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HORATIO SHARPE, Esq; Governor.
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1763. |
" affirmed, as well the Debt, Damage, and Cost, adjudged by the Justice
" from whose Judgment such Appeal shall be made, as also all Cost and
" Damage that shall be awarded by the Court before whom such Appeal shall
" be heard, tried, and determine, then the said Bond to be and remain in
" full Force and Virtue, otherwise to be of none Effect."
X. This Act to continue for Three Years, and
unto the End of the next
Session of Assembly, which shall happen after the Expiration of the said
Three
Years.
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CHAP.
XXI.
Duration. |
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CHAP. XXII.
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A Supplementary Act to the Act, entitled, k
An Act for Emitting and making
Current Ninety Thousand Pounds Current Money of Maryland,
in Bills of
Credit. Lib. H.S. fol. 512.
OBS.
N.B. By
this Act, the several Naval Officers were directed to pay into the Hands
of the
Commissioners of the Loan Office, before the 6th October 1764, good
Bills of Exchange upon
London, payable at Thirty Days Sight, for the Amount of the Duty
of 15 d. per Hogshead,
which they shou'd respectively receive for Tobacco exported after the 1st
December 1763, instead
of remitting such Bills to the Trustees in London, pursuant to the
Original Act. And the said
Commissioners were directed and impowered to receive the same, and enter
them in their Books,
to the Credit of the Province of Maryland: Which Bills so
received, to be the first Bills of Exchange
by them paid away, to those who shou'd bring in Bills of Credit, to be
sunk at the End
of the last Sixteen Years; and the Delivery thereof by them, to be a Payment
and Discharge of
such Bills of Credit, as fully and amply as Bills drawn by the said
Commissioners, upon the
Trustees in England, according to the Directions of the Original
Act.
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Passed 21st
Nov. 1763.
k 1733, ch. 6. |
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CHAP. XXIII.
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An ACT for the Advancement of Justice. Lib. H.S.
fol. 513.
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Passed 21st
Nov. 1763. |
WHEREAS, notwithstanding the several Laws heretofore made for
the ADvancement of Justice, Amendment of the Law, and Aiding
and Supplying several Defects in Judicial Proceedings, great Delay,
Trouble and Expences, have been, and still are, occasioned by Demurrers,
Arresting and Reversing of Judgments, and Staying Executions by Writs
of Error and Appeal, there being yet no sufficient Provision made for the
aiding
such Omissions, Errors and Imperfections, as are usually taken Advantage
of by special Demurrers, and also for aiding such Defects in the Entries
of Clerks, as are frequently taken Advantage of, on the Prosecuting Writs
of
Error, or Appeals, as well as divers other Advantages of other Defects,
or
pretended Defects, or Errors, which only serve to Prevent, or Divert the
Examination
of, and giving Judgment on, the very Right of the Cause: For
Remedy whereof,
II. 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, and the Authority of the same, That in all
Actions to be
commenced after this Session of Assembly, the Justices of the several Courts
of Law within this Province, shall Proceed, and give Judgment, according
as the very Right of the Cause, and Matter in Law, shall appear to them,
without regarding any such Omission, Defects, Advantages, or Pretences
as
aforesaid, so as sufficient Matter shall appear in the Proceedings, upon
which
the Court may proceed to give Judgment, according to the very Right of
the Cause and Matter in Law, and that it shall appear that the Action shall
be commenced after the Cause thereof shall accrue, and that no such Judgment
shall be reversed or set aside, or Execution thereon delayed, for or by
reason of any such Imperfection, Omission or Defect; and Law, Usage, or
Custom, to the contrary notwithstanding.
III. Provided
always, and be it Enacted, by the Authority aforesaid, That
nothing in this Act shall extend, or be construed to extend, to any Writ,
Declaration, or Suit of Appeal of Felony, or Murder, or to any Indictment,
or Presentment of Treason, Felony, or Murder, or other Matter, or to any
Process upon any of them, or to any Writ, Bill, Action, or Information,
upon any Penal Statute. |
Preamble.
Courts of
Law shall
give Judgment
according
as the
Right of the
Cause, &c.
shall appear
to them,
without regarding
Omissions,
Errors,
&c.
But shall not
extend to Prosecutions
for
Treason, Felony,
or on
Penal Statutes. |
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