CONSTABLES.
Informer, the other Half to the County School. 1719,
ch. 12, §. 1.
8. Constables shall obey and execute all Warrants,
&c. to them directed, from any Justice or Justices within
this Province, touching any Matter between Party
and Party; and shall have 2 s. 6 d. or 30 lb Tobacco
Fee for Serving all the Precepts relating to any One
Action or Demand. 1715, ch. 15, §. 6.
9. Where several Constables are employed in executing
Precepts relating to One Matter, the Justices
may direct what Fee, not exceeding 2 s. 6 d. &c.
shall
be paid to each. Ibid. §. 7.
10. Constables Fees are leviable by Execution
on
the Complainant, and shall be allowed to the Party recovering,
in his Costs. Ibid.
11. All Warrants for small Debts shall be
directed
to some Constable of a hundred, unless at the Request
of the Suitor, it be directed to some Friend, who will
serve it gratis; in which Case the Suitor shall, nevertheless,
be liable to pay the Constable of the Hundred,
where served, his just Fee. 1719, ch. 12, §.
4.
See Cursing, &c. per Tot. Indians,
10, 11. Jurors,
4. Militia, 2.
Negroes, 22-26. Quakers,
6. Small Debts,
1-3. Taxables, 3-7.
Tobacco Run, 4, 7, 8.
CONTINUANCE of ACTIONS.
1. All Actions brought in any
Courts of Law, within
this Province, may be continued to the End of the
Fourth Court after the Appearance Court, and no
longer. Except in Cases where Evidence is wanting
from beyond Sea, which Case is left to the Discretion
of the Court. 1721, ch. 14, §. 1.
2. The Courts, on Discontinuance of any such Action,
may, if by the Act of the Plaintiff, award him
to pay the Costs: If, through Default of the Defendant,
give Judgment for the Plaintiff: If, through
Default of any Attorney neglecting to bring the Cause
to Decision within the Time herein limited, such Attorney,
so neglecting, to the Prejudice of his Client,
shall forfeit, for every Neglect, in the Provincial Court,
5000 lb Tobacco; in the County Court, 2000 lb Tobacco,
and all Costs if Suit accruing by such Default:
One Half of such Fines to the Party grieved, the other
Half to the County School. Ibid.
3. But the Continuance of such Suits by Injunction
in Chancery, or the Allowance of Parole Demur to
Infants shall not be within this Limitation. Ibid.
4. Too short a Time being allowed in the High
Court of Appeals, by the above Act, 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.
CONTRACT SIMPLE. See Limitation of Actions, 1.
CONVEYANCES.
1. All Sales, Gifts and Grants,
at any Time before
the 13th April 1674, made by Writing, with or without
Seal, shall be good in law, notwithstanding Error
in Form. And also all such Sales, &c. where the
Writings are lost, &c. where either the Sale, Gift,
Grant or Payment, can be proved by Witnesses.
1671, ch. 6. 1694, ch. 11; and 1715, ch. 47,
§. 1, 2.
2. Sales and Grants of Lands, Tenements, &c.
made by Deed indented and enrolled since the 13th April
1674, or that shall hereafter be so made and enrolled,
shall be good in law, without Livery or Seizin.
1715, ch. 47, §. 3.
3. All Conveyances made and enrolled under the
several
Acts of 1674, ch. 2; 1692, ch. 30; and 1699,
ch. 42, during their respective Continuances, are confirmed;
but declared void, if not enrolled. Ibid. §.
4,
5, 6.
4. No Manors, Lands, Tenements, or Hereditaments
whatsoever, within this Province, shall pass, &c.
from one to another, nor any Estate for above Seven |
CONVEYANCES.
Years, except the Deed or Conveyance thereof be
made by Writing Indented and Sealed, and acknowledged
in the Provincial Court, or before One Provincial
Justice; or in the County Court, or before Two
County Magistrates, within Six Months from the Date
of the Deed. Ibid. §. 7.
5. The Party taking such Acknowledgment shall
have 1 s. Fee. Ibid.
6. The Clerk, upon Receipt of the Deed, shall
endorse
the Time of his receiving the same, upon the
Back thereof; and shall enroll the same, and alphabet
the Names of both Parties, and endorse the Enrollment
and Folio on the Back of the Deed, and sign such Indorsement.
Ibid.
7. Where a Grantor lives remote from the Provincial
Court, or the County Court where the Land lieth,
an Acknowledgment of the same in the County where
he liveth, and Certificate thereof under the Clerk's
Hand and County Seal shall be a sufficient Warrant
to the Clerk of the County where the Land lieth to
enroll the same. Ibid. §. 8.
8. If the Grantor, at the Time of ensealing such
Writing indented, be out of the Province, within any
of his Majesty's Dominions, the Deed may be acknowledged
by a Letter or Attorney well and sufficiently
proved, either in the Provincial or County Courts, &c.
and be enrolled as aforesaid. Ibid.
9. Every such Writing indented (to be acknowledged
and enrolled as aforesaid) shall take Effect from the
Day of Enrollment, and not from the Day of its Date.
And shall be construed more favourably for the Grantee,
and more strongly for barring the Grantor, according
to the apparent Intention of the Parties, tho' not
so firmly drawn, &c. Ibid. §. 9.
10. No Femme Covert,
named as a Grantor in any
such Writing, shall be barred thereby either of Estate
or Dower; except upon her Acknowledgment of the
same: And the Person taking her Acknowledgment
examining her privately, out of Hearing of her Husband,
Whether she makes the same willingly and freely,
without being induced thereto by Fear or Threats of
ill Usage by her Husband, or Fear of his Displeasure?
and certifying the same; and such Certificate to be likewise
enrolled upon Record. Which Acknowledgment
shall bar her of Dower tho' not named in the Deed.
Ibid. §. 10.
11. All Acknowledgments of Deeds and Conveyances
made under former Acts, before One Provincial
Justice, or before One or Two of the Council, and enrolled
according to the Directions of those Acts, are
hereby confirmed. Ibid. §. 11.
12. All Probats of Deeds and other Matters, made
either in the Mayor's Court, or before Two Magistrates
of the City of Annapolis; and all Deeds of Lands
within the Precincts of the said City, in like Manner
acknowledged, shall be good in Law as if made or
acknowledged before One Provincial or Two County
Justices. 1725, ch. 8.
13. The Acknowledgment and Examination of any
Femme Covert who resides out of the Province, taken
before the Mayor of any Corporation in Great-Britain,
or Ireland, or before One Justice of the Supreme Court
of any Province or Colony within his Majesty's Dominions,
and certified by Indorsement upon such Deed,
under the Hand of such Magistrate, and Seal of the
Corporation or Colony respectively, shall be good in
Law to bar such Femme Covert of her Right of Inheritance
or Dower as the Case may be. 1752, ch. 8, §.
2.
CONVICTS.
1. Every Master of a Ship importing
any Convict
Servants, shall bring an authentic Testimonial of the
Offences whereof they are convicted, and of the Number
of Years they are to serve, on Pain of forfeiting
5 l. Current Money for every such Felon; One Half
to
the Use of the County, the other to the Informer.
1728, ch. 23, §. 5. |