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CHARLES CALVERT, Esq; Governor.
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1721. |
Advantages as aforesaid, in their own Right, and not otherwise.
The Privileges
allowed by this Act always excepted.
Examined and Compared with the original Act, REVERDY GHISELIN,
THOMAS BACON.
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CHAP.
IX.
This Act only
excepted. |
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CHAP. X.
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An aCt for the Relief of John Connaway of Ann-Arundel
County, a languishing
Prisoner. Lib. LL. Nº 4. fol. 528
PR.
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Passed 5th
August 1721. |
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CHAP. XI.
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An Act reviving and continuing an Act, entitled, c
An act for regulating of Ordinaries.
Lib. LL. Nº 4. fol. 531. EXP.
c 1717, ch. 1,
hereby continued till the 29th Sept. 1723.
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Ditto. |
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CHAP. XII.
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An Act to impower his Honour the Governor, for the Time being, to
appoint any
Person or Persons whatsoever, to re-survey the Indian's
Lands, and ascertain
the Bounds thereof. Lib. LL. Nº 4. fol. 531.
N.B. The Commission
granted under this Act was to continue in Force for 3 Years; but
the Proceedings and Determinations thereon, were to remain Perpetual.
In pursuance whereof,
the Honourable Phil Lloyd, Esq; Col. Richard Tilghman,
and Col. Matthew Tilghman Ward, were
appointed Commissioners, and their Survey was confirmed by the Act of 1723,
ch. 18; as being
agreeable to the original Grant of 1669, ch. 1.
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Ditto. |
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CHAP. XIII.
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An Act impowering a Committee to lay, assess and apportion the Public
Levy for
this present Year, One Thousand Seven Hindered and Twenty-one.
Lib. LL.
Nº 4. fol. 532.
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Ditto. |
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CHAP. XIV.
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An 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. 533.
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Ditto. |
WHEREAS it is represented as an Aggrievance, the dilatory Proceedings
ad Continuances of Actions, in several of the Courts of this
Province; For Remedy whereof for the future; 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 all Actions now depending in any
of the
Courts of Law within this Province, as well as all other Actions to be
commenced,
may be continued to the End of the Fourth Court after the Appearance
Court, in any of the Courts aforesaid, and no longer, (except in
Causes where Evidences are wanted from beyond Sea) which is left to the
Discretion of the Court where such Case shall happen; and that it shall
and
may be lawful for the several Courts aforementioned, upon the Discontinuance
of any Action or Actions aforesaid (if by the Act or Default of the
Plaintiff) to award him to pay the Costs; but, if by the Act or Default
of
the Defendant, then to give Judgment for the Plaintiff; and if thro' the
Default
of any Attorneys neglecting their Duty in bringing Causes to a Decision,
within the Time limited by this Act, in all and every such Case, every
Attorney
so neglecting his Duty, to the Prejudice of his or their Client, shall,
for every such Neglect in the Provincial Court, forfeit the Sum of Five
Thousand Pounds of Tobacco: And for every Neglect in the County Court,
the Sum of Two Thousand Pounds of Tobacco, and all Costs of Suit accrued
on any Action discontinued by Default of such Attorney. One Half
of the
aforesaid Fines to the party grieved, the other Half to his Lordship the
Lord
Proprietary, to be appropriated to ad for the use and Benefit of a Public
or Free-School of the County where such Fines arise; to be recovered
(in his
Lordship's Name) in any of the Courts of Record within this Province, by
Action of Debt., Bill, Plaint or Information, wherein no Essoin, Protection
or Wager of Law to be allowed, and but one Imparlance: Provided that
the
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Actions not
to be continued
longer
than to the
End of the
fourth Court
after the Appearance.
Exception.
What Judgment
shall be
given on Discontinuance
of Action.
If thro' Default
of any
Attorney,
Penalty. |
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Q q 2
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