16 LAWS OF MARYLAND.—1715.
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These sections apply to the old provincial court; the subsequent sections
prescribe a rule for the county courts, and refer to these—it is therefore
necessary to reprint them.
Sec. 3. This related exclusively to the provincial court.
SEC. 4. And, For the greater ease of making and taking
recognizances of such special bail, it shall and may be lawful
for one of the justices of the provincial court of this province,
or for the president, or any two justices of the county court, to
take and receive every such recognizance of bail as any person
or persons, who shall be deemed by him or them sufficient
sureties, shall be willing or desirous to acknowledge or make
before him or them in the county, in any action or suit depend-
ing, or hereafter to be depending, in the said provincial court,
which recognizances, so required to be taken, as well before as
after the return of the writ, shall be taken in such manner and
form as followeth, viz :
A new form is substituted by October, 1778, ch. 21, sec. 4. |
Court to
make rules,
&c. |
SEC. 5. And be it further enacted, by the authority aforesaid,
That the justices of the provincial court shall make such rules
and orders for the justifying of such bails, and making the same
absolute, as to them shall seem meet, so as the cognizor or cog-
nizors of such bail or bails be not compelled to appear in per-
son in the provincial court to justify him or themselves.
Sixth section supplanted by October, 1778, ch. 21, sec. 5. |
And take
special bail,
&c. |
SEC. 7. And be it further enacted. That any justice or jus-
tices of any county court shall and may, on application to them
made by any person or persons whatsoever, on any action
brought, or hereafter to be brought, in any county court of this
province, take any special bail, according to the rules before
directed for taking special bail to any actions brought in the
provincial court, for the taking of which said recognizance of
bail in the county court, the said justice shall receive as a fee
or reward, the sum of two shillings and six-pence, and no more;
and the said justices of the several county courts, upon receiv-
ing the bail to be given as aforesaid, shall act and do in all
things according to the power by this act given to the justices
of the provincial court aforesaid, and the bail so by them taken,
shall be as effectual to all intents and purposes in the county
court, as the bails before directed shall be in the provincial
court, any law, statute, usage, custom or practice to the con-
trary notwithstanding.
The sec. is altered by 1801, ch. 74, sec. 30 and 31. |
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