0^ ^*':^- ^o '^^4'" ^ ^"X v<* _. ^ F **''»,^ :v^^^.^ 'bv^ vP-^G Ho^ COLONIZATION SOCTT'Ty An act to Incorporate thp Maryh?} / 5".".//^ Cnh-^mza Hon Society. Section I. Be it enacted by the G'Oeral *o.^9eyibtij of Maryland^ That George Hoftman, Thomuo EIHcot^ Nichola-i Brice, Alexander Nesbit, Thomas E. Bojul, INathanie'l Wil- liams, John Hoffman, James Howard, Moses Sheppard. Pf;ter Hoffman, William McDonald, Luke Tievnan, Sumuel ".iker. Peter Neff, Solomon Etting, John J. Harrod, John Gibson, Charles Harper, and John H. B. Latrobei, and Charles How- ard, together with such other persons as may, at this time be members of the association called the J^Ti-^^l-nd State Colonization Society, and who may hereafter ' le metn- bers thereof, according to the mode that m;, • escribed in the by-laws of said society, and their sr they are hereby created and declared t^ and body politic, by the name, style, an^. .. ryland State Colonization Society," and by that nainu ^... have perpetual succession, and shall be liable to sue and be sued in any court of law or equity in this State, and may have and use a common seal, and the same may alter and re- new at pleasure, and shall have power tn t---. J,ai?c, ]i "^'e and enjoy, to them and their successors. .; lee or otherwise, any 1 lands, tenements, and hereditaments, by gift, grant, bargain and sale, devise, or other act of any person or persons, body politic, or corporate, whatsoever; to take and receive any sum or Slims of money, goods, or chattels, that shall be given, sold, and bequeathed, to them, in any manner what- soever; and to occupy, use, and enjoy, or sell, transfer, or herwise dispose of all such lands, tenements, and hered- iments, money, goods, or chattels, in any such manner as liey shall determine to be best adapted, and most condu- cive to the object of colonizing, with their own consent, in Africa, the free people of color of Maryland, and such slaves . ' may be manumitted for the purpose, and which is hereby declared to be the sole and exclusive object of the said snriptv; and as soon after the passage of this act as may be convenient, to cilect sacn oliicers as they, or a majority of I'.iem present at a meeting held for the purpose, may deem •oper, ?• ' .'"^ »naii« mm orOain such by-laws as may be ne- .jr tor tnc organization of the said society; for prescrib- ing the timer of meeting, the qualifications"' and terms of membership, mid all such other matters as may be necessary w secure to the said society an efficient and continuing ex- istence, for the p'.i-! oses of their incorporation, and for no ^^^^^^i end for reguh-ting and managing the concerns of the ?-:?'«. jod^- .orporaie: Provided however, That the constitution ' '- . State, and the United States, be not violated B Y - L A \7 S Of the Maryland State Colonization Society. 1. The payinont annually of one dollar, shall constitute ciii ind'v'ijual a member of this society; and a payment, at ^y onetime, of thirty dollars, or upwards, shall constitute '■- individual a member for life. 2. Ail persons who were life members of the Maryland State Colonization Society, before tlie incorporation of this society, sjiall be, and they are hereby declared to be, mem- bers for life of this society. S. The officers of this society shall consist of a President, S1.X Vice Presidents, twelve Managers, a Corresponding Secre- I tary, a Recording Secretary, and a Treasurer, to be ^Aq'-a^.o} I forthwith, and to serve until the annual meeting of the society next ensuing. ; 4. The olficers shall be elected at every annual meetirig; but if an election shall not be held at such time, the officers last chosen shall continue to hold their respective offices until an election shall be made at a meeting of the society, to be called for the purpose. 5. The President, Vice Presidents, Secret uies, and T"^3-/ surer, shall be ex officio members of the board of inana[^ers. (3. The Board of Managers shall meet to transact the busi- ness of ihc society, when seven shall constitule a quoruii.. — They shall have all the powers of the society, to enable t! em to carry into full etfect the provisions and intentions of the act of incorporation, and of any other acts of Assembly re- lating to colonization, or the people of color of Marylind, and in which the agency of this society now is. or may here- after be, required or requested — and all the powfcic of this society, for such purposes, are hereby vested in the sdid Board of Managers, in as full a manner as they could be ex- ercised by this society under the said act of incorporation. The Board of Managers shall have power to fill all vacancies that may occur in their number, or in any of the offices of this society: and to make such by-laws as the), from tim^ to time, may find expedient or necessary to the exerclou uf th > powers and authority vested in them. It i? especially Ch joined upon, and required of, the said Board of Managers, to form, or cause to be formed, auxiliary societies, wherever practicable throughout the state, upon such n rms and condi- tions as the said Board may prescribe. The <<)id Board shall meet on the first Monday in every month, and w.henever call- ed together by the President, or in his absencr, by one of the Vice Presidents. 