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Bacon's Laws of Maryland
Volume 75, Page 662   View pdf image (33K)
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I    N    D    E    X.


FEES.

    9.  No Officers or their Clerks, &c. in this Act mentioned,
shall charge other or larger Fees than by this
Act is limited, &c. without Consent of the General
Assembly,. on Forfeiture to the Party, not only of the
Fees so charged or taken, but also 5000 lb Tobacco;
to be recovered in any Court of Record, by Action of
Debt, &c.  And in Case the party grieved do not prosecute
the Offender within Six Months, then any
other Person may prosecute for the same.  Ibid.  §. 109.
    10.  All Officers in this Act mentioned, shall take
an Oath, that they will faithfully and impartially execute
their several Offices, and charge no other, &c.
Fees than are in this Act mentioned, &c. which Oath
shall be taken prior to their receiving any profits of
such Offices.  Ibid.  §. 110.  And all their Under
Clerks and Deputies shall (under Penalty of 5000 lb
Tobacco for every Refusal or Neglect) take the Oath
in this Section prescribed.  Which several Oaths shall
be returned by the Magistrate before whom taken, to
the Provincial or County Offices, as the Case shall
require, and there recorded.  Ibid. §. 111.
    11.  Accounts of Fees shall be drawn out fair, in
Words at length.  And Persons charged therewith 
shall have a Copy of such Accounts in as short a Time
as may be convenient.  Ibid.
    12.  All Persons entitled to Fees under this Act, shall
set up a table thereof in the most public Place of their 
Offices.  Ibid.
    13.  No Officers shall send out their Fees upon Execution
but once in every Year, between the 1st December
and 10th January:  Nor shall the Parties charged be liable
to Execution, unless their Accounts be delivered
them by the last Day of February.  Ibid.  §. 112.
    For other Particulars, see Acts of Assembly, 2, 6.
        Advancement of Justice, 4. Agents, 2.  Attorneys,
        5, 6, 7, 11, 12.  Bills of Exchange, 2.
        Bonds, 2, 4.  Collectors, 1, 2.  Constables, 8,
        11.  Conveyances, 5.  Criminal Fees, per Tot.
        Deputy-Commissary, 3, 4, 9-12.  Flour, &c.
        1, 5.  Musters, 7, 9.  Naturalization Bills, 1.
        Naval Officers, 5, 6.  Officers Fees, per Tot.
        Passes, 2.  Process Civil, 1.  Public Arms, 9.
        Runaways, 2, 9, 10.  Servants, 21.  Standard,
        3, 4.  Stay of Execution, 5.  Special Bail, 4, 5, 8.
        Surveyors,
2.  Vestry, 14, 16, 24.  Witnesses,
       
9, 10.
FELONY.  See Advancement of Justice, 2.  Hog-stealing,
   
1, 2.  Servants, 17.  Thieving, per Tot.
        Tobacco Inspected,
6.
FELONY, without Benefit of Clergy.  See Blasphemy,
   
3.  Boats, 1, 2.  Horse-Stealers, 1.  House-breaking,
   
2, 3.  Negroes, 35, 37, 38.  Tobacco-Houses,
   
1.

FEMME COVERT.

    1.  Not bound by the Act of Limitation during Coverture.
1715, ch. 23, §. 3 and 6.
    2.  Her Acknowledgment of Deeds, how to be taken.
See Administration Bonds, 3.  Bankrupts, 5.  Conveyances,
10, 13.  Specialties, 2.

FENCES.

    All Inclosures by Fences, or otherwise, shall be Five
Feet high.  1715, ch. 31, §. 1.  See Horses, 1.

FIERI FACIAS.

    1.  If, on a Writ of Fieri Facias, the Defendant
will (upon Oath) shew all his Personal Estate, when
required; or, if an Executor or Administrator will
shew all the personal Estate of the deceased, so that
such part may be levied as the Plaintiff or his Attorney
shall direct; the Sheriff shall cause the Goods to be
appraised, within Three Days, by Four Freeholders of
the County who are not of Kin, not Debtor or Creditor
to, either Party, Two of them to be named by the
Plaintiff, and Two by the Defendant.  1716, ch. 16,
§. 2.

