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Bacon's Laws of Maryland
Volume 75, Page 708   View pdf image (33K)
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I    N    D    E    X.

 
STAY of EXECUTION.

Advantage of Stay of Execution, pursuant to the Act
of 1715, ch. 33, as if particularly mentioned therein.
1721, ch. 4, §. 2.
    5.  The Justices before whom Judgments for the 
Stay of Execution shall be confessed, shall make due
Return thereof to the Clerks of the respective Courts,
where such Judgments or Decrees were obtained, to be
by them entered upon Record.  And those confessed
for Small Debts, recovered before a single Magistrate,
shall be returned to the County Clerk, to be by him
entered upon Record.  For which entry, the several
Clerks shall have 5 lb Tobacco Fee, and no more.
Ibid.  And 1715, ch. 33, §. 4.
    6.  Which several Clerks, after the 10th November,
yearly, (but see Art. 7,) shall, on Application, &c. issue
Execution, as well against the Principal as Sureties,
for Recovery of the Sums mentioned in the Supersedeas,
without Scire facias, or other Delay.  1715, ch. 33,
§. 4; and 1721, ch. 4, §. 3.
    7.  The Time in the above recited Acts of 1715,
ch. 33, and 1721, ch. 4, shall hereafter be changed
from the 10th November, to the 10th February; and the
Words (on the 10th November next) in the Confession,
shall be changed to these Words (on the 10th February
next.)  And it shall not be lawful for any Person to
sue out any Judgment so superseded, ,till after the 10th
February, next ensuing.  1728, ch. 24, §. 4-6.
    8.  Where any Execution shall be issued against the
Body and Goods of any Inhabitant of this Province,
before the 10th May, in any Year, and such Person
shall not be taken by virtue of such Execution, till after
the 10th May, such Person, whose Body or Goods
shall be so taken, may supersede in the same Manner as
if such Execution had issued after the 10th May, in any

Year.  1732, ch. 22.
    See Injunctions, 1, 2.  Small Debts, 4, 8.
STEALING.  See Horse-stealing.  Negroes, 21.  Thieving.
STEALING of SLAVES.  See Negroes, 35.
STEELYARDS.  See Standard.
STOCKS.  See Cursing, &c. 3.  Magistrates, 2.
    Single Magistrate,
1.
STORE-HOUSES.  See House-breaking, 2.

STRAY HORSES.

    1.  Any Horse, Mare, or Gelding, that shall Break
into any Inclosure, and the Owner not known, may
be taken up and carried by the party grieved before a
Magistrate; who shall take an Account of the Marks,
both Natural and Artificial, of such Beast:  Which the
said Party shall set up in the most Public Places of the
County.  (But see the following Art.)  And then may
Use and Employ such Horse, &c. not injuring the
same by Careless or Wilful Means, till the Owner be
known:  And shall deliver such Beast in good Order to
the Owner, proving his Property by One Witness, before
any Magistrate.  1715, ch. 31, §. 4.
    2.  The Party grieved, who shall take up any Trespassing
Horse, &c. shall set up the Account of the
Marks, taken as above by a Magistrate, at the Court-house
Door, and other Public Places in the County,

within Five Days, and cause the Marks to be recorded
among the County Records:  And shall cause the
same to published in the MARYLAND GAZETTE,
within 6 Months after such Account taken.  And the
Expences paid by the Owner of such Horse, &c. at the
Time of receiving the same.  1750, ch. 25, §. 2.
    3.  Persons taking up such Horses, &c. and acting
contrary to this act, shall forfeit 30 l. Currency for
every Offence:  One Half to the Informer, the other
Half to the Party grieved; to be recovered in the
County Court, by action of Debt, &c.  Ibid.  §. 4.
SUBORNATION.  See Perjury.

SUITS at LAW.

    1.  No Suit shall be brought against a Debtor in any
other than the County Court where he resides, when
the original Debt or Damage doth not exceed 20 l.

SUITS at LAW.

Sterling, or 5000 lb Tobacco, on Penalty of a Non-suit,
and paying the Defendant's Charges.  1714, ch. 4,
§. 2.
    2.  The Penalty of any Bond, or Writing Obligatory,
shall not entitle the Plaintiff to Sue in any other
than the County Court, unless the real Sum in the
Condition amount to 20 l. Sterling or 5000 lb Tobacco.
Ibid.  §. 3.
    3.  But Actions may be brought in the Provincial
Court on Covenants, though the real Damage or Sum
recovered, may not amount to 20 l. Sterling, or 5000 lb
Tobacco, so as the Penalty of such Covenant Bond
exceed that Value. Ibid.  §. 4.
    4.  Except Bonds for Payment of Bills of Exchange,
which shall not be sued in any other than the County
Court, unless the Sum due on such Bill of Exchange,
amount to 20 l. Sterling.  Ibid.
    5.  This Act shall not extend to the Benefit of Persons
absconding, or flying from Justice in the County
where they live; nut such may be arrested in any
County. Ibid.  §. 8.
    See Arrests.
SUMMARY PROCEEDINGS. See Servants, 16,
   
25.  Small Debts, 7.
SUNDAY.  See Sabbath-breaking.
SUPERSEDEAS.  See Stay of Execution.

SUPPORT OF GOVERNMENT.

    1.  One Shilling Sterling per Hogshead, for all Tobaccoes
shipped for Exportation within this Province,
shall be paid to her Majesty, her Heirs and Successors,
for the Support of Government.  1704, ch. 42, §. 2.
    2.  The said Duty shall be paid by every Master of 
any Ship or Vessel, in which Tobacco shall be Exported,
before Clearance and Departure of the Ship. Ibid.
§. 3.
    3.  Such Masters, at their first Arrival, and before
taking any Goods on Board, shall give Security for the
Payment of the said Duty.  Ibid.
    4.  Masters of Ships, &c. at the Time of Clearing
out, shall declare, upon Oath, (to be administered by
the Naval Officer) the Quality and Quantity of his
Lading.  And, on Refusal of such Oath, or Suspicion
of Fraud, the Naval Officer may enter on Board, and
Search, &c.  Ibid.  §. 5.

    See Lord Proprietary, 4.  Fines, 3-5.
SURETIES.  See Administrators, 23-26.  Advancement
    of Justice,
5-7.  Bonds, 2-5.  Inspectors, 14
    -16.  Orphans, 2, 8, 9.  Records, 1, 9, 10.
    Stay of Execution, 1, 6.

SURVEYORS.

    1.  No Surveyor commissioned by the Lord Proprietary,
or by any Person impowered by his Lordship,
shall presume, by virtue of his Lordship's Warrant,
to measure or survey any Lands, before taking the
Oaths to the Government, and also an Oath for the
faithful Execution of his Office, to be administered in
the County Court where he shall officiate; on Forfeiture
of 100 l. Sterling.  One Half to the Support of 
Government, the other Half to the Informer.  1707,
ch. 23, §. 4.
    2.  Deputy Surveyors, if they return any erroneous
Certificates to the Examiner General, the Part for
whose Use the Survey is made shall not be burdened
with double Fees; but such Deputy-Surveyor shall pay
the Examiner General Fees for Re-examining.  1763,
ch. 18, §. 113.
SWEARING.  See Cursing.

T.

TAR.  See Pitch.

TAXABLES.

    1. All Male Residents, and all Female Slaves (also
Female Mulattoes born of White Women, and Free



 
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Bacon's Laws of Maryland
Volume 75, Page 708   View pdf image (33K)
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