| 1791.
CHAP.
LXXIX.
In certain
cases the chancellor
may decree
a specific
performance,
&c. |
LAWS of MARYLAND.
made to the chancellor by the parties entitled to a conveyance; but
there is no legal
provision for such a decree, as the circumstances of the case may require,
upon
application made by the representatives or persons interested in the estate
of the
person who makes a contract for the sale of his lands, Be
it enacted, That if
any person seized of any land, tenement or hereditament, hath made or shall
make a contract for the sale and conveyance hereof, and hath died or
shall die
without performing his part of the agreement, having devised or left the
said
land, tenement or hereditament, to descend to a person under twenty-one
years
of age, or to an idiot, lunatic, or person non compos mentis, in
any such case the
chancellor, on application by bill or petition of any representative of
the deceased,
interested immediately in having such agreement specifically performed,
and on
hearing all parties concerned, shall have full power to decree a specific
performance,
and to direct a conveyance by trustee or guardian, or to decree otherwise,
as justice and the established principles of chancery shall require; provided
nevertheless,
that in the case of an infant no decree shall be made for a specific performance
in virtue of this act, unless it shall appear that the guardian or guardians
of the infant have consented thereto, or unless the chancellor shall be
satisfied
that such infant or infants will not be in any manner injured thereby. |
Passed December
30. |
CHAP. LXXX.
An ACT to prohibit members of congress, or persons in office
under the United States, from being eligible as members
of the
legislature or council, or holding offices in this state. |
No member
of congress,
&c. shall have
a seat in the
general assembly,
&c. |
BE it enacted,
by the General Assembly of Maryland, That no member of
congress, or person holding an office of trust or profit under the United
States, shall be capable of having a seat in the general assembly, or being
an elector of the senate, or holding any office of trust or profit under
this state;
and if any member of the general assembly, elector of the senate, or person
holding
an office of trust or profit under this state, shall take his seat in congress,
or
accept of an office of trust or profit under the United States, or being
elected to
congress, or appointed to an office of trust or profit under the United
States, not
make his resignation of his seat in congress, or of his office, as the
case may be,
within thirty days after notice of his election or appointment to office
as aforesaid,
his seat in the legislature of this state, or as elector of the senate,
or of his
office held under this state as aforesaid, shall be void: Provided,
that no person
who is now, or may be at the time when this act becomes part of the constitution,
a member both of congress and of the legislature of this state, or who
now
holds, or may hold at the time when this act becomes part of the constitution,
an office as aforesaid, both under this state and the United States, shall
be affected
by this act, if, within fifteen days after the same shall become part of
the
constitution, he shall resign his seat in congress, or his office held
under the
United States. And if this act shall be confirmed by the general
assembly after
the next election of delegates, in the first section after such new election,
according
to the constitution and form of government, that in such case this alteration
and amendment of the constitution and form of government shall constitute
and
be valid as part thereof, and every thing therein contained repugnant to
or inconsistent
with this alteration and amendment shall be repealed and abolished. |
Passed December
29. |
CHAP. LXXX.
An ACT for erecting a bridge
over Patowmack river. |
| Preamble. |
WHEREAS it is represented to this general assembly,
by Samuel
Blodget, Robert Peter, William Deakins, junior, James M. Lingan
and Uriah Forrest, that they, together with others, are desirous of
forming a company for the purpose of erecting a bridge over the river Patowmack
at or near George-town: And whereas this general assembly approve
the
measure, which, if effected, will tend to facilitate the communication,
and contribute
to the convenience, of the citizens of the United States. |
Books to be
opened, &c. |
II. Be it enacted,
by the General Assembly of Maryland, That it shall and may
be lawful for the said Samuel Blodget, Robert Peter, William Deakins,
junior, |
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