1806.

NOVEMBER. LAWS OF MARYLAND.

CHAP.
VII.

siness of said sheriff, also praying a law may pass, empowering the said securities to complete the
collections and close the business of the aforesaid sheriff; therefore,

J. Evans, &c.
may collect,
&c.

II. BE IT ENACTED, by the General Assembly of Maryland, That John Evans, James Cockran and
Joseph Phillips, securities of: Samuel Cowden, late sheriff of Caecil county, or a majority of the
or the survivors of them, be and they are hereby authorised and empowered to collect, on or before
the twenty-fifth December, one thousand eight hundred and seven, all sums of money and balance
owing to the said Samuel Cowden, late sheriff of the said county, for the years one thousand eight
hundred and six, in manner following, viz. That the aforesaid securities, or such person or persons
as may be deputed by them, or a majority of them, or the survivors of them, for the collecting
aforesaid, shall, at least thirty days before execution or distress of property for the arrearages
aforesaid, deliver to the person charged, or leave at his or her last place of abode, an account
stating the fees due to the state, and the officers, respectively; and the said securities, or a majo-
rity of them, or their agent, shall, if they be thereunto required, make oath, before a justice
the peace, that the said account was taken fairly and truly from the books of the said sheriff, and
that it does not appear from the said books, papers, or any memorandums left by the said sheriff
that any part or parcel of the charges contained in such account hath been paid, or otherwise se-
cured or satisfied; and if the person or persons owing such officers fees shall neglect or refuse to pay
the same, it shall and may be lawful for the said securities, or a majority of them, or the survivors
or their agent, to collect the same by execution, or distress of property, of the person or persons
so refusing or neglecting, to sell and dispose thereof at public sale, giving ten days notice, exclusive
of the day of notice and day of sale, by public advertisement, at the most public places in the
neighbourhood, and at the court-house door of the county, of the day and hour of the sale.

Books, &c to
be delivered,

&c.

III. AND BE IT ENACTED, That the collection books, papers and memorandums, of the said she-
riff, and his deputies, shall be delivered to the said securities, or a majority of them, or their agent
on demand, and shall be deposited in the clerk's office of Caecil county, to be fully inspected and ex-
amined, (without costs or charges, ) by any person or persons who shall apply for that purpose, and
the person or persons in whose hands the books, papers and memorandums aforesaid, may now
shall, before he, she or they, deliver them to the said securities, make oath, before a justice of the
peace, that he, she or they, hath not, directly or indirectly, received any part or parcel of the mo-
ney or tobacco which was due and payable to the said Samuel Cowden, as sheriff of the county
aforesaid, nor any security or satisfaction for the same, more than is creditted in the said books.

Commission
allowed.

IV. AND BE IT ENACTED, That the said securities, and the survivors of them, shall have the
same commission on the collection aforesaid as the said sheriff would have been entitled to. and the
all arrearages collected in virtue of this act shall be fairly applied to the discharge of the sums due
by the securities for the year aforesaid in which said arrearages ought by law to have been collected

Not to take a-
way remedies,

&c.

V. AND BE IT ENACTED, That nothing in this act contained shall be construed to take away or
deprive the respective debtors for sheriff's fees, public dues and officers fees, of the remedies which
they had against the original sheriff, in cases where nothing is alleged to be due on the distress
execution which are illegally conducted, but the same shall exist in full force and virtue against the
said securities, and each of them.

Securities to
give bond, &c.

VI. AND BE IT ENACTED, That the aforesaid securities, or any or either of them, or the sur-
vivor or survivors of them, previous to their proceeding to complete the collection of the money
due to the aforesaid Samuel Cowden, deceased, as late sheriff of the said county, shall enter into
such penal bond to the state of Maryland, with such sufficient securities as shall be approved of by
any two of the justices of the levy court, for the completion of said collections, and the application0
of the same as above specified; and the said bond, when executed, shall be lodged with the clerk
of the county, to be by him recorded, and upon the said bond, or office copy thereof, suit or suits
may be instituted for any breach or non-compliance with the condition of the same.

CHAP. VIII.

Passed 31st of
Dec. 1806.

An ACT for the relief of John Figg, of Montgomery county.

Preamble.

WHEREAS John Figg, of Montgomery county, emigrated to, and settled in, this state, and
since his emigration and settlement as aforesaid has acquired real property therein, and his
title to such property may be called In question, to his great injury, from his not having become
naturalized agreeable to the laws of the United States, before the purchase of such real property
therefore.