7. The Corresponding Secretary shall conduct. the corres- pondence of the society and the Board of Mana<^tvs. , 8. The Recording Secretary shall keep the records of ^-'' o Society, the names, residences, and amount of Subscription of members, and shall act as the Secretary of the Board of Managers, and perform such other duties as may be required of him. 9. The Treasurer shall keep the accounts, and take charge, subject to the order and regulations of the Board of Mana- gei«, of the funds of this society: and shall give bond "that he will truly and faithfully account for all monies of the so- ciety that may come to his hands," in such penally as the Board of Managers may, from time to time, fix. 10. The annual meetings of this society shall be held on Lhe Wednesday immediately preceding the last ^[onday in December, in the city of Baltimore, when the members pre- sent shall be a quorum. 11. Nu by-law of this society shall be altered or expunged unless? by consent of two-thirds of the members of the society nresent at a meeting called for the purpose. BY-LAWS Of the Board of Managers of the Maryland State Colonization Society. 1. At all meetings of the Board of Managers, the Presi- wi'ent of the society shall preside: in his absence the Vice President present, whose name is highest on the list of Vice Presidents: in their absence any member may be called to the chair. ^ Tho order of business at all meetings of the Board shall be as follows: 1. The proceedings of the last meeting shall be read. 2. Reports from the Executive Committee and Treasurer, and reports tVom any separate committee. 3. Any business that may be suggested by the presiding officer. 1. Any other business claiming the attention of the Board. ;-^. There shall be appointed an Executive Committee of .,iree, to act, in all cases requiring attention, in the recess of the Board, a majority of whom shall act: provided, that no emigration shall be determined on, vessel chartered, or gro' '-^cr sun than one hundred dollars authorized to be paid, \.' '^^^out the sanction of the Board. 1 T/iu I'reasurer shall deposit in one of the banks of the city of Baltimore, in the name of the Maryland State Colo- nization Society, all funds that may be collected for its use; and pay by his check, countersigned by the President or one of the Vice Presidents, all claims against the society that may be sanctioned by this Board, or the Executive Committee, in accordance with the provisions of the third by-law. i^*: shall present an account of all monies received and expend'-ci by him, at tlie regular meeting of the Board next before liie annual meeting in December, and, also, whenever called upon by the Board of Managers. AN ACT Relating to the People of Color in this State, Section 1. Be it enacted by the General Assembly of .Maryland, T'lat the governor and council shall, as soon as conveniently may be after Jie passage of this act, appoint a board of managers, consisting of three per- sons, who shall, at the time of their appointment, be members of the Mr,- ryland State Colonization Society, whose duty it shall he to remove f' in the state of Maryland, the people"of color now free, and such as shall l.>rc- aftcr become so, to the colony of Liberia, in Africa, or such other plac or places, out of the limits of this state, as they may approve of, and the per- son or persons so to be removed, shall consent to go to, accoiCinor to the provisions of this act, and to provide for their establishment and suppufw ..a far as necessary, and to discharge the other duties required of them by tins act- and before the said managers shall proceed to act, ihey shall severally cive bond to the state of Maryland, in the penalty of ten thousand doilars, conditioned for their faithful accounting for all monies that may come to their hands; which bond shall be approved by one of the judges of P.ilti- more county court, and sent to the treasurer of the western shore of t'ns Sec 2 Jlnd be it enacted, That it shall be the duty of the tre.>s-y-six dollars and sixly-six cents: on Baltimore county, the sum oi three thousand two hundred and tbrty-four dollars and sixty-six cents; on Anne Arundel county the sum of six hundred and tifty-four dollars, on Prince (.corge's county, the sum of five hundred and twelve dollars and sixty-six ceuisj on Calvert county, the sum of one hundred and sixty dollars and sixty-si.