304

LAWS OF MARYLAND.— 1794.

Chancellor
to prescribe
the penalty,
&c. on re-
moval, &c.

SEC. 2, Be it enacted, by the General Assembly of Maryland,
That hereafter, when an application shall be made to the said
court by any executor or administrator for a writ of error to
remove a cause from the county court to the general court, or
from the general court to the court of appeals, the chancellor,
on a statement by such executor or administrator of facts, sup-
ported by affidavit, or other proof, shall have power and discre-
tion to prescribe the penalty of the appeal bond, which by law
is in such cases directed to be taken.

And on
injunction,
&c.

SEC, 3. And be it enacted, That whenever an application
shall be made to the court of chancery by bill, in the usual
manner, for an injunction to stay proceedings at law, the chan-
cellor shall have full power and discretion to prescribe the
penalty of a bond, which shall be executed to the plaintiff or
plaintiffs at law, with a surety or sureties approved by the
chancellor, before the said injunction shall be granted ; that the
condition of the said bond shall be, to perform such order or
decree as the chancellor shall Anally pass in the cause on the
hearing of both parties ; and that whenever an injunction shall
be obtained from the court of chancery by an executor or admi-
nistrator, on filing a bill and executing a bond as aforesaid, the
chancellor shall have full power and discretion to decree against
such executor or administrator, as equity and good conscience
shall to the chancellor seem to require.
Continued to 1805, and since continued by the annual continuing act.

NOVEMBER, 1794.— CHAPTER 6.

*Nov. 1787,
ch. 9.

A SUPPLEMENT to an ACT,* entitled, An act respecting the continuance of
civil suits in the general and county courts.

Preamble.

WHEREAS by the aforesaid act, entitled, an act respecting the
continuance of civil suits in the general and county courts,
among other things it is enacted, that in any case where com-
missions shall issue for taking the depositions of witnesses
residing out of this state, the said courts respectively shall have
a discretionary power to continue such cause, not exceeding
four courts after the usual time of continuance limited by law :
And whereas the present state of Europe and the West India
islands present great obstacles to the safe and speedy transmis-
sion and return of such commissions, as well as to their execu-
tion ; therefore,

Causes may
be conti-
nued, &c.

SEC. 2. Be it enacted, by the General Assembly of Maryland,
That in all cases where commissions have been or shall be here-
after issued to obtain testimony in any cause, which commission
is or shall be issued to parts without the United States of Ame-
rica, the cause on which such commission is or shall be issued
may be continued for want of the return of such commission as