62 LAWS OF MARYLAND—1723.
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Proviso. |
SEC. 4. Provided always, That the commissioners to be
appointed by virtue of this act shall, (before their meeting on
such land, where all parties concerned live in the county, or
where they are not known,) affix public notes at the parish
church where the land lies, three Sundays at the least before
their meeting, intimating their intentions, and the time they
shall appoint, and shall cause the like notes to be put up in the
most public places in the county twenty days before such meet-
ing, and that where all persons interested are known, and any
one of them lives out of the county, that notice shall be given
by affixing a note at the church door of the parish in which the
party resides, forty days at the least before such meeting of the
commissioners, and that the commissioners shall return a certi-
ficate of having given notice, directed by this act, with the
examination of the witnesses.
By 1815, ch. 141, so much of this section as requires notice to be set up
at the parish church, is repealed. |
On applica-
tion, court
may take
security,
&c. |
SEC. 5. And, whereas many persons in the remoter counties
of this province, having equitable rights against the recoveries
of law that happen against them in such counties, but before
the inconveniency of their purchasing injunctions, as the prac-
tice stands at present, are obliged to submit to the injuries they
receive, or to procure sureties to go with them to Annapolis,* to
enter into bond in the chancery office, which is almost imprac-
ticable ; for remedy whereof, Be it further enacted, That in
case any person shall think fit to proceed in equity against any
verdict or judgment rendered against him, on his application to
the county court it shall and may be lawful for such county
court to take sufficient security from such person, with two
sufficient sureties, in not less than double the debt and costs
recovered against him, for the due prosecution of a writ of
injunction in that case, according to the form following: 'Know
all men by these presents, That we, A. B. C. D. and E. F.
of — county, are held and firmly bound unto R. M. of
—, &c. in the full and just sum of — to be paid to the
said R. M. his executors, administrators or assigns ; to the true
payment whereof we bind ourselves, and every of us, our and
every of our heirs, executors and administrators, jointly and
severally, for and in the whole, firmly by these presents.
Scaled with our seals, and dated this — day of — anno
domini 17—. Whereas the above bound A. B. hath obtained
an injunction to stay proceedings at law, on a judgment ren-
dered against him in — county court, by — for —.
Now the condition of the above obligation is such. That if the
said A. B. shall prosecute the said writ of injunction with
effect, and satisfy and pay as well the said — as all costs,
damages and charge that shall accrue in the chancery court, or
* May now be approved by the clerks of the county courts, 1832, ch. 21. |
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