\ cents; on Saint Mary's county, the sum of two hundred and sixty-three dollars and thirty-three cents; on Charles county, the sum of four hundreJ and !'jrty-six dollars and sixty-six cents; on Montgomery county, tho sum of three luindred and forty dollars and sixty-six cents; on Frederick county, the sum ./.' nine hundred and forty-four dollars and sixty-six cents; oa Washington '.ounty, the sum of four hundred and ninety-one dollars and thirty-one cents: and on Alleghany county, the sum of one hundred and fifiy-ei<2,ht dollars which said amount or sum shall be collected in the same manner, an-l l>y the aar^ir collector or collectors as county charges are collected, the levy c< 'irlsor commn 'loners as the case may be, and the mayor and city council of Baltimore respt c'.n^.ly, taking bond with sulhcient security from each collector f. i ii.o ^all^lt'l• collec- tion and payment of the money in the treasury of the eastern or western shore as the case may be, at the time of paying other public nioncyf^ to, and for the use of the state. Sec. 9. Jind be it C7iactcd, That the sheriffs of ihe several counties of this state, shall be, and they are hereby retpiired to c;iuse the numbc. of the free people of color inhabiting their respective counties to bo taken, and cause to be made, a list of the names of the said free peoi Ic of co'or re- siding in their respective counties; the said enumeration shall distinguish the sexes of said free people of color, and the said list shall state the ages of such free people of color, for effecting which the sheriffs aforesaid, shall have power and are hereby required to appoint one or more assistants in their respective counties, ihe said list of names and the said enumeration shall be made by an actual inquiry by such sheriff or his assistants at every dwelling house, or by personal inquiry of the head of every family; the said listing and enumeration shall commence on the first day of June next, and be com- pleted within three months thereafter, and the said sheriffs shall make out two copies of said list and enumeration stating the names, sexes, and ages of the free people of color in their respective counties, and shall deliver one copy to the clerk cf the'r respective counties, whose duty it shall be to record the same in ix L.>ok by him to be kept for that purpose, and the other copy shall be by said sheriffs transmitted to the board of managers appointed under this act, and every sheriff failing to comply with the duties prescribed in this section, shall forfeit two hundred dollars, to be recoverable in the county court of their respective counties by action of debt or indictment. Sec. 10. ^nd be it enacted, That the compensation of every sheriff and assistant shall be at the rate of two dollars and twenty-five cents for every fifty persons by him returned, except w here such person resides in the city of Baltimore, when such sheriff or assistant shall receive at the rate of one dollar and twenty-fiive cents for three thousand, and at the rate of one dollar and twenty-five cents for every three hundred persons over three thousand residing in the city of Baltimore, which said compensation shall be levied on the assessable property within the respective counties, and be collected in the same manner and by the said collector, or collectors, as county charges aie collected, and be by them paid over to the person entitled to receive the same; Provided, that the levy courts or commissioners of the respective counties, and the mayor and city council of Baltimore as the case may be, may, if they deem the compensation hereby allowed inadequate, allow such further compensation as they may deem proper. Sec. 11. ^nd be it enacted, That the several sheriffs of the counties of this state, shall ^ from time to time, make report to the said board of mana- ger? of suuli, of said free people of color in their said counties as they shall find willing to remove from the state, stating therein the names, ages and circumstances of such persons, and the place or places beyond the limits of this state to which they are willing to remove, and whether they are, or are not able to defray the expenses of such removal; whether any such means are provided; and it shall be the duty of the said board of managers when- ever they shall ascertain by the said reports of the said sheriffs or otherwise, that such persons of color are willing to remove from the state, to make a register of their names and ages, and take such measures as they may think nece. sary for their removal as soon as practicable, either to the colony