330 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L.

No. 64.

Tenements Goods & Chattells to the use of the said John Doe
the Plaintiff upon Condition that if the said John Doe do
obtain Judgment in an Accon of Debt or Trespass upon the
Case depending in the Provincial Court against the said
Richard Roe the Defendant that then the said Richard Roe
shall pay the Condemnation or deliver himself to the prison
of our Sovereign Lady the Queen or you will do it for him.
They acknowledge themselves to be Content therewith this
day of before me.
To the honourable Justices of the Provincial Court Which
said Recognizance of Bayle or Bayle prizes so taken as afore-
said shall be transmitted to the Justices of the said Provincial
Court sitting when and where such Action or suite shall be
depending. Which Recognizance or Recognizances of Bayle
prizes so taken as aforesaid the said Court shall receive upon
payment of such ffees as have been received for the taking of
Such Speciall bayle by the Officers of the said Court and shall
be of like force and effect as if the same were taken de bene
esse before the Justices of the Provinciall Court during their
sitting for taking of every such Recognizance or Recogniz-
ances of Bayle or Bayle prizes such Justice of the Provincial
Court or President of the County Court that shall take such
bayle shall receive only the Sume of five shill and no more.
And be it further Enacted by the Authority aforesaid that
the Justices of the Provincial Court shall make such Rules and
orders for the Justifying of such bayles and making the same
absolute as to them shall seem Meet so as the Cognizor or
Cognizors of such Bayle or Bayles be not compelled to appear
in person in the Provincial Courts to Justify him or themselves.

P. 134

And it is hereby further Enacted by the Authority aforesaid
that such Justices of the Provincial or County Court before
whom any Recognizance of Bayle may happen to be taken
such Justice have and power is hereby given Him to examine
the Suretys upon oath touching the value of their respective
Estates if occasion shall require Any Law Usage Custom or
Practice Notwithstanding.

September 26^th 1704 September 26^th 1704

Read and Assented to by Read and assented to by her
the house of Delegates Majestys hon^ble Councill
W Taylard Clk hD. W Bladen Cl Concil.

Maryland October 3^d 1704

On the behalf of her Majesty &c I will this be a Law.
Jo : Seymour