CHAP.
XXIII.
Recital of the
Act of 1733,
ch. 6; which
Act being expired,
this,
and the two
following Sections,
are become
Obsolete.
Execution
Fees, to be
no greater,
than shall arise
on what
shall be really
due on such
Bonds.
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for the Justices of any Court of Record within this Province, to give
Judgment
upon any such Bonds, by virtue of any such Power or Powers.
III. And whereas,
by an Act, entitled, An act for Emitting and making
Current Ninety Thousand Pounds Current Money of Maryland, in Bills
of Credit,
it is, amongst other things, therein Enacted, " That the said Commissioners
" or Trustees, or any Two of them, may take Bonds or other Obligations,
" of able and sufficient Persons, for any of the said Bills of Credit,
at the
" Interest of Four Pounds per Cent per Annum, and so in Proportion
for a
" greater or lesser Sum, payable at such Time as shall be agreed on; which
" Bonds or Obligations shall be payable to the Commissioners or Trustees,
" or their Successors, and shall be of the same Force and Effect to all
Intents
" and Purposes, as Statutes Merchant, or of the Staple, and shall and may
" be Proceeded on accordingly;" whereby it is evident, that there need
no
Judgments be entered up, or confessed upon such Bonds, which makes
the Expences thereof burthensome and grievous to the Parties:
For prevention
of which Evil for the future;
IV. Be it Enacted,
by the Authority, Advice and Consent aforesaid, That
from and after the End of this Session of Assembly, when any Person or
Persons,
who have passed, or shall, during the Continuance of the Act aforesaid
pass, any Bond or Bonds for any Sum or Sums in the said Bills of Credit,
to
the said Commissioners heretofore, or for the Time being, and fail
in Payment,
and need may require suing any such Bond or Bonds for the better securing
the Sums due, it shall and may be lawful for the said Commissioners
or Trustees for the Time being, to cause the Clerk of the Provincial Court,
to enter such Bond in the Records of the said Court, and thereupon make
an
Order signed by them the said Commissioners or Trustees for the Time
being, to said Clerk, to make out such Execution as they shall judge proper,
against the Body, Goods or Chattels, Lands and Tenements, Rights or Credits,
of such Debtor or Debtors, their Surety or Sureties; which Order
likewise shall be entered with such Bond in the Records aforesaid, by the
said
Clerk. And the Clerk of the Provincial Court for the Time being,
shall,
and he is hereby obliged, authorized and directed, to enter such Bond
and
Order, and immediately thereupon, to make out such Execution, as shall
be
required under the Hands of the said Commissioners for the Time being,
and directed to such Sheriff, Coroner, or other Officer or Officers, as
the
Case may require; and such Sheriff or Sheriffs, Coroner or Coroners, or
other Officer or Officers, as the Case shall or may require, are hereby
impowered
and directed to execute the same in common Form, as such Writs
or Executions usually have been , should, or ought to be executed.
V. And whereas,
the Credit of the Office of the Commissioners or Trustees
aforesaid, hath been, and ought to be supported; It
is hereby Enacted,
That no Bond or Bonds taken, or to be taken in the said Office by
the Commissioners
or Trustees aforesaid, in Virtue or by Directions of the recited Act
aforesaid, shall be affected by an Act for Limitation of Actions within
this
Province, but that such Bond or Bonds so taken or to be taken by the said
Commissioners or Trustees, shall remain, and be good and effectual
in Law,
during the Continuance of the Act, entitled, An Act for Emitting and
making
Current Ninety Thousand Pounds Current Money of Maryland, in Bills
of Credit;
any Law, Statute, Usage or Custom to the contrary notwithstanding.
VI. And be it
Enacted, That from and after the End of this Session of
Assembly, it shall not be lawful for any Sheriff or Coroner, to charge
to or
take from any Person or Persons within this Province, any other or
greater
Execution Fee, than such as shall arise on what shall be really due on
such
Bond or Bonds: And for prevention of exorbitant Fees being taken
by Attorneys
practicing in any Courts of Record within this Province, and of
Clerks from multiplying Suits in the County Courts; |