of Liberia, or to such other place or places beyond the limits of this stale whicli the said board may approve of, and to which they may be willing to go, a'ld it shall be the duty of said board, if there shall be offered to them more than they can send in any one year, from the different counties as aforwsaid, to apportion the same among the said counties, according to the jiuuii'-or respectively of their free people of color, as appears by the last census. Sec. 12. Jlnd be it enacted, That nothing in this act shall be taken or con-irued to extend to any slave or slaves who may be entitled to his, her, or theu freedom hereafter, by virtue of any deed of manumission executed and recurded according to law, prior to the passage of this act, or last will &nd tesiiiment duly admitted to probate before the passage of si;id act, unless he, ehc, or they shall consent thereto. CONSTJTUTION OF IMARYLAND IN LIBERIA At a meeting of the Board of Managers of tlie Maryland State Colonization Society, held on the 22d of Novend^er, 1833, Mr. Latrobe, from the committee on >lie subject of a Constitution and Form of Government and digest (f Laws for the territory that may be acquired by said society in Africa, to be called Maryland in Liberia, reported the followirg form of a Constitution, which, after being read and cons.dered, was. on motion by Dr. Baker, unanimously adopted: The Maryland State Colonization Society of Maryland, one of the United States of North America, to all persons to whom these presents shall come — greeting: Whereas, the Maryland State Colonization Society, de- sirous to hasten, as far as they can, the period when slavery shall cease to exist in Maryland, and believnig that this can best be done by advocating and assisting the cause t^f colo- nization, as the safest, truest, and most efficient auxiliary of freedom, under existing circumstances, have determined to establish a settlement, or settlements, of free colored people and emancipated slaves, under the auspices and control of the state society, at or near Cape Palmas, on the west coast of the continent of Africa, to be called Maryland in Liberia: And whereas, it is not less the desire of the society that thu evil of slavery should be removed from Maryland, than that the emigrants to Africa should find their happiness and pros- perity promoted by their change of home; and that, through their instrumentality, the blessings of civilization and the gospel should be extended to a benighted land: And whereas, acting with these views, it becomes the duty of the state so- ciety to aflbrd to the settlements which they may cause to be established, a system of equal laws, that shall secure to every emigrant, and his descendants, the unalienable rights of life, liberty, and the pursuit of liai)[)iness — Therefore, be it knovi'i, that the Maryland State Colonization Society do herr'\'; so- lemnly enact the following ^'Constitution," as the basi. and foundation of the government of any, and every settler lent, or colony, which may be established as aforesaid, under heir auspices'and control, in Africa, ratifying and conhrming tlie 10 same, according to its tenor, to all emigrants to such settle- u".enls, and their descendants, so long as the powers of government sh^ll continue to be exercised by the Maryland Siate Colonization Society. Art. I. The Maryland State Colonization Society shall hvve full power and right, from time to time, as they may th nk fit, to make and ordain rules, regulations, and ordi- na. ces, for the government of the territory acquired by them in AfricJi, called Maryland in Liberia, not repugnant to the provisions of this Constitution, until the state society shall witndraw their agents, and yield the government wholly into the hands of the people of the territory. Art. 2. Every emigrant of full age, before he or she shall be received in Maryland in Liberia, shall read or have reak«^n or applied to public use, unless just compensation be made therefor. 7. All courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice adminis- tered freely without any sale, fully without any denial, and speedily without any delay. 8. No power of suspending laws shall be exercised, ex- cept by the a'^thority which has enacted them, or its direc- tion. 9. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. All persons shall, before conviction, be bailable by sufficient securities, except for capital offences, when the proof is evident, or the pre- sumption great; and the privileges of the writ of "habeas corpus" shall not be suspended, unless when in cases of re- i>feliioii, ur invasion, the public safely may require it. 10. The person of a debtor, where there is not strong pre- sumption of fraud, shall not be detained in prison after de- livering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. 