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Bacon's Laws of Maryland
Volume 75, Page 340   View pdf image (33K)
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CHARLES CALVERT, Esq; Governor.
1723.
them at a Certain Day by them to be appointed, upon the Lands the
Boundaries whereof are to be proved, or perpetuated; and to examine all
such Evidences upon their corporal Oaths, to be administered by such Commissioners,
of their Knowledge concerning the several Bounds of such Lands;
and carefully to reduce what the Evidences shall declare, into Writing, in the
Presence of all the Parties concerned, that shall be there present; and return
the same to the County Court where the Land lies, to be recorded in perpetual
Memory.

    III.  And be it Enacted, That all Examinations of Witnesses that shall be
taken, by Virtue of, and in Pursuance of this Act, shall be as good and available
as if taken according to the Rules ad Practice of the Court of Chancery,
any Defect or Want of Form, or of filing or exhibiting a Bill, or any
Law, Usage or Custom to the contrary notwithstanding.

    IV.  Provided always, That the Commissioners to be appointed by Virtue
of this Act, shall, (before their Meeting on such Land, where all Parties concerned
live in the County, or where they are not known) affix Public Notes at
the Parish Church where the Land lies, Three Sundays at the least, before their
Meeting, intimating their Intentions, and the Time they shall appoint, and
shall cause the like Notes to be put up in the most public Places in the County,
Twenty Days before such Meeting, and that where all Persons interested
are known, and any one of them lives out of the County, that Notice shall
be given by affixing a Note at the Church Door of the Parish in which the
Party resides, Forty Days at the least, before such Meeting of the Commissioners;
and that the Commissioners shall return a Certificate of having given
Notice, directed by this Act, with the Examination of the Witnesses.

    V.  And whereas Many Persons in the remoter Counties of this Province,
having equitable Rights against the Recoveries of Law that happen against
them in such Counties, but before the Inconveniency of their purchasing Injunctions,
as the Practice stands at present, are obliged to submit to the Injuries 
they receive, or to procure Sureties to go with them to Annapolis, to
enter into Bond in the Chancery Office, which is almost impracticable:  For
Remedy whereof,
Be it further Enacted, That in case any Person shall think
fir to proceed in Equity against any Verdict or Judgment rendered against him,
on his Application to the County Court, it shall and may be lawful for such
County Court to take sufficient Security from such Person, with Two sufficient
Sureties, in not less than double the Debt and Costs recovered against

him, for the due Prosecution of a Writ of Injunction in that case, according
to the Form following.
    " KNOW all Men by these Presents, That we A. B. C. D. and E. F. of
" County, are held and firmly bound unto
R. M. of              &c. in the full and
" just Sum of                       to be paid to the said
R. M. his Executors, Administrators
" or Assigns:  To the true Payment whereof, we bind ourselves and every of
" us, our and every of our Heirs, Executors and Administrators, jointly and severally,
" for and in the Whole, firmly by these Presents, Sealed with our Seals,
" and dated this            Day of                 
Anno Domini 17          "
    " Whereas the above bound
A. B. hath obtained an Injunction to stay Proceedings
" at Law, on a Judgment rendered against him in                            County Court, by
"                       for                             Now the Condition of the above Obligation is
" such, That if the said
A. B. shall prosecute the said Writ of Injunction with
" Effect, and satisfy and pay as well the said                  as all Costs, Damages,
" and Charge that shall accrue in the Chancery Court, or be occasioned by the Delay
" of Execution on the said Judgment, unless the Court of Chancery shall decree
" to the contrary, and shall in all Things obey such Order and Decree as the
" Chancery Court shall make in the Premises, then the above obligation to be void
" and of none Effect, else to be in full Force and Virtue."

CHAP.
  VIII.

may examine
Evidences,
concerning
the Bounds of
Lands,
whose Depositions,
shall
be recorded,

and stand
good.





The Commissioners
to
give public
Notice of
their Meeting.





and return 
Certificate
thereof, with
the Examinations.



On Application 
of Persons
having
equitable
Rights against
Recoveries
in Law,
the County
Court may
take Security
in the following





Form.


 
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Bacon's Laws of Maryland
Volume 75, Page 340   View pdf image (33K)
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