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WILLIAM SMALLWOOD, Esq; Governor.
VI. And be it
enacted, That the attorney-general shall not charge, or be
entitled to any greater fee than fifteen shillings current money for any
execution
or executions issued and returned served, made or satisfied, on any one
bond. |
1786.
CHAP.
XLIV. |
VII. And be
it enacted, That where any lands have been sold by the commissioners
for confiscated property , or by the late intendant, which lands, or
any improvements thereon erected at the time of purchase, are or may hereafter
be legally taken away from the purchasers, or any part thereof, so as to
render
the same of much less value, and by which the purchaser will receive great
injury,
and render the remainder thereof of little value, the chancellor, after
hearing
the case, and upon a view of all circumstances, may and shall make such
decree therein as equity and justice may require. |
Where lands
are taken away,
the
chancellor
may decree. |
CHAP. XLV.
An ACT to direct descents. |
Passed January
20. |
WHEREAS the law of descents, which originated with
the feudal
system and military tenures, is contrary to justice, and ought to be
abolished; |
Preamble. |
II. Be it enacted,
by the general assembly of Maryland, That if after the commencement
of this act, any person seized of an estate in any lands, tenements
or hereditaments, lying or being in this state, in fee-simple or fee-simple
conditional,
heretofore or hereafter acquired, or of an estate in fee-tail, to the heirs
of
the body generally, created and acquired after the commencement of this
act,
shall die intestate thereof, such lands, tenements or hereditaments, shall
descend
to the kindred, male and female, of such person, in the following order,
to wit:
First to the child or children and their descendants, if any, equally,
and if no
child or descendant, and the estate descended to the intestate on the part
of the
father, then to the father, and if no father living, then to the brothers
or sisters
of the intestate of the blood of the father, and their descendants equally,
and if no brother or sister as aforesaid, or descendant from such brother
or sister,
then to the grand-father on the part of the father, and if no such grand-father
living, then to the descendants of such grand-father and their descendants
in
equal degree equally, and if no descendant of such grand-father, then to
the
father of such grand-father, and if none such living, then to the descendants
of
the father of such grand-father in equal degree, and so on, passing to
the next
lineal male paternal ancestor, and if none such, to his descendants
in equal degree
without end, and if no paternal ancestor, or descendant from such
ancestor, then to the mother of the intestate, and if no mother living,
to her
descendants in equal degree equally, and if no mother living, and descendants
from such mother, then to the maternal ancestors and their descendants
in the
same manner as is above directed to the paternal ancestors and their descendants,
and of the estate descended to the intestate on the part of the mother,
and
the intestate shall die without any child or descendant as aforesaid, then
the estate
shall go to the mother, and if no mother living, then to the brothers and
sisters
of the intestate of the blood of the mother and their descendants in equal
degree
equally, and if no such brother or sister, or descendant of such brother
or sister,
then to the grand-father on the part of the mother, and if no such grand-father
living, then to his descendants in equal degree equally, and if no such
descendant
of such grand-father, then to the father of such grand-father, and if none
such living, then to his descendants in equal degree, and so on, passing
to the
next male maternal ancestor, and if none such living, to his descendants
in equal
degree, and if no such maternal ancestor, or descendant from any maternal
ancestor,
then to the father of the intestate, and if no father living, or descendant
from
the father, then to the paternal ancestors and their descendants in
the same manner
as id above directed as to the maternal ancestors; and if the estate is
or shall
be vested in the intestate by purchase, and not derived from or through
either of
his ancestors, and there be no child or descendant of such intestate, then
the
estate shall descend to the brothers and sisters of such intestate of the
whole |
How lands
shall descend,
&c. |
K
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