11. No ex post facto law, nor law impairing the obligation cf contracts, shall be made. 12. The members of the community have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of go- vernment, for redress of grievances, or other i)roper purposes, by petition, address, or remonstrance. 13. Every member of the community has a ri"ht to bear arms in defence of himself and the community. 14. The military shall, in all cases and at all times, be in strict subordination to the civil power. 15. No title of nobility, or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred: icr shall any office be created, the appointment to wlucii shall be for a longer term than during good behavior. 16. Emigration shall not be prohibited. 17. The right of trial by jury shall be forever inviolate. 18. No person shall be debarred from prose^^uting or ie- fending any civil cause, for or against him or herself, before any tribunal in the community, by him or herself, or counsel. 19. There shall be neither slavery nor invcviintary servi- tude in the settlements of the Mar 'and State Colo.jization Society in Africa, otherwise than for the punicliment ol: crimes, whereof the party shall have been duly co.-^victed; nor shall any male person, arrived at the age of twenty-one years, nor female person, arrived at the age of eighteen years, be held to serve any person as a servant, under pre- tence of indenture, or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a consideration in goo^ faith, received or to be received, for their services, except as befoft; c.vceptdd. 20. This enumeration of certain rights, belonging tor the / emigrants to the settlements which the Maryland State Colo- i nization Society may make in Africa, and their descendants, shall not be construed to deny or disparage the exercise, by the said society, of all others necessary or incident to govern- . ment. ^ 21. And lastly, it is hereby declared, that this aiiiclo «hoU be construed, reputed and adjudged in all cases most fa- vorably on the behalf and for the best benefit and behoof of the emigrants aforesaid, and their descendants. AuT. 8. No alteration shall be made in this constitution, except by the unanimous consent of all present at a meeting of the Board of Managers, called for the purpose of taking such amendment or alteration into consideration, or by a vofo of two-thirds of the members present at two successive '"Get- in rrs of the Board of Managers called as aforesaid, provided that the declaration of rights contained in the sevenili arnoje, shall in no wise be altered. ^ , • .• Done at the office of the Maryland State Colomzatioa Society, in the city of Baltimore, in the state of Maryland, this twenty-second day of November, in the year Ci our Lord, one thousand eight hundred and thirty-three. 2 14 In tesuriiony whereof, the president of the said society liath hereunto set his hand, and caused the seal of the said society to be affixed hereto, by order of the board of managers. Jno. H. B. Latrobe, Geo. Hoffman, [l. s.] Cor. Sec. of the Maryland President of the Maryland State Colonization Society. State Colonization Society. James Howard, Jno. Hoffman, Recording Secretary. Treasurer. MioriOLAS Brice, v. p. C. Carroll Harper. Nath'l Williams, V. P. Samuel Baker, M. D . Alexander Nesbit, V. P. John J. Harrod. Moses Sheppard. E. G. Edrington, M. D. Peter Hoffman. Will. Geo. Read. Solomon Etting. F. Anderson. Charles Howard. Managers. A copy of -he Constitution, carefully engrossed on parch- mcpt, having been presented by the committee, it was signed by the President, and the seal of the society attached to it. Ifs execution was witnessed by the officers and managers, wiio severally subscribed it, as above appears. On motion.) Resolved., That the engrossed copy of the Con- stitution be handed to Doctor Hall, to be by him deposited, should he succeed in purchasing territory and founding a cGitienient, among the archives of the sovernment. On motion., Resolved, That a copy of the Constitution be prepared in a substantial book, with the following declaration and agreement attached to it, — for the purpose of receiving the signatures of the Emigrants. "^Ve, the persons whose names are hereunto signed, do ''«=^*^poy solemnly promise and declare, that we will severally supf orL gnd obey the foregoing Constitution, and we do hereby also solprnnly promise and declare, that we will abstain from the ise of ardent spirit except in case of sickness." ^f.^. Latrobe from the committee on the constitution and foviA of government, reported an Ordinance for the govern- ment of Maryland in Liberia, which was unanimously adopt- ed, enacted and ordained by the board in the name of the society. 