66 LAWS OF MARYLAND—1720-31.
General
issue
pleadable. |
Sec. 3. And be it further enacted, as aforesaid, That it shall
and may be lawful for the defendant or defendants in such suits
to give this act and the special matter in evidence, without
specially pleading the same, any law, statute, usage or custom
to the contrary notwithstanding.
CHAPTER 25.
AN ACT declaring the punishment for Burning of Court Houses.
Merged in 1809, ch. 138, sec. 8.
JULY, 1721— CHAPTER 14.
AN ACT to limit, the continuance of Actions in several courts within
this province, and ascertaining the manner of taking the evidence of
sea-faring men, and for granting appeals from the chancery court to the
governor and council. |
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Preamble. |
WHEREAS it is represented as an aggrievance, the dilatory
proceedings and continuances of actions, in several of the courts
of this province; for remedy whereof for the future, |
Actions
may be
continued,
&c. |
SEC. 2. Be it enacted by the right honourable 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 all actions now depending in
any of the courts of law within this province, as well as all
other actions to be commenced, may be continued to the end of
the fourth court, after the appearance court, in any of the courts
aforesaid, and no longer, (except in causes where evidences are
wanted from beyond sea,) which is left to the discretion of the
court where such case shall happen; and that it shall and may
be lawful for the several courts afore-mentioned, upon the dis-
continuance of any action or actions aforesaid, (if by the act or
default of the plaintiff,) to award him to pay the costs, bat if
by the act or default of the defendant, then to give judgment
for the plaintiff, and if through the default of any attorneys
neglecting their duty in bringing causes to a decision within
the time limited by this act, in all and every such case, every
attorney so neglecting his duty to the prejudice of his or then-
client, shall, for every such neglect in the provincial court, for-
feit the sum of five thousand pounds of tobacco, and for every
neglect in the county court, the sum of two thousand pounds
of tobacco, and all costs of suit accrued on any action discon-
tinued by default of such attorney, one-half of the aforesaid
fines to the parly grieved, the other half to his lordship the lord
proprietary, to be appropriated to and for the use and benefit of
a public or free school of the county where such fines arise, to
be recovered (in his lordship's name) in any of the courts of
record within this province, by action of debt, bill, plaint or
information, wherein no essoin, protection or wager of law to |
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