106 LAWS OF MARYLAND—1763.
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occasioned by demurrers, arresting and reversing of judgments,
and staying executions by writs of error and appeal, there being
yet no sufficient provision made for the aiding such omissions,
errors and imperfections, as are usually taken advantage of by
special demurrers, and also for aiding such defects in the entries
of clerks as are frequently taken advantage of, on the prosecuting
writs of error or appeals, as well as divers other advantages of
other defects, or pretended defects or errors, which only serve
to prevent or divert the examination of, and giving judgment
on, the very right of the cause; for remedy whereof, |
Court shall
give judg-
ment, &c. |
Sec. 2. Be it enacted, by the right honourable the Lord Pro-
prietary, by and with the advice and consent of his lordship's
Governor, and the Upper and Lower Houses of Assembly, and
the authority of the same, That in all actions to be commenced
after this session of assembly, the justices of the several courts
of law within this province shall proceed and give judgment
according as the very right of the cause, and matter in law,
shall appear to them, without regarding any such omission,
defects, advantages or pretences as aforesaid, so as sufficient
matter shall appear in the proceedings, upon which the court
may proceed to give judgment according to the very right of the
cause and matter in law, and that it shall appear that the action
shall be commenced after the cause thereof shall accrue, and
that no such judgment shall be reversed or set aside, or execu-
tion thereon delayed, for or by reason of any such imperfection,
omission or defect, any law, usage or custom, to the contrary
notwithstanding. |
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Proviso. |
SEC. 3. Provided always, and be it enacted, by the authority
aforesaid. That nothing in has act shall extend, or be con-
strued to extend, to any writ, declaration, or suit of appeal
of felony or murder, or to any indictment or presentment of
treason, felony or murder, or other matter, or to any process
upon any of them, or to any writ, bill, action or information,
upon any penal statute.
SEC. 4. Repealed by 1801, ch. 13. |
Power of
county
courts, &c. |
SEC. 5. And be it further enacted. That in all actions in the
county courts, where the matter or thing in dispute shall not
exceed the sum of twenty pounds sterling money, or five thou-
sand pounds of tobacco, the justices of the county court where
such action shall be brought may and shall (at the prayer of
either plaintiff or defendant, either before or after judgment, or
verdict of a jury, at common law,) hear and determine the same
according to the rules of equity and good conscience, as fully
and amply as the chancellor or keeper of the great seal might
do in any case within the jurisdiction of the chancery court,
any law, usage, verdict of a jury or custom, to the contrary
notwithstanding. |
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