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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 115   View pdf image (33K)   << PREVIOUS  NEXT >>
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At a Session of Assembly begun and held at the City of
Annapolis, in the County of Ann. Arundel, on the 11th, and
endeth the 27th Day of October, in the Sixth Year of the
Dominion of the Right Honourable Charles, absolute Lord
and Proprietary of the Provinces of Maryland and Avalon,
Lord Baron of Baltimore, &c. Annoq; Domini 1720, were
Enacted the Laws following, viz.
Charles Calvert, Esq; Governor


An Act to restrain the Rigour of Prosecutions on Administra-
tion, or Testamentary Bonds

Whereas it is represented by some of the Justices of the
Provincial Court That a most oppressive and pernicious Prac-
tice is introduced of putting Testamentary and Administra-
tion Bonds in Suit in the Provincial Court, for the Non-Pay-
ment of small Debts, recovered in the County Courts, without
ever suing out Writs of Fieri facias, or other Executions to
effect the Estate of the Deceased, in the Executors or Admin-
istrators Hands, or without any Insufficiency of such Execu-
tors or Administrators, whereby the Act, entitled, An Act to
restrain the ill Practices used by Sheriffs in taking Goods by
Fieri facias, and selling them by Venditioni exponas, is
entirely evaded, so far as it relates to Executors and Admin-
istrators, and the Person and Sureties of such Executors and
Administrators are affected by such Suing the said Bonds,
instead of the Effects of the Deceased: For Prevention
whereof for the Future.
II. Be it Enacted, by the Right Honourable the Lord
Proprietary, by and with the Advice and Consent of his
Lordship's Governor, and the Upper and Lower Houses
of Assembly, and the Authority of the same, That it shall
not be Lawful for any Creditor or Creditors to prosecute
any such Administration or Testamentary Bond for any
Debt or Damages due from, or recovered against any Testa-
tor, or Intestate, or their Effects, before a Non est Inventus

1 The text of the three Acts here given is taken from Bacon's Laws of Maryland
at Large (1765). The remainder of the Acts at this session were either private
or had expired or been repealed before the date of that compilation. The Acts
are numbered consecutively with those of the session held in April of the same


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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 115   View pdf image (33K)   << PREVIOUS  NEXT >>

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