FIERI FACIAS

    2.  The Sheriff shall thereupon give Notice to the
Creditor, or his Attorney, of the Value of the Goods;
and shall deliver so much thereof (according to the Appraisement)
as will amount to the Debt and Costs, to
the Plaintiff or his Attorney, in Discharge thereof:
And the Creditor shall be obliged to accept of the same,
at the appraised Value, for so much of the Debt and
Cost as such Goods will amount to.  Ibid.
   
3.  If the Creditor refuse such Acceptance, the Sheriff
may retain the Goods in his own Hands, for
the use and at the Risque of the Creditor, who shall
pay the Sheriff all his Costs and Charges in keeping
and securing the same:  And shall have no other Action
against the Sheriff than for the Goods so taken, &c.
And the Sheriff shall give a full Discharge to the
Debtor for the Amount of the appraised Value; which
shall be a perpetual Bar against such Creditor, for so
much as the Goods by Appraisement shall amount to.
Ibid.
    4.  Where either Plaintiff or Defendant are Non-Residents
within the County, or shall not be present
(on Notice given) at the Time and Place of Appraisement,
the Sheriff may appoint Two legal Appraisers in
Behalf of the absent Party.  Ibid.  §. 3.
    5.  If both be Non-Residents, or not present, then
the Sheriff, on Behalf of both Parties, may chuse Four
Appraisers, qualified as aforesaid.  Ibid.
   
6.  This Act shall not impower any Sheriff to seize,
by Fieri facias, any Slave, PLate, or Jewels, in the
Hands of any Executor, &c. reserved in Favour of
Orphans by the Act of 1715, ch. 39; but the Sheriff
shall be obliged to follow the Directions of that Act
touching the same.  Ibid.  §. 4.
    See Administration Bonds, 2.  Small Debts, 1.

FINES and FORFEITURES.

    1.  All Fines, Forfeitures, and Penalties, which by
former Provincial Laws are made payable to or recoverable
by the King, shall henceforward be payable to
the Lord Proprietary, and recoverable by him in his
own Name, to the Uses in those Laws expressed.
1716, ch. 3, §. 2.
    2.  Where such Fines are appropriated to the Support
of Government, his Lordship's Government of this
Province shall be thereby understood, and no other.
Ibid.  §. 3.
    3.  FINES, &c. where the whole is given to his
Lordship, or appropriated to the Support of Government.
        Persons summoned as Witnesses to the Provincial
    Court, and not appearing, forfeit 1000 lb Tobacco;
    and in a County Court 500 lb Tobacco.  See

    Witnesses, 3, 4.
        Sheriffs neglecting to summon Jurymen, shall be
    fined,----in the Provincial Court, 1000 lb Tobacco;    
    ----in the County Court, 500 lb Tobacco.  See
    Jurors, 1, 2.
        Clerk of the Provincial Court neglecting to lay a
    List of Petit Jurors, their Days of Attendance, &c.
    before the Committee for laying the public Levy,
    yearly, forfeits 6000 lb Tobacco.  See Ibid.  7.
        Owners neglecting or refusing to bring such Servants,
    of whom they claim more than Five Years
    Servitude, into Court, to have their Ages adjudged

    and recorded, forfeit 1000 lb Tobacco.  See Servants,
    9.

        County Clerk neglecting to give the Attorney-General
    Notice of any former Conviction of a Criminal,
    forfeits 500 lb Tobacco.  See Thieving 6.
        Jurors summoned, and not appearing at the Provincial
    Court, forfeit 1000 lb Tobacco; if in the
    County Court, they forfeit 500 lb Tobacco.  See
    Jurors, 3.
        Ministers, Priests, or Magistrates, joining any
    Persons together in Marriage, contrary to the Table
    of Marriages, forfeit 5000 lb Tobacco.  And Lay-Magistrates
    marrying any Persons in any Parish

F


 

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Bacon's Laws of Maryland
Volume 75, Page 662   View pdf image (33K)
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