BOATS.
3. Persons discovering, taking up and
securing, any
Flat, Boat, or other Vessel, drove from any Place of
Mooring, Landing, Harbour, &c. shall, within Ten
Days, give Notice thereof to some Magistrate of the
County, who shall deliver the Party and Advertisement
describing the Built and Marks of such Flat, &c. and
the Name of the Person so discovering, &c. and the
Place of his Abode: Copies whereof such Party shall
cause to be set up in the most public Places in the County,
within Ten Days, and procure the same to be inserted
in the MARYLAND GAZETTE, within Thirty
Days after the Date thereof; and deliver the same to the
Owner, (proving Property before a Magistrate) on
Payment of reasonable Costs and Charges for the same.
1753, ch. 10, §. 2.
4. Persons taking up such Flat, &c. and not
performing
what is by this Act required, shall forfeit and
pay to the owner 50 Shillings Currency, to be recovered
in a summary Way before a single Magistrate.
Ibid. §. 3.
5. But, if such Flat, &c. be taken up ion
the Eastern
Shore, in the Winter Season, so that by Reason of
Ice no Intercourse may be had with the City of Annapolis,
then may the Person taking up the same, cause
within Thirty Days after such Obstruction removed.
Ibid. §.4.
BOATSWAIN. See Tobacco Inspected, 3.
BODIES POLITIC. See Annapolis, 10. Schools, 2,
18-20. Vestries.
BONDS.
1. The Oath of One or more subscribing
Witnesses
to any Bill or Bond, made before One Provincial or
County Magistrate, or any other legal Evidence, shall
be Evidence to prove the Debts in the Provincial and
County Courts. But the Defendant, if he thinks fit,
may traverse such Proof. 1729, ch. 20, §7
and 8.
2. No Attorney shall charge more than One Fee,
on
any Bond whatsoever, although there be One or more
Sureties thereto, for suing or bringing the same to
Judgment, or for Defence thereof, rating the Fees from
the real Balance due, and not from the Sum mentioned
in the Condition. 1747, ch. 23, §. 7.
3. No County-Clerk shall issue more than One Writ
or Declaration on such Bonds, where the Principal and
Sureties reside in the same County; but, in such Case,
which shall not abate during the Life of any of the
Defendants. And the Clerk's Fees shall be charged
accordingly. Ibid. §. 8.
4. But where the Principal and Sureties live in
different
Counties, separate Process may issue thereupon
out of the Provincial Court. But where any Two
Parties to such Bond reside in the same County, One
Writ only shall issue to such County, including both
the Defendant's Names, and the Fees thereon, shall
be chargeable as One Suit only. Ibid. §.
9.
5. This Act shall not extend to any Action or
Suit
where the Plaintiff shall direct his Attorneys to commence
several Actions; or where a Titling shall be
sent to the Office for suing of several Writs to the same
Bond. Ibid. §. 10.
See Administration Bonds, per Tot. Administrators,
16-19. Advancement of
Justice, 5-9.
Attachment, 10.
Attorneys, 8, 12. Bankrupts,
3-5. Bills of Exchange,
1. Discount in Bar,
1, 2. Foreign Debts,
2. Judgment Bonds, 1.
Limitation of Actions, 6.
Sailors, 1. Suits at
Law, 2-4. Tobacco-Debts,
3-6. Usury, 2.
BOOK-DEBTS;
1. ----Shall be Demanded before
put in Suit. See
Demand of Debts.
2. ----Shall be Proved. See Accounts.
See also Attachment, 11. Limitation
of Actions, 1.
Tobacco-Debts, 2. |
BOOTY. See Militia, 9.
BOUNDARIES of LAND.
1. No Person shall , on any Pretence
whatsoever,
cut down or destroy any Boundary-Tree, either of his
own or any other Person's Land, even although such
Boundary Tree should stand within his own Land, on
Penalty of 5000 lb Tobacco for every Offence; One
Half to the Informer, the other Half to the Free School
of the County. 1722, ch. 8, §. 2.
2. Any Person presuming, without lawful Authority,
to bound any Tree, or to set up other Boundaries, for
his own or others Lands, in Lieu of any original decayed
Boundary, without giving Notice to all Persons
concerned therein, of the Time and Place proposed
for setting up such Boundary: Or who (upon their not
appearing on such Notice) shall not take with him
Four substantial Neighbouring Free-holders to be present
thereat, shall forfeit on every Conviction, 5000 lb
Tobacco to the Uses aforesaid. Ibid. §. 3.
3. In all such Prosecutions, the Attorney-General,
&c. shall be as particular as possible in describing
the PLace, or Lands affected by the setting up or destroying
such Boundaries. Ibid. §. 4.
4. On Petition of any Land-holder for a Commission
to examine Evidences to prove the Bounds of his
Land, or other Lands wherein the same may depend,
&c. the County Court may grant a Commission to
Four substantial Free-holders in the County, no way
related tot eh parties, nor interested in the Land; any
Three or Two of which (being first sworn duly and
impartially to examine and certify such Evidences)
may summon all such Evidences as shall be nominated
by the Petitioner or others concerned, to appear before
them at a Day appointed, upon the Land; and shall
examine all such Evidences upon Oath, concerning
the Bounds thereof, and reduce such Evidences into
Writing, in Presence of all the parties concerned who
shall be present; and return the same to the County
Court, to be recorded in perpetual Memory, &c.
1723, ch. 8, §. 2.
5. All Examinations so taken, shall be good as
if taken
according to the Rules and Practice in Chancery;
any Defect in Form, &c. notwithstanding. Ibid.
§. 3.
6. The Commissioners so appointed, shall affix
public
Notice, at the Parish Church where the Land lies,
intimating the Time and Intention of their Meeting,
Three Sundays at least before such Meeting: And the
like Notice shall be put up at the most public Places
of the County, Twenty Days before such Meeting.
Ibid. §. 4.
7. Where any Person known to be interested, lives
out of the County, a like Note shall be fixed upon the
Church Door of the Parish wherein such Party resides,
Forty Days before such Meeting. Ibid.
8. The Commissioners shall return Certificate
of
such Notice having been given, together with the Examination
of the Witnesses. Ibid.
9. The Commissioners and Evidences shall have
the
same Allowance, as Justices and Evidences in the
County Courts; to be levied in the same Manner as
Officers FEes. Ibid. §. 6.
BOUNDS. See Counties. Parish Bounds.
BRANDING. See Blasphemy, 2. Coins, 1.
Negroes,
43. Thieving, 6.
BRANDY. See Liquors Imported.
BREAD. See Flour.
BREAKING open of Shops, Stores, &c. See House-Breaking.
BRIDGES.
1. Good substantial Bridges shall
be made in Public
Roads, over all Heads of Rivers, Creeks, Branches,
and Swamps, where Need shall require, at the Discretion
of the County Courts. 1704, ch. 21, §. 2.
2. Overseers of the Roads are impowered to cut
down any Trees on the adjacent Lands, and apply the
same for making and repairing of Bridges over
C.
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