| 1722. |
8 CHARLES Lord BALTIMORE.
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CHAP.
X.
Deputy-Commissaries
to give Bond. |
Representatives, and Dis-reputation of the Deceased: For Remedy
of which
Evils for the future; Be it Enacted, by
the Authority, Advice and Consent aforesaid,
That no Executor or Administrator shall hereafter be allowed any
Cost of Suit, in any Action to be recovered against such Executor or Administrator,
out of the Deceased's Estate, unless the Court before whom the
Action is brought, shall certify to the Commissary-General or Deputy-Commissary,
that the Executor or Administrator had just or probable Cause or
Reason for withstanding such Suit.
V. And be it
further Enacted, That every Deputy-Commissary shall enter
into a Bond with sufficient Sureties, (such as the several County Courts,
who
are hereby impowered and directed to take the same, shall approve of, payable
to the Lord Proprietor, in the Penalty of Two Hundred Pounds Sterling)
fir the due and just Execution of his Office; which Bonds shall be lodged
in the Prerogative Office, and liable to be assigned and sued, as the Sheriffs
and other Public Officers Bonds are.
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON.
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CHAP. XI.
|
Passed 3d
Nov. 1722. |
An Act for the Continuance of Process in Baltimore County
Court. Lib. LL.
Nº 4. fol. 565.
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|
CHAP. XII.
|
| Ditto. |
An ACT for regulating Amerciaments in the Provincial and County
Courts, and directing the application of them,; and
for repealing
Part of an Act, entitled, * An Act for the better Administration
of Justice in the High Court of Appeals, Chancery,
Provincial and County Courts of this Province; for the
more
speedy Recovery of Debts; easy obtaining of Executions
against
Persons absenting from the Counties where the Judgments
were
recovered against them; for preventing Commissioners,
Sheriffs,
Sub-Sheriffs, and Deputy-Clerks, to plead as Attorneys
in the
respective Courts to which they belong; and for Amerciaments
in the Provincial and County Courts. Lib.
LL. Nº 4. fol. 565.
|
Amerciaments
in the Provincial
Court
50 lb Tobacco,
to
be applied
as the Governor
and
Council
shall direct;
in the County
Court, 30 lb
Tobacco, to
be applied to
the County
Charge.
Defendants
cast the first
Court, not
liable. |
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 of this Province, and the Authority of the same,
That every Plaintiff, not being an Executor, Administrator, or Minor,
that
shall be cast in any Cause in the Provincial Court, or discontinue his
Suit,
shall be amerced Fifty Pounds of Tobacco, and every Defendant in the same?
Court, not being an Executors, Administrator, or Minor, that shall
be cast,
if he imparles, shall be amerced Fifty Pounds of Tobacco; to be applied
as
the Governor and Council shall direct; and that every Plaintiff in
the County
Court, (not being an Executor, Administrator, or Minor,) that shall be
cast
in any Cause, or shall discontinue the same, shall be amerced Thirty Pounds
of Tobacco; and that every Defendant, not being an Executor, Administrator,
or Minor, that shall be cast, if he imparles, shall be amerced Thirty
Pounds of Tobacco; to be applied to the defraying the County Charge; all
which Amerciaments to be levied by the Sheriffs, by way of Execution, in
the same Manner as the Public and County Levies are.
II. Provided,
That no Defendant shall be liable to any Amercement against
whom Judgment shall be rendered the first Court.
III. And be it
further Enacted, That one Clause of an Act, entitled, An
Act
for the better Administration of Justice in the High Court of Appeals,
Chancery, |
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