15 AN ORDINANCE For the temporary f^overnment of the territory of the Maryland State Colonization Society in Africa^ called Maryland in Liberia, Sec. 1. Be it enacted and ordained by (he M^iryUmd State Colonization Society, That the territory of Marylana in Liberia shall be divided into townships, each of which shall contain, as near as may be, a superfices equal to nine square miles; and, liereafter, a certain number of townships shall be made to constitute a county. Sec 2. Be it enacted and ordained, That the estates of proprietors in the said territory, dying intestu'te, shall de- scend to, and be distributed among their children, and the descendants of a deceased child, or grand-cLfio, +o take the share of their deceased parent, in equal parts, amoh^ '.ix<.iij; and where there shall be no children, or descendants, then in equal parts to the next kin, of equal degree*, and among collaterals, the children of a deceased brother, or sister, of the intestate, shall have, in equal parts, among them, their deceased parent's share; and there shall, in no case, be a dis- tinction between the whole and half blood: saving in all cases, to the widow of the intestate her third part of the TbvX estate for life; (that is to say, land and the improvements thereon, in which, at any time during marriage, tiie intestate had an absolute and unqualified ownership,) and one-third part of the personal estate, (that is to sny, all the property lield by the intestate at the time of his decease, other than \ real property,) after the payments of the debts of ihe intestate. Sec 3. Be it enacled^ind ordained. That estates in the said territory may be devised, or bequeathed, by will in writ- ing, or any written instrument, expressing ati jnientluu to devise or bequeath, and describing the property intended, so as to identify it, signed by him, or her, in whoa-, the estate may be, (being of full age) and attested by two witnesses, signing the same in the presence of each other, and in the pre- sence of the Testator. And real estates may be conveyed by any instrument describing, so as to identify it, the estate to be conveyed, and shewing the intention of the person 16 making the conveyance, to convey, signed and delivered by the person (being of full age) in whom the estate may be, and attested by two witnesses. Sec. 4. Be it enacted and ordained, That before such wills shall take effect, they shall be proved, by the testimony of one or both of the subscribing witnesses, to have been executed by the Testator, when he was of sound mind and under- standing, before the register (hereinafter mentioned) of the district of' the said territory, in which the testator resided, and deposited, with the register's certificate that it has been proved, endorsed thereon, for record among the records of his office. Sec. 5. Beit enacted and or dained^Thdiihe^oxe snch con- veyances shall take effect, according to their tenor, they shall be acknowledged before a justice of the peace, (hereinafter mentioned) of the said territory, and deposited for record with the rejjisUyt of the district of the territory, in which the land iip'-) which is intended to be conveyed: it being the duij yj^ the register, to note, on the back of said conveyance, the time of its being deposited for record. All deeds of real estate by way of pledge, shall be executed, acknowledged and deposited for record, as above, before they shall have any effect. Sec. 6. Be it enacted and ordained, That personal property y;}>:iU ^.a:co by delivery, except where the sale or conveyance thereof is by way of pledge, or where the person conveying the same retains possession thereof — in which case, the con- veyance thall be in writing, and acknowledged, and shall take effect when deposited for record, as in the case of real property. Src. 7. Be it enacted and ordained, That a wife shall be entitled to dower in all real estate, of which her husband may, at any time, be possessed, during their marriage, in case of her surviving him; and no deed, executed by him, shall have effect to deprive her of such dower, unless she signs iho same, and acknowledges, out of the presence of her hus- band, before the person taking liis acknowledgment, that she voluntarily executes it. Sales and conveyances of personal estate may be made, at any time, without the consent of the wife, by the husband alone. Sec. 8. Be it enacted and ordained. That in case any per- son, possessed * property, real or personal, in the said terri- 17 tory, shall die intestate (without having made a W''l) or without, in liis or her will, having appointed an adn-»-i»slraiui, until further enactment and ordinance upon th- subject an administrator and two appraisers shall be appointed, in writ- ing, by the agent, which administrator shall give bon ' vith security to be approved by the agent, for the faithful u ^ ' cir^c of Jiis office of administrator, — to be deposited with and preserved by the register: but no administrator, shall take possession of the property of the deceased person, before an inventory thereof shall be made, and the property apprais'^ by the appraisers in writing; which inventory and apprai.