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Bacon's Laws of Maryland
Volume 75, Page 646   View pdf image (33K)
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I    N    D    E    X.
ANNAPOLIS.

    16.  The Representatives of the City of Annapolis,
to have only Half the Wages allowed to the Representatives
of Counties.  Ibid. §. 4.
    17.  The Right of the Rector's Three Lots, and
that of the Public, to the Ground in which the Prison
now stands, secured.  1718, ch. 8; and 1723, ch. 14.
    18.  Commissioners were appointed to hear and determine
all Disputes concerning either the Property or
Bounds of Lots; and their Determinations to be transmitted
into the Secretary's Office as the indisputable
Bounds, &c.  And Owners of Lands within the Survey
of the City, were to appear before the Commissioners,
and make good their Claim of Satisfaction for Lots,
possessed by any Persons not paid for, to be adjudged by
the said Commissioners, or be for ever debarred from
any future Claim thereto.  1718, ch. 19, §. 2 and 3.
    19.  The said Commissioners were also impowered,
to lay out 10 Acres of the Public Pasture into 20 Lots,
to be taken up, &c. as directed by the Act of 1694,
ch. 8; to the taking up of which Lots, no present
Possessor of Lots within the City had a Right till after
Two Years.  Ibid.  §. 4 and 5.
    20.  The Commissioners to have a Succession till the
Business was compleated, and their Proceedings to be
recorded in the Mayor's Court.  ibid.  §. 6 and 7.
    21.  Farther Time given to the Tradesmen, who
originally took up Lots in the Addition, to improve
the same.  1720, ch. 10.
    22.  The Lots or Parcels of Ground already purchased
of the Proprietors, either in the Addition or Town-Pasture,
shall be Surveyed, Numbered, &c. and returned
into the Mayor's Court Office.  The Purchasers to
have a Fee-simple Estate in such Lots, and building a
Dwelling House with 400 Foot of Flooring, besides
Garrets or Roofs, shall, for every Quarter of an Acre
so improved, enjoy all the Privileges of Inhabitants,
&c.   1725, ch. 7.
    23.  The Rector and Vestry of St. Anne's Parish,
enabled to Lease out the Church Lots.  1747, ch. 24.
    24.  Part of the Land laid for building a Custom-House,
was appropriated to the building of a Market-House
by 1728, ch. 9:  Which the Corporation were
impowered to sell, and to purchase another Piece of
Ground within the City, whereon to build a new
Market-House.  1751, ch. 21.
    See Conveyances, 12.  Public Goal, 1.  Schools, 1-10.
ANNE-ARUNDEL COUNTY.  See Annapolis, 5
    and 13.  Counties, 2.  Special Records.

APPEAL.

    1.  No Execution upon Judgment obtained in the
Provincial, or County, or other inferior Courts, shall 
be stayed, or any Appeal or Writ of Error, before the
Person suing out the same shall give sufficient Security,
in double the Sum recovered, to prosecute the same
with Effect, or pay Debt and Costs, according to the
Term prescribed in this Act.  1713, ch. 4, §. 2.
    2.  No Person shall have Appeal, &c. from the County
Court to the Provincial, where the Debt or Damages
recovered, do not amount to 6 l. Sterling, or 1200 lb
Tobacco.  Ibid.  §. 3.
    3.  Nor from the Provincial Court to the Governor
and Council, where the Recovery does not exceed 50 l.
Sterling, or 10,000 lb Tobacco.  Ibid.
    4.  The Method of Prosecuting Appeals,. and Writs
of Error, shall be as followeth:  The Appellant shall
procure a Transcript of the Proceedings, under the
Hand of the Clerk, and Seal of the Court from whence
he Appeals, &c. and cause the same to be transmitted
to the Court before whom such Appeal, &c. is to be
heard; and file such Errors in the Proceedings, or
Cause of Appeal, as he shall think fit to assign; and
the Court shall give Judgment upon such Transcript,
&c.  Ibid.  §. 4.
    5.  Appeals made in Manner aforesaid, shall be admitted
by the Superior Court, in Nature of a Writ of 
Error.  Ibid.  §. 5.

