LAWS OF MARYLAND.—1720. 55
persons that were disseized of such land by virtue of such writ,
to re-enter upon and be reinstated in the same, to all intents
and purposes, as if such writ had never been obtained, without
being obliged to return any part of the purchase money for the
same.
OCTOBER, 1720—CHAPTER 24.
AN ACT to restrain the rigour of Prosecutions on Administration or
Testamentary Bonds. |
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WHEREAS it is represented by some of the justices of the
provincial court, that a most oppressive and pernicious practice
is introduced of putting testamentary and administration bonds
in suit in the provincial court, for the non-payment of small
debts recovered in the county courts, without ever suing out
writs of fieri facias or other executions to affect the estate of
the deceased in the executors or administrators' hands, or with-
out any insufficiency of such executors or administrators, where-
by the act, entitled, An act to restrain the ill practices used
by sheriffs in taking goods by fieri facias, and selling them by
venditioni exponas, is entirely evaded, so far as it relates to
executors and administrators, and the person and sureties of
such executors and administrators are affected by such suing
the said bonds, instead of the effects of the deceased; for pre-
vention whereof for the future, |
Preamble.
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SEC. 3. Be it enacted, by the right honorable the Lord Pro-
prietary, by and with the advice and consent of his lordship's
Governor, and the Upper and Lower Houses of Assembly, and
the authority of the same, That it shall not be lawful for any
creditor or creditors to prosecute any such administration or
testamentary bond for any debt or damages due from or recov-
ered against any testator or intestate, or their effects, before a
non est inventus on a capias ad respondendum be returned
against the executor or administrator, or a fieri facias returned
nulla bona by the sheriff of the county where such executor or
administrator live,* or where the effects of such deceased lies, or
such other apparent insolvency, or insufficiency of the person
or effects of such executor or administrator, as shall, in the
judgment of the provincial court that hears the cause, render
such creditors remediless by any other reasonable means, save
that of suing such bonds, on pain that such person or persons that
shall cause such bonds to be sued, contrary to the true intent
and meaning of such act, shall be condemned in full costs of
suit, to be adjudged by such provincial court to the defendant
or defendants that shall be so sued, against the person or per-
sons that shall cause the same to be sued, and shall award
execution thereof as usual in other cases.
* By 1838, ch. 329, an action may be brought in the county court of
the county, where the defendant administered. |
No admi-
nistration
bond to be
sued, &c. |
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