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CHARLES CALVERT, Esq; Governor.
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1722. |
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 Amercements in the
Provincial and
County Courts, that relates to Amercements, and the Application
of them, shall
be, and is hereby repealed.
IV. And be it
likewise Enacted, That it shall and may be lawful to and
for the several and respective Justices of the County Courts within
this Province,
at their Discretion, where it shall appear to them that any Plaintiff
or
Defendant in any Action hereafter to be brought in any of the said
Courts,
shall suffer by the Negligence or Omission of the Attorney of Attorneys,
to
immediately adjudge such Attorney or Attorneys to pay the lawful Costs
accruing
from such Plaintiff or Defendant through such Negligence or Omission,
not exceeding Four Hundred Pounds of Tobacco; but if the the Cost shall
surmount
that Sum, then in every such Case, the Plaintiff or Defendant shall
be
left to their Remedy at Common Law. And that every Attorney practicing
in any County Court whereof he is not an Inhabitant, shall be under
the same
Circumstances as to any Recovery to be had against him, as though he
was
actually an Inhabitant of that County.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
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CHAP.
XII.
Repeal of a
Clause, (viz.
§. 10,) of the
Act of 1715,
ch. 41.
Penalty on
Attorneys neglecting
their
Clients Cause
in the County
Court.
Attorneys liable
to actions
in any
County
where they
Practice. |
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CHAP. XII.
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An Act for the better relief of poor Debtors. Lib. LL. Nº
4. fol. 567. EXP.
To be in Force 3 Years, &c.
Continued 1725, ch. 4; 1728, ch. 6; 1732, ch. 20;
1736,
ch. 3; expired in 1740; was again revived 1742,
ch. 6; and 1746, ch. 3; and at length totally
expired in 1750. |
Passed 3d
Nov. 1722. |
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CHAP. XIV.
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A Supplementary Act to the b Act for repairing
Damages already sustained in
the Records of the Land, Secretary's, Commissary's,
and County Court Offices,
and for Security of the same Records for the
future. Lib. LL. Nº 4. fol. 569.
N.B. By this Act
(1.) Thomas Bordley and Daniel Dulany, Esquires, were
added to the former
Commissioners. (2.) The several Officers
to be obliged, in the same Sums, and in the same
Manner, as prescribed in the said Act of 1716, ch.
1, for such Books as the Commissioners should
adjudge to be then in good Repair; and a Clause to be
in the Condition of every Bond to make
the Officers answerable for every Book that should be
put in good repair by Directions of the
Commissioners, and delivered into the proper Office to
which it belongs. |
Ditto.
b 1716, ch. 1. |
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CHAP. XV.
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An ACT directing how Fines shall be adjudged against such as
neglect to appear at Musters. Lib.
LL. Nº 4. fol. 570. |
Ditto. |
BE it Enacted, by
the Right Honourable the Lord Proprietor, 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 on Representation
made by the Head Officer that shall
appear in the Field at any
Time appointed for a Muster, that
any Persons, not exempt by Law, shall
not have made their Appearance according
to his Warning or Summons provided
as the Laws of this Province direct,
it shall and may be lawful for any
Two Field Officers of the County,
to summons the Delinquent or others concerned;
and on hearing and fully examining
into his Offence and Excuse, to
cause him to be executed or excused,
as shall be most just and most agreeable
to the Intent of the Law, now in
Force, for the better regulating the Militia.
II. Provided,
That in case any Person summoned
to appear before such
Field Officers, shall not appear,
or otherwise excuse themselves, it shall be
lawful for such Officers to judge
their Case as on Default.
III. And
be it further Enacted, That an
Act, entitled, An Act for ordering
regulating the Militia of this Province, for the better Defence and Security
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Any 2 Field
Officers may
adjudge Fines
and award
execution for
not appearing
at Musters.
Judgment on
Default. |
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R r 2
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