LAWS OF MARYLAND—1722. 57
be allowed, and but one imparlance ; provided that the time of
continuance of any such suits in the courts of law, by injunc-
tion in chancery, or by allowing infants the benefit of the
parole demur, be not accounted as part of the time of limita-
tions aforesaid.
See November, 1787, ch. 9, and 1796, ch. 43, sec. 11.
By 1806, ch. 41, sec. 1, no action to continue longer than the first court
after the imparlance court. |
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SEC. 3. And, whereas it often happens that actions are de-
layed, by reason the evidences in such suits are sea-faring men,
or others, whose business and employments call them out of
this province when such actions should regularly come to trial;
Be it therefore further enacted by the authority, advice and
consent aforesaid. That the depositions of any such sea-faring
men, or others, taken before two justices of any county court
of this province, or one of the justices of the provincial court
in the presence of the adverse party to him that requires such
depositions to be taken, if upon due notice he thinks fit to be
present, or upon notice to refuse to be present, (the notice being
proved,) shall be received as good evidence in any of the courts
within this province, as if such evidence were personally present
upon the trial, and should deliver the same viva voce.
SEC. 4. Repealed by 1826, ch. 200.
OCTOBER, 1723.—CHAPTER 4.
AN ACT to confirm Lands devised for the use of the Church. |
Depositions
to be re-
ceive, &dc. |
WHEREAS for a considerable time (from the first settlement of
this province,) there were few or no ministers to dispense the
word and sacraments, that the country was in an unsettled con-
dition as to religion, and few or no parishes erected during that
time: And whereas several pious and well disposed persons, for
promoting the protestant religion, and for encouragement of
ministers, have given or devised several parcels of land for that
use, but that notwithstanding, the good intent of several of the
devisors have been frustrated through the negligence or unskil-
fulness of the writers of wills, which is a great injury to the
church, and has and may be a discouragement to persons cha-
ritably inclined to give any lands for glebes where they are
wanted, as they are in many parishes, which makes the incum-
bent unsettled, and reduces him to straits as to his residence;
for remedy whereof for the future ; |
Preamble.
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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 any person or persons, being of
sound and disposing mind and memory, that have heretofore
devised, or shall hereafter devise any lands or tenements to the
use of any church or chapel within this province, or for support
8 |
Devises
good, &c. |
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