24 LAWS OF MARYLAND—1715.
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to such person or persons in whose hands or possession the
said goods, chattels and credits of the absent defendant shall be
attached, that he or they be and appear at the respective courts
at the day of the return of the said attachment, to shew cause,
(if they have any,) why the said goods, chattels and credits, so
as above said in their hands attached, should not be condemned,
and execution thereof had and made, as in other cases of reco-
veries and judgments given in courts of record;' at which day
of the return of the said attachment, if the said defendant shall
not then appear, nor the said garnishee in whose hands the
said goods, chattels and credits of the said defendant were
attached, to shew sufficient cause to the contrary, the said
respective courts shall and may condemn the said goods, chat-
tels and credits aforesaid, so as aforesaid attached, and award
execution thereof to be had and made, either by capias ad satis-
faciendum, fieri facias, or otherwise, as the said plaintiff might
have had against the defendant himself on the judgment afore-
said ; which said condemnation and execution of such goods,
chattels and credits of the said garnishee as aforesaid, had and
made, shall be sufficient and pleadable in bar by the said gar-
nishee or garnishees in any action against him or them by the
said defendant fox the same.
CHAPTER 41.
AN ACT for the better Administration of Justice in the high court of chan-
cery, provincial and county courts of this province, for the more speedy
recovery of debts, easy obtaining of executions against persons absenting
from the counties where the judgments were recovered against them, for
preventing commissioners, sheriffs, sub-sheriffs, clerks, and deputy clerks,
lo plead as attorneys in the respective courts to which they belong, and
for amerciaments in the provincial and county courts.
SEC. 1. Provides for furnishing the county courts with certain law books. |
Justices to
make rules,
&c. |
SEC. 2. And be it further enacted by the authority aforesaid,
That the justices of the provincial and of each respective
county court within this province, by force and virtue of this
act, may make such rules and orders from time to time, for the
well governing and regulating their said courts, and the officers
and suitors thereof, as to them in their discretion shall seem
meet, and under such fines and forfeitures, as they shall think
fit, not exceeding one thousand pounds of tobacco in the pro-
vincial court, and five hundred pounds of tobacco in the county
court, for any one offence, all which fines shall be to his ma-
jesty, his heirs and successors, for the support of government.
SEC. 3. By the provisions of this, a plaintiff by causing his writ and
declaration to be served (in enumerated cases) on the defendant, a certain
number of days before court, might claim a trial on the return of the writ,
without allowing the defendant an imparlance. I have been informed by
all of the judges of the court of appeals, that this provision is never practised |
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