LAWS OF MARYLAND.— 1801.

463

SEC. 33, 34. Directory as to the manner of transferring the business from
the courts abolished to those created by this act.
SEC. 35. See note as to first section.
SEC. 36. Repeals the second section of 1785, ch. 87.

SEC. 38. And be it enacted, That no action of ejectment,
waste, partition, dower, trespass quare clausum fregit, trover or
replevin, brought or to be brought in any court of law in this
state, shall abate by the death of either of the parties to such
action, but upon the death of either of the parties, the action
shall be continued, and the heir, devisee, executor or adminis-
trator, of the deceased party, as the case may require, or other
person interested on the part of the deceased party, may appear
to such action, and in case the heir, devisee, executor, adminis-
trator, or other proper persons to prosecute or defend such action,
as the case may be, do not appear to such action at the term at
which the death is suggested, the surviving party, whether
plaintiff or defendant, may proceed to make proper parties to

No action
to abate by
the death of
either party

such action, according to the provisions of the act,f entiiied, an
act to alter and amend the law in certain cases.
SEC. 39, 40, 41, 42, 43, 44. See note to first section.

* 1785, ch.
80.

SEC. 45. And be it enacted, That an act of assembly passed
at November session, seventeen hundred and ninety-six,f enti-
tled, an act for the better administration of justice in the several
counties of this state, and the several supplements thereto, and
also the fourth section of an act passed at November session, in

Acts
repealed.

t Chap. 43.

the year seventeen hundred and ninety ,J entitled, an act for the
better administration of justice in the several counties of this
state, be and the same are hereby repealed.
Continued to 1810, and since by the annual continuing laws.

CHAPTER 86.

AN ACT respecting Public Notaries in this State.
See 1785, ch. 38, ante page 197; 1832, ch. 286; 1837, ch. 253.

J Chap. 33

WHEREAS the establishment of public notaries has been found
useful in all commercial countries, and it is proper by law to
regulate their fees in current money of the United States ;

Preamble.

SEC. 2. Be it enacted, by the General Assembly of Maryland,
That after the thirty-first day of December instant, the governor
and council shall appoint and commission, in addition to the
notaries public already appointed and commissioned in this
state, a competent number of persons of known good character,
integrity and abilities, as notaries public for the state of Mary-
land, to reside within such place or places within this state as
the governor and council shall, in and by their respective com-

Governor
and council
to appoint
additional
number of
notaries.

missions, direct ; Provided always, that there shall not be at any
time more than four notaries appointed and commissioned to
reside within the city and county of Baltimore ; And provided

Provisos.