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III
A LOWER HOUSE BILL, 1766, FOR THE ISSUING OF
WRITS OF REPLEVIN OUT OF THE COUNTY
COURTS WHICH WAS REJECTED IN THE
UPPER HOUSE
[THIS IS THE DRAFT OF A BILL PASSED BY THE LOWER
HOUSE AT THE NOVEMBER-DECEMBER, 1766, SESSION,
TO PERMIT THE ISSUING OF WRITS OF REPLEVIN, OUT OF
EITHER THE COUNTY COURTS OR THE COURT OF CHANCERY,
WHICH, UNDER THE EXISTING LAW, MIGHT ONLY BE ISSUED
FROM THE PROVINCIAL COURTS AT ANNAPOLIS. THE BILL
RECITES THAT THIS CHANGE WAS DESIRABLE TO LESSEN
THE INCONVENIENCE AND EXPENSE TO SUITORS OF TRAVEL-
ING TO ANNAPOLIS, AND THAT THE BILL WAS IN CON-
FORMITY WITH PRACTICE IN ENGLAND. THIS BILL WAS
REJECTED BY THE UPPER HOUSE, AS IT HAD BEEN AT PAST
SESSIONS, AND WOULD AGAIN BE IN THE FUTURE, DOUBT-
LESS BECAUSE OF THE OPPOSITION OF THIS HOUSE TO LES-
SENING THE JURISDICTION OF THE PROVINCIAL COURTS AT
ANNAPOLIS AND ALSO BECAUSE OF THE LOSS OF COURT
FEES TO THEIR OFFICERS. SEE PAGE. cvi.]
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An Act for Issuing Writs of Replevin Out of the County Courts of
this Province
Whereas it appears to this General assembly that the Issuing Writs
of Replevin in the Counties where the Cause of Action doth arise,
is agreeable to the Practice of Our Mother Country; and the want
of such a Practice here is of great Inconvenience to the good People
of this Province, especially of the more remote Parts and more Par-
ticularly of the Eastern shore, who many Times in the winter Season
cannot Possibly cross the Bay in Order to obtain such Writts Out
of the Chancery Office, for remedy therefore of this Evil for the
future,
Be it Enacted by the Right Honourable the Lord Proprietary by
and with the advice and Consent of his Lordships Governor and the
Upper and Lower Houses of Assembly and the Authority of the
same That from and after the end of this Present Session of
Assembly all Writts of Replevin may Issue at the Election of the
Party or Parties Suing for the Same either Out of the Court of
Chancery or the County Court where the Cause of Action shall arise
or County Court of the County [wh]ere the Goods and Chatties
to be Replevied shall be at the time of Issuing such Writ returnable
to the Provincial or County Court as the party Or Parties suing the
same may incline Or as the Nature of their case may require And
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MSS
Archives of
Maryland
Hall of
Records
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