
    GENERAL COURT,
    MAY TERM, 1797.
    State of Maryland against Robert Dorsey.
    THIS was an action of debt upon a joint and several bond executed on the 24th of March, 1785, by John Dorsey, the defendant, and Thomas Tates, to the state of Mat yland, in the penal sum of 700/. current money, con» ditioned that the said John Dorsey should pay to the state the sum of 354/. 17s. Id. in-gold and silver, on or before the 1st of January, 1790, with legalinterest thereon annually, to commence from the 1st of September, 1784.
    The following case was stated for the court’s opinion e
    It is agreed that heretofore, on the 24th of March, 1785, a certain John Dorsey, the defendant, Robert Dorsey, and Thomas Tates, entered into a bond or obligation to the state of Maryland, and is the same declared upon in this suit. It is also agreed that no part of the principal sum of 354/. 17s. Id. has been paid on the said bond, nor any of the interest thereon accruing since the 24th of March, 1785, but that at November session, 1790, the general assembly of Maryland made and passed the following resolution ;
    “ Whereas it is represented by Robert Dorsey, Thomas Gassaway, and Thomas Tates, that they became securities for John Dorsey, (an insolvent debtor,) for the purchase of one eighth part of the Nottingham works, and that the sum of two thousand two hundred and se° venteen pounds, nineteen shillings and two pence, hath been paid in part of the said purchase-money, and the said property hath not been conveyed by the state, that the said Robert Dorsey, Thomas Gassaway, and Thomas Tates, are not able to pay the balance due for the said property, but have proposed to give the same up to the state; resolved, that the treasurer of the Western Shore deliver the bonds of the said John Dorsey to his respec* tive securities, on his trustees’ surrendering up to the State his, the said John Dorsey’s, eighth part of Nottinghaih, works, with all the stock to the same belonging. Resolved, that the governor and council be authorized to appoint a person to receive the said property for the use of the state.”
    It is also agreed that John Dorsey, Charles Ridgely, William Goodwin, Darby Lux, John Sterrett, Benjamin Nicholson, Samuel Chase, and Elam Bailey purchased confiscated property sold by the state, belonging heretofore to the Nottingham company, and that the bond above mentioned was delivered to the treasurer of this state by the aforesaid John Dorsey, Charles Ridgely, &c. to secure the payment of so much of their part of the said purchase-money; and the sum of 44/. 7s. 2d. was accordingly applied to the credit of each of the said persons on account of their purchase aforesaid. And if, upon the case above stated, the court shall be of opinion that the defendant is now liable for, and chargeable to pay, the money mentioned in the condition of the said bond now in suit, or any part thereof, or the interest thereon, then judgment to be entered for the state for the penalty and costs; if otherwise, this suit to be discontinued.
    
      Martin, (Attorney-General,) for the state.
    
      Key, for the defendant^
   The general court gave judgment, on the case stated, for the state.  