| 1753. |
3 FREDERICK Lord BALTIMORE.
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CHAP.
XVI.
Penalty for
Non-Compliance;
But shall not
be obliged to
assist on any
other Part of
the Road.
Contracts
heretofore
made in Worcester
County,
made void.
Commencement
of Penalties.
Continuance. |
thereof legally convict, he, she, or they, shall forfeit and pay the
Sum of
Twenty Pounds Current Money; the one half thereof to be applied towards
defraying the Charge of the County where such Neglect or Refusal shall
happen,
the other half to him, her, or them that shall inform or sue for the
same;
to be recovered by Action of Debt, Bill, Plaint, or Information, in
any Court of Record within this Province, wherein no Essoin, Protection,
or
Wager of Law, or more than one Imparlance shall be allowed. Provided,
That such Person or Persons, Owner or Owners, Possessor or Occupier,
of
such Mill or Mills, shall not be obliged to send his or their Taxable
Persons,
who shall reside in the precinct of such public Road, to work on any
Part of
such Road, except such Mill-Dam, Causeway, Race, and Waste, as aforesaid.
III. And be it
further Enacted, That all Contracts heretofore made by the
Justices of Worcester County Court, with the Proprietor or Proprietors
of any
such Mill or Mills, for the keeping in good Repair such Dam or Bridge
and
free Passage of Travellers and Carriages as aforesaid, are by this
Act made
null and void to all Intents and Purposes whatsoever; any THing to
the contrary
in any wise notwithstanding.
IV. Provided
always, and be it Enacted, That no Owner or Owners of
such Mills as aforesaid,. over the Dams of which public Roads now pass,
shall be subject to any of the Penalties in this Act, for not making
such Mill-Dams
of the Breadth in the said Act directed, until after the First Day
of
November which shall be in the Year of our Lord Seventeen Hundred
and
Fifty-four.
V. This Act to continue for Five Years, and
unto the End of the next
Session of Assembly which shall happen after the Expiration of the
said Five
Years.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
Continued,
together with its Supplementary ACt, by 1758, ch. 8, and 1762, ch.
17.
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CHAP. XVII.
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Passed 17th
Nov. 1753. |
An ACT for regulating Judicial Proceedings. Lib. H.S.
fol. 32. |
Preamble.
in Actions of
Trover, &c.
the Court
may award
Special bail,
and on Default
thereof
may commit
the Defendant. |
WHEREAS in Actions of Trover and Conversion, and Actions of
Detinue, Special Bail by the Order and Course of Law, is not
granted, and for that many Persons commencing such Suits, for
want of Special Bail therein, have often lost the Effects of their
Judgments.
the Defendants in such Suits frequently Running away, to avoid the
Consequence
thereof.
II. Be it therefore
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
in all Actions of
Trover and Conversion, and Actions of Detinue, to be commenced after
the
First Day of December next, in any of the Courts in this Province,
it shall
and may be lawful for the Justices of the Court in which such Action
shall be
commenced, or such of them as shall be present, upon the Affidavit
of the
Plaintiff, or other Evidence of his Cause of Action given to the Satisfaction
of such Court, to award Special bail against any Defendant or Defendants
in
such Action, and for Default of such Bail, to commit such Defendant
or Defendants
to the Custody of the Sheriff,. or Coroner, as the case may require,
until he, she, or they, shall put in such Bail; as is usual in other
Cases; any
Law, Usage, or Custom, to the contrary notwithstanding.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |
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