
| Preamble. |
WHEREAS in virtue of the said act Samuel Chase,
Esquire, was appointed
and commissioned, by the governor and the council, agent
and trustee to execute the authority and trust committed and given
by
the said law to the person so to be appointed: And whereas it
is represented to
this general assembly by the said agent, that in pursuance of such
appointment
he went over to England in the month of September, seventeen hundred
and
eighty-three, in order to obtain a transfer of the said bank stock,
and the dividends
that had accrued thereon, and for that purpose made many applications
to
Messieurs Grove and Russell, (who survived Hanbury, one of the trustees
of the
said bank stock,) but without any effect; that after five months delay
Mr. Grove
agreed to transfer the stock, but Mr. Russell peremptorily refused,
unless the
state, or the agent, would give him twelve thousand pounds, part of
the said
stock, as an equivalent for his property confiscated by a law of this
government
made in the year seventeen hundred and eighty-one, and during the late
war;
that Russell filed a bill in the court of chancery of Great-Britain
against Grove
and the agent, to prevent a transfer of the stock to the state, and
claimed, out
of the stock, a compensation for his property confiscated by this government
during the late war, on account of his conduct as trustee; that the
said agent
afterwards fled a bill, in his name, in the court of chancery of Great-Britain,
against Messieurs Grove and Russell, as trustees for this state of
the said bank
stock, to compel an execution of their trust, and to obtain a transfer
of the
stock to him, and against Messieurs Ewers and trustees of John Buchanan,
who
set up some claim to the said bank stock; that Russell and Grove, by
their answers
to his bill, admitted that they held the said bank stock in trust,
and it was
so far proceeded in the said clause, that the said trustees were ordered
to transfer
forty-four thousand pounds bank stock to the accountant-general of
the said
court of chancery, in trust in the said cause, and in consequence of
the said order
the said trustees did transfer the said bank stock accordingly; that
in the said
suit by the agent against the said trustees, on motion to transfer
to the agent the
surplus of the stock, not claimed by any of the defendants, the lord
chancellor
of Great-Britain rejected the motion, because some other party was
necessary to
his bill, and the agent, understanding that the attorney-general of
Great-Britain
was the party meant, (which could only be necessary from the supposition
that
the crown of Great-Britain had some interest in, or claim to, the said
bank
stock,) declined to proceed further in the said cause without the direction
of the
general assembly: And whereas it is also further represented
by the said agent,
that to the bill filed by Russell against him be put in a general demurrer,
(because
Russell, on his case stated in his bill, was not entitled to the relief
prayed
for, to wit, a decree for compensation out of the bank stock for his
property
confiscated by this state during the late war, for his conduct as trustee,)
which
was allowed on argument by the lord chancellor of Great-Britain:
And whereas
the general assembly have declared, that the said Samuel Chase, Esquire,
in conducting
and negotiating the affairs of this state lately intrusted to his care
as agent, had
manifested great zeal, fidelity, diligence and ability, and a vigilant
attention to
the honour and interest of this government, and that his said conduct
merited,
and therefore had, the approbation of this general assembly:
And whereas this
legislature are willing to submit the claims by Russell, Messieurs
Ewers, and the
trustees of Buchanan, to the determination of the lord chancellor of
Great-Britain, |
Bill in chancery
approved,
&c. |
II. Be it enacted,
by the general assembly of Maryland, That the bill and suit
instituted by Samuel Chase, Esquire, (in virtue of the trust and authority
reposed |
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