APPEAL.

    6.   On demand of an Appeal, the Clerk of the Court
shall enter a Memorandum, thereof, both in the Proceedings
and Records.  And such Clerk refusing to
make out a Transcript of the Proceedings (on request
of any Appellant) shall be liable to the Damages sustained
by the Appellant, by such Refusal or Delay,
such Party paying or securing the Clerks legal Fees.
Ibid.
    7.  Appeals, &c. brought before the Governor and
Council, may be heard out of Assembly Time.  Ibid.
§. 6.
    8.  In case the Governor be Absent, or a party in any
Appeal, &c. from the Provincial Court, the Council
and President alone may determine.  Ibid.  §. 7.
    9.  In case the Governor and President be both absent
from the Court of Appeals, the Senior Councillor,
then present, shall preside, and the Judgment of those
present shall be effectual, provided there by Five Members
of the Court present.  1729, ch. 3, §. 2.
    10.  Appeals from the Court of Chancery to the
Court of Appeals, shall be subject to the same Regulations,
&c. as Appeals from the Courts of Common
Law are.  Ibid.  §. 3.
    11.  No Appeal, &c. shall be allowed any Attorney,
from the Judgment of the County Court, when sued for
issuing Criminal Process, without Presentment of the
Grand Jury, an Order form the Governor in Council,
or Order of the County Court appearing upon Record.
1715, ch. 48, §. 2.
    12.  All Persons, against whom any Sentence or Decree
in the Prerogative Court shall be made, shall be
allowed Thirty Days more to prosecute the same before a Court
of Delegates; whose Sentence therein shall be final.
1726, ch. 9. §. 2; and 1715, ch. 39, §. 27.
    13.  Persons, thinking themselves aggrieved by any
Decree in Chancery, may appeal to the Governor in
Council:  Wherein each Member shall have a full
Voice.  1721, ch. 14, §. 3.
    14.  Appeals or Writs of Error may be continued in
the High Court of Appeals for the full Term of Two
Years, from the End of the Appearance Court, and
no longer.  1730, ch. 16.
    15.  Appeal may be had from any Vestry Proceedings
to the Governor and Council.  1702, ch. 1. §. 20.
See Vestry, 24.
        See Attorneys, 6.  Indians, 6.  Indians Lands, 18.
            Prerogative Court, 3, 4.  Small Debts, 7, 8.
            Vestry, 24.

APPEARANCE.

    Any Person, sued in the Provincial or County
Court, may come into Court in Person, and after Special
Bail give, (if so adjudged) may appear and imparle,
or confess Judgment.  1716, ch. 20, §. 2.
APPRAISEMENT.  See Administrators, 13, 25.  Fieri
    Facias, 1-5.  Guardians, 9-11.
APPRENTICES. See Orphans, 3, 10-13.  Servants,
   
20.
ARMS.  See Press-masters, 7.  Public Arms, per Tot.

ARRESTS.

    1.  No Inhabitant of this Province shall be arrested
for Debt, Damage or Cost, out of the County where
he resides, before a Non-est, on a Writ issued at the
Request of the Plaintiff, be returned.  1728, ch. 24,
§. 2.
    2.  In case of such Arrest, on a Capias ad respondendum,
the Plaintiff shall suffer a Non-suit, with Costs
and Damages.  Ibid.  §. 3.
    3.  If taken in Execution, contrary to this Act, the
Defendant shall be discharged from Imprisonment, and
have his Damages, &c. discounted out of the Judgment
obtained against him.  Ibid.
   
4.  But Persons absconding, of flying from Justice,
may be arrested in any County.  Ibid.  §. 7.
    See Attorneys, 10.  Musters, 10.  Suits at Law, 1.

B


 
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Bacon's Laws of Maryland
Volume 75, Page 646   View pdf image (33K)
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