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Bacon's Laws of Maryland
Volume 75, Page 658   View pdf image (33K)
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I    N    D    E    X.

 
COURT-HOUSES.

of any One Court-House,  If more is adjudged
necessary, they shall not Levy the same without
Leave of the General Assembly.  1748, ch. 20, §. 3.
COURT-HOUSE DOOR.  See Marriage, 5.  Passes,
   
1.  Stray-Horses, 2.
COURT of APPEALS.  See Appeal, 10.  Continuance
    of Actions,
4.

COURT of DELEGATES.

    An Appeal from the Prerogative Court shall be
made in Thirty Days after the Sentence; and prosecuted

in Thirty Days more before the Court of Delegates;
whose Sentence therein shall be final.  1715,
ch. 39, §. 27; and 1726, ch. 9, §. 2.
COURTS at LAW.  See Advancement of Justice, 1.
    Attorneys,
2, 3.  Continuance of Actions, 1, 2.  Magistrates,
   
1, 2, 4.
CREDITORS, not to be prejudiced by the setting
    Free of Slaves.  See Manumission of Slaves, 4.

CRIMINAL FEES.

    1.  No Sheriff, Jaylor, Clerk, or other Officer, shall
charge either the County or the Public, with any Fees
for Criminals committed to their Charge, being capable
to pay the same by their Effects or Servitude:
But such Criminals, being discharged by due Course of
Law, shall pay their own Fees.  1715, ch. 26, §. 7.
    2.  But Fees due from Malefactors that are executed,

or banished persons, who have no Estates in the Province,
shall be paid by the County.  Ibid.  §. 8.
    3.  All Fees due on the Prosecution of any imported
Servants, at the Suit of the Lord Proprietor, shall be
paid by the Owners of such Servants, and not by the
Public or County.  1727, ch. 2, §. 2.
    4.  And the Owners, (unless in case of Conviction
and Execution for capital Offences) shall have Recompence
for such Fees by such Servitude of the Servants,
not exceeding Three Years, as shall be thought reasonable
by the County Court; unless the Servant can
make Payment otherwise.  Ibid.  §. 3.
CRIMINALS.  See Speedy Trial.
CROPPING.  See Coins, 1.  Negroes, 27, 40, 43.
    Records, 14.
CROP-TOBACCOES.  See Inspectors, 24-27.
CROWS.  See Squirrels.


CURSING, SWEARING and DRUNKENNESS.

    1.  Every Person profanely Cursing or Swearing, in
Presence or Hearing of any Magistrate, Minister,
Commissary-General, Secretary, Sheriff, Coroner,
Provincial or County Clerk, Vestry-man, Church-warden
or Constable; or being thereof convict before
any Magistrate, shall be fined, for the first Oath or
Curse, 2 s.  6 d. current Money; and for every Oath
or Curse, after the first, 5 s. to the Use of the County.
1723, ch. 16, §. 2.
    2.  Persons, Drunk in Presence of any of the Persons
aforesaid, or thereof convict, shall be fined 5 s. for
every Offence.  Ibid.  §. 3.
    3.  If the said Fines be not immediately paid on
Conviction, the Magistrate, or other Officer aforesaid,

shall order the Offender (not being a Freeholder or
other reputable Person) to be Whipped or put in the
Stocks, (but no Offender shall receive more than 39
Lashes, or be kept in the Stocks above Three Hours,

upon any One Conviction) and may appoint any Person
not being legally exempted, as a Constable, to
punish the Offender; which Person refusing to act shall
forfeit 10 s. Currency.  Ibid.  §. 4 and 5.
    4.  All such Convictions of Freeholders, or other
reputable Persons, not having Money to pay the Fines,
shall be certified by the Magistrate or other Officer, to
the County Clerk; who shall make out Lists thereof,
with the County Levy, to the Sheriff, under the County
Seal, who shall levy the same by way of Execution,
in the same Manner as public Dues.  Ibid.  §.4. 

CURSING, SWEARING and DRUNKENNESS.

    5.  Every Magistrate, or other Officer, appointed to
put this Act in Execution, being themselves guilty of
Cursing, Swearing, or Drunkenness, or omitting to
punish others according to Law, shall, on Conviction
before any other Magistrate, or Officer above-mentioned,
forfeit 10 s.  current Money, to be levied and applied
as aforesaid.  Ibid.  §. 6.
    6.  Every Offender reviling any Magistrate or other
Officer in the Execution of this Act, shall give Security
in the Sum of 5 l. Currency for his good Behaviour
for Three Months, or suffer One Month's Imprisonment
without Bail.  Ibid.  §. 7.
    7.  Any Magistrate or other Person, assaulted or
beaten in the Execution of this Act, on bringing an
Action of Assault, &c. shall recover treble Damages
and full Costs.  Ibid.  §. 8.
    8.  Persons sued for any Thing done in Execution of
this Act, may plead the General Issue; and on Verdict
in their Favour, or Non-suit of the Plaintiff, shall
have treble Costs.  Ibid.  §. 9.
    9.  Prosecutions and Informations for Cursing, Swearing,
Drunkenness, and Omission to punish the same,
shall be made within Ten Days after the Fact, and
not afterwards.  Ibid.  §. 13.

 

D.

DAMAGES.

    1. THE Justices of any Court of Record may assess
Damages, and give final Judgment in all Actions
of the Case upon Assumpsit, nor shall such Judgment
be reversed for want of speeding a Writ of
Enquiry.  1722, ch. 6, §. 1.
    2.  But if either Party shall, the same Court, pray a
Writ of Enquiry, it shall issue.  Ibid.  §. 2.
    3.  If the Plaintiff inlist on such Writ, and refuse
Judgment for what the Defendant shall confess, he
shall be at the Charge of such Writ, if the Jury assess
no more Damages than the Defendant so confessed.
Ibid.
    See Appeal,
6.  Arrests, 2, 3.  Bills of Exchange,
       
3, 5.  Horses, 4.  Indians Lands, 16.  Inspectors,
       
13.  Perjury, 3.  Process Criminal, 2.  Servants,
       
6, 18.  Tobacco Plants, 1.
DAMAGES TREBLE.  See Cursing, &c. 7.  Guardians,
   
25.  Servants, 20.
DAYS for holding County Courts.  See County
    Courts
, 1.
DAYS for holding Vestries.  See Vestry, 18, 22.
DEAD TREES.  See Highways, 11.
DEALING with Servants.  See Servants, 5, 6.
DEBENTURE.  See Drawback.
DEBTOR.  See Passes, 3-5.

DEBTS.

    1. Debts upon Account, how to be proved.  See
Accounts.
    2.  ----Upon Assumption, or Bill or Bond under
Hand and Seal, how Discount may be pleaded in Bar
See Discount in Bar.
    3.  ----Contracted within the Province, by Bankrupts 
in England, how to be secured.  See Bankrupts.
    4.  Foreign Debts, what shall be allowed as Evidence 
therein.  See Foreign Debts.
    5.  What Debts shall be demanded before Suit commenced
See Demand of Debts.
  6.  For speedy Recovery of Debts--in the Provincial
Court, see Advancement of Justice, 3.--In the County
Court, see Speedy Recovery, 1.--Of Small Debts, see
Small Debts, 1.
    See also Limitation of Actions, 1.  Lord Proprietary,
       
2.  Sailors, 1.
DEBTS DESPERATE.  See Guardians, 14.
DECLARATION how to be served along with a
    Writ, in Order to bring on speedy Trial.  See Advancement
    of Justice,
3.  Speedy Recovery, 1.

E


 
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Bacon's Laws of Maryland
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