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CHARLES CALVERT, Esq; Governor.
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1720. |
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CHAP. XVIII.
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An Act for the Naturalization of John Peter Zenger of
Kent County, Printer,
and his Children. Lib. LL. Nº
4. fol. 498. PR.
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Passed 27th
October 1720. |
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CHAP. XIX.
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An Act for Confirmation of certain Deeds of Sale to William
Matthew, Esq; of
Lands in Baltimore County. Lib.
LL. Nº 4. fol. 498. PR.
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Ditto. |
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CHAP. XX.
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A Supplementary Act to the d Act to limit the
Continuance of Actions in several
Courts within this Province, and ascertaining the Manner
of taking the Evidence
of Seafaring Men, and for granting Appeals from the
Chancery Court to
the Governor and Council. Lib. LL. Nº
4. fol. 500. REP. 1721, ch. 14.
d 1718, ch. 10,
which, together with this Act, was repealed by the new Law.
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Ditto. |
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CHAP. XXI.
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An Act for granting unto Edward Smith, of the City of Annapolis,
Sawyer,
One Hundred and Twenty Feet of Ground in the said City
to keep a Sawyer's
Yard on, for the Encouragement of his Trade. Lib.
LL. Nº 4. fol. 500. PR.
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Ditto. |
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CHAP. XXII.
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An Act for the Confirmation of the Land therein mentioned, to Richard
Bennet,
Esq; Lib. LL. Nº 4. fol. 501.
PR. REP. 1753, ch. 24.
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Ditto. |
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CHAP. XXIII.
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A Supplementary Act to the e Act for Relief
of Thomas Manning, of Calvert
County. Lib. LL. Nº 4. fol. 503.
PR.
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Ditto.
e 1707, ch. 3. |
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CHAP. XXIV.
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An ACT to restrain the Rigour of Prosecutions on Administration,
or Testamentary Bonds. Lib. LL. Nº
4. fol. 504.
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Passed 27th
October 1720. |
WHEREAS it is represented by some of the Justices of the of the Provincial
Court, That a most oppressive and pernicious Practice is introduced
of putting Testamentary and Administration Bonds in
Suit in the Provincial Court, for the Non-Payment 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 Administrators
Hands, or without any Insufficiency of such Executors or Administrators,
whereby the Act, entitled, f 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 Administrators,
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
Testator, or Intestate, or their Effects, before a non est Inventus
on a Capias
ad Respondendum be returned against the Executor or Administrator,
or a Fieri
facias returned nulla Bona by the Sheriff of the County where
such Executor
or Administrator live, or where the Effects of such deceased lies, or such
other
apparent Insolvency or Insufficiency of the person or Effects of such Executor
or Administrator, as shall in the Judgment of the Provincial Court
that hears the Cause, render such Creditors Remediless by any other reasonable
Means, save that of suing such Bonds; on pain that such Person or Persons
that shall cause such Bonds to be sued, contrary to the true Intent and
Meaning
of such Act, shall be condemned in full Costs of Suit, to be adjudged by
such Provincial Court, to the Defendant or Defendants that shall be so
sued,
against the Person or Persons that shall cause the same to be sued, and
shall
award Execution thereof as usual in other Cases. |
Preamble.
f 1716, ch. 16.
No Administration
Bonds shall
be sued unless
the Creditor
be without
Remedy by
other Means.
on Penalty of
Costs. |
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