Volume 63, Page 298 View pdf image (33K) |
298 Assembly Proceedings, October 2 November 30, 1771.
Liber R. G. Cause until the Death of the Party or Arbitrator or Refusal to act
1771 or setting aside, such Award shall not run, be had reckoned or esti
mated as Part of the Time limitted for the bringing or prosecuting
such Suit and that this Act shall and may be taken Advantage of
in Bar of the Act of Limitation without any special Replication any
Thing to the Contrary hereof notwithstanding.
[Writs of And be it further enacted that if any Writ of Certiorari or habeas
Certiorari or Habeas or Corpus shall be hereafter issued by Plaintiff or Defendant out of
Corpus, the Provincial Court to remove any Cause depending in any County
Court within this Province if upon the Return of any such Writ
the Provin- and the Record certified into the said Provincial Court it shall appear
cial Court to the Justices of the said Court that the Original Debt or Damages
Causesde- do not exceed Twenty Pounds Sterling, twenty six Pounds thirteen
pending any County Shillings and four Pence Current Money or five thousand Pounds
Court where of Tobacco or where the Action shall be brought upon a Bond or
&c the Debt, &c. shall not other Specialty for the Payment of Money or Tobacco or Payment
exceed 20 1. or Performance of any Bill of Exchange protested it shall appear
Sterling, the to the said Justices that the Principal Sum mentioned in such Spe
shall, on cialty or Condition thereof or due on such Bill of Exchange pro-
a Prayer award a Pro- tested doth not exceed twenty Pounds Sterling, Twenty six Pounds
cedendo.] thirteen Shillings and four Pence Current Money or five thousand
P. Pounds of Tobacco the said Justices of the Provincial Court upon
the Prayer of the Plaintiff or Defendant in such Cause shall award
a Procedendo on such Writ of Certiorari or Habeas Corpus any
Law Usage or Custom to the Contrary Notwithstanding.
[Judgments And be it further enacted that in all Cases whatsoever where
A entered on Judgments have been entered agreeable to Awards heretofore made
valid.] the same shall be deemed and taken to be good and valid and as
effectual in Law to all Intents and Purposes as if the same Judg
ment has been rendered upon Verdict or Confession.
[Proviso.] Provided always that Nothing in this Act contained shall extend
or be construed to extend to establish or in any Manner affect any
Julgment that hath been entered on which any Writ of Error or
Appeal hath been presented or is now depending but that such Judg
ment shall be considered in all Respects as if this Act had not been
made, or be construed, to affect any Person or Persons that hath
or have purchased any Lands Tenements or Hereditaments bona
fide, and on good and valuable Consideration but that such Pur
chaser or Purchasers shall be and remain in the same State Right and
Condition as if this Act had not passed
[Justices dif- And Whereas Inconveniences have arisen to Suitors where the
Opinion, Justices of the several Courts of Law in this Province have been
fected divided in Opinion.
have his Bill of Be it enacted and declared that in all Actions in any of the Courts
Exception.] of common Law of this Province wherein the said Justices shall be
|
||||
Volume 63, Page 298 View pdf image (33K) |
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.