-,. nient shall be affirmed to, before a justice of the peuct^, ana returned to the register, with the justice's certificate of the affirmation endorsed thereon, to be carefully preserved and recorded in a book kept for that purpose; and such adminis- trator may, at all times, be called upon by the pariies inter- ested, or any of them, for an account of his administration, — be liable to have his appointment revoked, at tiic pleasure of the agent, — and, together with his securities, be josponsiblo, in his and their persons and property, for the faithful dis- charge of his office of administrator. A commis.lon, not to exceed ten per cent, may, at the discretion of tl- ■? agent, be allowed to the administrator, upon the amount that shall actu- ally come into his hands, of the intestate's estate. Sec. 9. Be it enacted and ordained^ That the roai estate of a deceased person shall not be resorted to for the payment of his debts, until the personal estate shall be exhausted. — Creditors shall be allowed four months, after administration granted, in which to present their claims, authenticated by their oath or affirmation, against the estate of a deceased person. The family of the deceased person, should there be any family, may occupy and use the real estate, without com- mitting any acts to injure it, until the division thereof, u nless it is ascertained by the administrator, that the real estate must be resorted to, to pay the debts of the ueccaacj, in which case he may take possession of and sell it at thc^cu.l of the said four months. It shall be in the discretion of the administrator of a deceased person to pay any claim, prc- «^ented after the said four months have expired, if he shall deem the same just. At the expiration of six months, o^i or administration granted, the creditors and heirs, respective ! . shall be entitled to the payment of the former chums, or t! 2* ^ — 18 •division of the estate, according to law, among the latter, as^ Cicc. 10. 34; it enacted and ordained^ That where the estate of a deceased person does not admit of partition among those Jnteiubied^ v. thout loss and injury to some of them, the same nrfay be sold., after proper notice, at public sale, to the highest bidder, by ihe administrator, and the proceeds, after deduct- ing v.«venses, divided among the parties interested, according to their -respective rights. 3EC. 11. Be if enacted and ordained^ That the agent shall o, in like manner appoint guardians for the persons and propt-rty of minors, who have lost both parents, which guar- dians shall gi^'e bond with security, to be approved by the agent, for tip faithful discharge of their office, in the care and honest dt nosition of the property of the minors, that may come iriti their hands. Guardians' bonds shall be de- posited with ti.e register, as in the case of administration bonds. Tiie'^»-Hlation of a guardian to the person of his ivuid a)mll be t" e same, as near as may be, as that of a parent to a child; provided, that the guardian shall not be answera- ble, pecuniarily, beyond the estate of the ward, for the maintenance of the ward. Sec. 12, Be it enacted and ordained. That there shall be appointed from time to time, by the Maryland State Coloni- zation Society, an agent, with the title of governor, whose commission shall continue in force for the term of two years, unless sooner revoked, by the society. He shall reside in the territory, while in the exercise of his office, and shall represent there the state society, and be invested with all its powers, subject to the constitution of the territory, and the ordinances ?Knd decisions of the state society. Sec. 13. he it enacted and ordained^ That there may be aj>pointed, from time to time, by the state society, an assist- ant agent, subc. -^ite to the agent, whose commission shall continue m fci... for the term of two years, unless sooner revoked by thr '^♦o society. He shall reside in the territory, whilb in the €^v ^e of his office, — shall be one of the coun- cil of the F.o^3n.