142 LAWS OF MARYLAND—1778.
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John Doe, plaintiff, against Richard Roe, defendant. You,
A. B. and C. D. do jointly and severally acknowledge your-
selves special bail for the said Richard Roe, at the suit of the
said John Doe, in an action of debt brought, by the said John
Doe against the said Richard Roe, in the general court. They
acknowledge themselves to be content therewith, this — day
of —, before —. To the honourable the judges of the
general court. Varying nevertheless the said form, according
as the nature of the action may require; and that the said
recognizance shall have the same force and effect as any recog-
nizance of bail acknowledged and taken in open court. |
Justices to
examine,
&c. |
SEC. 6. And be it further enacted, That the judge or justices
by and before whom any such recognizance of bail shall be
taken and acknowledged, shall and they are hereby required,
carefully to examine into the circumstances and sufficiency of
the bail so to be taken as aforesaid, and to be careful that they
do not take any recognizance of bail of persons that shall not
appear to them to have sufficient estate within this state to
answer the same at the time of taking and acknowledging
thereof; provided that nothing herein shall be construed to
abridge or take away the power of the justices of the general
or county courts within this state to make rules and orders for
the justifying bails and making the same absolute, or to exa-
mine the sureties upon oath) touching the value of their estates,
as by the said recited act they are required to do. |
Plaintiff
may issue
execution,
&c. |
SEC. 6. And be it also enacted, That upon any judgment
hereafter to be rendered upon any recognizance of bail, it shall
and may be lawful for the plaintiff or plaintiffs therein to issue
execution against the body, goods or chattels, lands or tene-
ments, of the defendant, as if the said judgment were for his
own proper debt, any law, usage or custom, to the contrary
thereof in anywise notwithstanding. |
Execution
may issue
on any
judgment,
be. |
SEC. 7. And be it enacted and declared, That execution may
be issued on any judgment rendered in the provincial court, or
rendered or to be rendered in the general court, or in any county
court of this state, with stay of execution, at any time within
one year next after the expiration of such stay; provided that
the stay of execution be entered upon the clerk of the court his
docket, at the same court when the judgment shall be rendered;
and also after the dissolution of any injunction of or from the
court of chancery, or the discharge or expiration of any super-
sedeas, on appeal, or any writ of error, at any time within
one year after dissolution of such injunction or discharge, or
expiration of such supersedeas.
The time is elongated to three years from the date of the judgment, by
1823, ch. 194.
SEC. 8. And ie it further enacted, That if any cause, insti-
tuted, or hereafter to be instituted, in any of the courts of this |
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