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SMALL DEBTS.
Liberty of delivering up the principal Debtor on Return
of the Warrant, and Payment of Costs thereon.
Ibid. §. 3.
3. The Constable shall give Notice to the Plaintiff
or his Agent, if either of them reside in the Hundred,
of the Time and Place where he intends to carry the
Defendant before a Justice; and if neither the Plaintiff,
having Notice as aforesaid, nor his Agent, no
the Plaintiff or any one for him when such Plaintiff
lives out of the Hundred, with or without Notice,
shall appear on the Return of the Warrant, or at the
future Day and Place appointed by the Justice, such
Justice may hear and determine the Controversy ex
Parte. Ibid. §. 4.
4. Supersedeas may be taken on such Judgment
by
the same, or any other, Justice of the County, in the
same Manner as two Justices are directed to take the
same of any Judgments or Executions thereon rendered
in County Courts of Law. Ibid. §.
5.
5. County Courts shall not hold Plea of Debt or
Damage which shall not exceed 600 lb Tobacco, or
50 s. Currency. Ibid. §. 6.
6. The Act of 1715, ch. 12, Repealed.
Ibid. §. 7.
7. Either Party may Appeal from the Determination
of a Magistrate, where the Sum shall exceed 33 s.
4 d. or 400 lb Tobacco, to the next County Court,
which Court shall, on Petition of the Appellant, hear
the Allegations and Proofs of both Parties in a summary
Way, and determine thereon according to Equity,
&c. the same Court, without farther Delay: Unless
it shall appear to the Court, that farther Time ought to
be given the Party applying, to Equity and Right of the Cause.
Ibid. §. 8.
8. But no Execution upon Judgment of such Magistrate
shall be Stayed, &c. on Appeal, unless the
Appellant shall immediately enter into Bond, with
Sureties to be approved of by such Magistrate, in double
the Sum recovered, with Condition, to prosecute
the same with Effect according to the Directions of
this Act, and also to pay the Party, &c. in case the
Judgment shall be affirmed, together with all Costs,
&c. which shall be awarded by the Court. Ibid. §.
9.
See Constables, 11.
SMALL PROVINCIAL CHARGES.
1. For preventing the Charge
of annual Assemblies,
the Governor and Council are impowered, during the
Intervals of Assemblies, to assess the small Charges of
the Province, in the Time of Peace, by Way of equal
Public Levy upon all the Inhabitants. 1715, ch. 43,
§. 17.
2. Provided the Sums so assessed do not exceed
50,000 lb Tobacco in any one Year. And the Disbursement
of the same to be accounted for at the next
General Assembly. Ibid. §. 18.
SOLDIERS. See Militia.
SPEAKER of the LOWER HOUSE. See Delegates,
8. Letters Public, 3.
SPECIAL BAIL.
1. Special Bail to Provincial
Writs may be given,
before the Return of such Writ, in the County where
the Defendant is Arrested, before one Provincial Justice,
or before the President or any Two Justices of the
County Court, with two sufficient Freeholders, such
as the said Justice or Justices shall approve of. Which
Bail shall be delivered to the Sheriff, and by him be
returned with the Writ to the Provincial Court. 1715,
ch. 28, §. 2.
2. If Special Bail be ruled by the Provincial
Court,
on Request of the Plaintiff's Attorney at calling over
the Appearance Docket, the Party against whom the
Rule is given, if present, shall give Special Bail in
open Court; or else be remanded in Custody of the
Sheriff who arrested him, and so remain till he procure
Special Bail. Ibid. §. 3. |
SPECIAL BAIL.
3. The Recognizance of Special
Bail so taken (see
the Form in the Act at large) shall be transmitted to the
Provincial Court, together with a Warrant of Attorney
directed to some Attorney at that Court, impowering
him to enter in Appearance for the Defendant.
Ibid. §. 4.
4. The Officers shall have the same Fees, and
the Recognizance
the same Effect, as if taken in Court. Ibid.
5. The Justices taking such Bail shall receive
Five
Shillings, and no more. Ibid.
6. The Provincial Justices shall make such Rules
for justifying such Bail, as they think meet, so as not
to compel personal Appearance of the Cognizors.
Ibid. §. 5.
7. The Justices who take Special Bail, may examine
the Sureties upon Oath, for their better Satisfaction.
Ibid. §. 6
8. One or more County Justices may take Special
Bail on Actions brought in the County Court, according
to the same Rules, and the Fee to such Justice,
shall be 2 s. 6 d. and no more. Ibid. §.
7.
9. County Courts are vested with the like Power of
receiving such Bail; as the provincial Court, and shall
act therein by the same Rules. Ibid.
10. In Actions of Trover and Conversion, and of
Detinue, the Justices of the Court (on Affidavit of
the Plaintiff, or other Evidences to their Satisfaction)
may award Special Bail against the Defendant: And,
for Default of such Bail, may commit him till he put
in such Bail as is usual in other Cases. 1753, ch. 17.
See Appearance, 1. Small Debts, 2.
Witnesses, 5.
SPECIAL RECORDS of Anne-Arundel County.
The Five Books of Records of the Commissioners,
appointed by the Act of 1705, ch. 1, and the several
Judgments, Deeds, and Proceedings in them entered,
shall be good and effectual in Law, to all Intents and
Purposes, as Records, notwithstanding they are not
Signed by Three or more of the Commissioners, according
to the Original Act. 1751, ch. 15.
SPECIALTIES.
1. All Bills, Bonds, or other
Specialties; taken by
any Practitioners of the Law, or County Clerk, shall
be endorsed for what or how it became due; or, in
Default of such Endorsement, shall be void. 1715,
ch. 48, §. 9.
2. No Bill, Bond, Judgment, Recognizance, Statute
Merchant, or of the Staple, or other Specialty
(except to the Use of his Majesty, his Heirs and Successors)
shall be good and pleadable after the principal
Debtor and Creditor have both been Dead Twelve
Years; or the Debt or Thing in Action above Twelve
Years standing. Saving to Persons under the Impediments
of Infancy, Coverture, Insanity of Mind, Imprisonment,
or being beyond Sea, the full Benefit of all
such Bills, &c. for Five Years after such Impediment
removed. 1715, ch. 23, §. 6.
See Attorneys, 8. Bills of Exchange,
4. Limitation
of Actions, 6.
SPEEDY RECOVERY.
The Plaintiff desiring speedy Recovery
in the County
Court of any Debt, being above 400 and not exceed
10,000 lb Tobacco, or above 33 s. and 4 d. and
not above 50 l. Sterling, shall, on suing out his Writ,
file his Declaration with the County Clerk, who shall
deliver a Copy thereof with the Writ to the Sheriff,
to be served on the Defendant: Which if done Eight
Days before the Return of the Writ, the Defendant
shall be obliged to go to Trial, the same Court, without
any Imparlance. And in Case of the Defendant:
refusing to plead, the Court may give Judgment against
him; except in extraordinary Cases, at the Discretion
of the Justices. 1715, ch. 41, §. 3.
See Advancement of Justice, 3. Small
Debts, per
Tot.
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