— shall co-operate with and assist him in the discharge of his duties, and, in the event of his absence or death, shall exercise his authority. Sec. 14, Be it enacted and ordained. That it shall be the doty of the agent, to obey and carry into effect, all the or- 19 dinances and regulations of the state society, which are com- municated to him: to exercise a general superintendence over the concerns, police and officers of the territory: to make a semi-annual report to the state society, oi the con- dition and relations of tiie territory, together with an account of all his receipts and expenditures on behalf of the society; to recommend such laws as from time to time, he may see proper, to the state society; to negotiate aad sign ail trea- ties with the natives; to execute all conveyancco rm behalf of the state society, and superintend the correspondence of the territory. He shall also be the commander in chief of the militia of the territory, and issue commissions to all offi- cers in the same, below the rank of general officers. All general officers shall be appointed and commissioned by the state society; all company officers shall be|. elected by the companies respectively, and all intermedi? ,e officers shall be appointed by the agent. The agent ant, assistant agent, shall have all the authority of justices of tl-'j p'^ace, except in case of small debts (hereafter mentionet;,;'^ Sec. 15. Be it enacted w id ordained, That in cases of necessity, where no rule has been made by the state society, the agent, in council, is authorized to make the necessary rules or regulations, of which he shall, by the first oportunity, inform the board of managers of the state society for their approbation, and they shall be in force, until thev are revoked by the board of managers and notice of their revocatjon ir. received by the agent. in. Sec 16. Be it enacted and ordained, That there shail bo appointed by the agent, from time to time, a secretary, whose commission shall continue in force one year, unless sooner revoked, and who shall reside in the territory during the ex- ercise of his office. He shall take charge 'of and carefully keep, all the papers, records and archives of the territory, relatincr to government; shall be prese.r/r.^,t,f and exactly re- cord the proceedings of the agent in e ...//?ii; r,'.»aU publish all the ordinances and notices of the gov, ^ment, so thai ihe people may be informed thereof; issuu ../^ge"* ^ or^lers, as he may direct; keep a copy of the ^«f''Si'«"f^"^^.^'l:': ports of the agent; record i" ^ proper booic altreati^^sm^^^^^^ by the agent; and attend to the recording, by the reg .ter, of all other^nslruments, proper to be recorded n. vvlch^^^ government is interested; and perform generall;,, ^uch duties 20 £3 may be imposed upon him by the agent, in conducting the internal affairs and cuire.=pondence of the territory. Se^ 17. ol holding the elections shall be the first Monday of March Ir eadi year; should any thing prevent an election from being held, the ihen incumbents shall hold their offices, until a new election does take place. Sec. 21. Be it enacted and ordained, That the vice-agent shall be elected annually. — He shall be a member of the agent's council; he shall aid the agent and assistant agent in the discharge. of, their various duties, and in the event of the absence or, death of the agent and assistant agent, shall ex- ercise the authority of agent; he shall have all the powers of a- justice of the peace, except in the case of small debts. Sec. 22. Be it enacted and ordained. That the two coun- selFors shall be elected annually, and, together with the assist- ant agent, and vice-agent, shall constitute a council, which shall deliberate and consult, without the privilege of voting, with the agent, on the appointment of officers, the forming rules and regulations, and the general interest of the territory whenever requp^ted so to do by the agent. In case of the absence c ^eath of the agent, assistant agent and vice-agent, .ae acnjTor counsellor shall exercise the authority of agent. The assistant agent and vice-agent, shall also advise with the other members of the council on any subjects connected with the general welfare, as often as they shall think proper, and report the result to the agent, if they see fit, or act upon the same in case of his absence. Sec, -''3. Be it enacted and ordained. That the register shall be elected every three years. It shall be his duty to re- cord all papers, deeds, wills, inventories and other instru- ments, iviiich, in any way. afiect the title to property, that may be handed to him for that purpose: he shall take proof of wills, and certify the same on the will itself. He shall record deeds relating to real estate in one set of books, — deeds of personal estate in another, — wills and probates in another. — inverAories in another. — certificates in another, — patents and iice'i.^es in another, — and to each volume he shall maUc an alphabetical index as he proceeds. He shall be '-U^^o