ADVANCEMENT of JUSTICE.
5. Where any Surety to a Bond,
&c. or Indorser of
a protested Bill of Exchange, shall discharge the Principal
or Balance due thereon, the Obligee or Indorsee
shall assign such Obligation, or protested Bill, to the
Party paying or tendering the Sum due thereon;
which Assignee shall then have Action in his own
Name, against the Principal Debtor. Ibid §. 7.
6. Where Judgment is recovered against Debtor
and
Surety, and satisfied by the Surety, the Creditor shall
assign such Judgment to the Surety: Which Assignee
shall then have the same Execution against the principal
Debtor, as the Creditor might have had. Ibid. §.
8.
7. Where Judgment is rendered against several
Sureties,
and one of them satisfieth the Whole, he shall
have Assignment of the Judgment from the Creditor,
and be entitled to Execution against the other Sureties,
for a proportionable Part of the Damage paid by him.
But no Defendant shall be debarred of Remedy by
Auditâ Querelâ, &c. Ibid.
8. Bonds, &c. under Seal, being assigned
under
Hand and Seal, the Assignee may maintain Action in
his own Name against the Obligor. And in case such
Obligor shall be unable to pay, or cannot be found so
as to recover, the like Action shall be maintainable against
the Obligee: Unless such Debt be lost by Default
of the Assignee, in which Case the Assignor shall
not be liable. Ibid. §. 9.
9. But no Action shall be maintainable in the Name
of any Assignee, unless Oath, &c. be made by the
Assignee, that he hath received no Part of the Sum
mentioned in the Obligation, or such Part only as is
mentioned in such Oath, to be indorsed on the Bond,
And False Swearing herein shall be punishable as wilful
Perjury. Ibid. §. 10 and 11.
ADULTERY. See Fornication.
ADVOWSON and Patronage of all Churches belong
to the Lord Proprietary. See the CHARTER, §.
4.
AFFINITY. See Intestates Estates, 1. Nº VIII.
AFFIRMATION. See Quakers, 1.
AGGRIEVANCES relieved. See the Acts of 1714,
ch. 4, and 1728, ch, 24.
AGE. See Orphans, 4-6.
AGENTS.
1. Lord Baltimore's Agents
for granting Lands were
obliged, on or before the 14th May, 1707, to certify
and hang up in the Secretary's Office, his Lordship's
Instructions and Conditions of Plantations. 1707,
ch. 23, §. 1.
2. They were also obliged to prepare a List of their
Fees, which were to be considered by Two of the
Council, and Two Provincial Justices, who had Power
to lessen them as they saw fit, and to allow them under
their Hands: But still the Fees, so allowed, were
subject to the Denial, Alteration, &c. of the next
Session of Assembly. Ibid. §. 2.
AIDERS. See Accessory.
ALLEGIANCE. See Protestant Interest.
ALLOWANCES. See Administrators, 5, 8-11.
Bills of Cost, 3. Fees, 3.
Gold and Silver, 1, 2.
Inspectors, 21. Intestates Estates, 4.
Levies, 14.
Liquors Imported, 3, 10.
AMERCIAMENTS.
1. The Clerk of the Provincial,
and Clerks of the
several County Courts, shall keep an Account of the
Amerciaments, and deliver, or send the same to the
several Sheriffs, who shall collect the same with the
Levy, and are impowered to Distrain, 1715, ch. 41,
§. 11.
2. The County-Clerks shall give an Account of
the
Amerciaments yearly, to the several Chief Justices, at
November Court. And the Clerk of the Provincial
Court shall lay a List of Provincial Amerciaments
yearly before the Governor and Council. Ibid. §.
12.
3. Every Plaintiff that shall be cast, or discontinue
his Action; and every Defendant that shall be cast |
AMERCIAMENTS.
(Executors, Administrators and Minors excepted) if
he imparles, shall be Amerced: If in the Provincial
Court, 50 lb Tobacco, to be applied as the Governor
and Council shall think fit: If the County Court,
30 lb Tobacco, to be applied to defraying the County
Charge. 1722, ch. 12, §. 1.
4. All Amerciaments shall be levied by the Sheriffs
by way of Execution. Ibid.
5. No Defendant shall be liable to Amerciament,
against whom Judgment shall be rendered the first
Court. Ibid. §. 2.
See Administrators, 27.
Minors, 1.
ANCHORAGE. See Port-Duties.
ANNAPOLIS.
1. Erected into a Town, Port,
and Place of Trade,
under the Name of The Town Land at Proctor's. 1683,
ch. 5.
2. Constituted a Town, Port, &c. under the
Name
of Anne-Arundel-Town; and the Collector of the District,
and a Naval Officer, or their Deputies, constantly
to reside there, for the Dispatch of Shipping. 1694,
ch. 8.
N.B. For the original
laying out, and obtaining Property
in Lots,
see the Two last recited Acts.
3. All that Parcel or Neck of Land, within
Levey-Neck
Cove, and Acton's Cove, to be bought and fenced
in, at the Public Charge, for the Public Use, when
Need shall require, to be called the Town-Common; and
no Inhabitants of the Town to raise any Stock of Cattle
or Hogs, Horses or Sheep, more than they can raise
on their respective Lots. Ibid. §. 8.
4. One or more PLaces to be reserved for Ship-Building
at the Port and Town of Anne-Arundel: A Naval
Officer to reside there, and for the future to be called
ANNAPOLIS. 1695, ch. 7.
5. Anne-Arundel County Court shall for
ever hereafter,
be held and kept at the Port of Annapolis, and at
no other Place whatsoever in the said County. 1695,
ch. 2.
6. Governor Nicholson, and Seven other
Gentlemen,
were incorporated by the Name of the Commissioners
and Trustees for the Port and Town of Annapolis, and
vested with certain Powers for keeping good Rule and
Order in the Port, &c. 1696, ch. 24.
7. Annapolis to be the chief Place and
Seat of Justice
within this Province, for holding Assemblies, and
Provincial Courts: And all Writs., Pleas and Process,
returnable to the Provincial or Court of Chancery, to
be made returnable to Annapolis. 1699, ch. 19.
8. An Act directing to what Use the several Rooms
in the Stadt House shall be applied. 1697, ch. 6.
9. An Act for Re-building the Stadt House, lately
burnt. 1704, ch. 91.
10. Q. ANNE having been pleased, by her Royal
Charter, dated the 22d November 1708, to erect Annapolis
into a City and Corporation, with certain Rights,
Privileges, and Immunities therein mentioned; the
said Charter is confirmed under the following Restrictions
and Explanations, by the Act of 1708, ch. 7, §. 2.
11. The Public Lands and Buildings to remain for
ever to the Uses they have already been allotted. Ibid.
12. The Judges and Justices to continue to
hold
their Courts, as heretofore used, in the Public Court
House. Ibid.
13. The Justices, Commissioners, and Sheriffs
of
Anne Arundel County, to exercise their Jurisdiction as
usual, in the Port of Annapolis. Ibid.
14. The Bye-Laws of the Corporation to be
wholly
restrained to the Inhabitants and Residents of the City,
and not to affect any others. Ibid. §. 3.
15. No Toll (at the Two annual Fairs, on the 1st
of May and Feast of St. Michael the Arch Angel) to
be taken for any Goods brought there to be sold under
20 s. Value;--if above 20 s. and under 5 l.
Value, no
more than 6 d. Toll;--if above the Value of 5 l. no
more than 12 d. Toll to be assessed. Ibid. |