LAWS OF MARYLAND.—1729. 77
CHAPTER 25.
AN ACT to prevent rigorous prosecutions on sheriffs, testamentary,
administration and deputy-commissaries' bonds. |
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WHEREAS it is represented to this general assembly, that
sheriffs' and testamentary bonds are frequently put in suit in the
provincial court, and that the persons causing such bonds to be
sued, upon their obtaining judgments, frequently issue execu-
tions for the whole penalties contained in such bonds, with
directions to the sheriff, or coroners, to release the party execu-
ted, upon payment of what the creditor alleges his demand to
be: And whereas an act of parliament, made the eighth and
ninth years of king William the third, entitled, An act for the
better preventing frivolous and vexatious suits, does not fully
provide for the evils complained of; |
Preamble. |
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 it shall not be lawful for any person
or persons causing such bonds to be sued to proceed to judgment,
until the creditor or creditors clearly make appear to the court
what his, her or their demand is or are, which court may, and they
are hereby empowered, upon the defendant's having notice given
him, her or them, or notice left at the place of his, her or their
last place of abode, twenty days before the court in which the
plaintiffs apply for such debt or demand to be assessed, as also
a copy of the nature of his, her or their demand, attested by the
clerk, to assess such damages, or appoint auditors to adjust such
demands, whereupon it shall be lawful for such court to give
judgment to such creditor or creditors on such bond in usual
manner, but that execution only issue for such sum as shall be
made appear to be due, unless the party at whose request such
bond be sued, or the defendant or defendants applies to the
court, praying a writ of inquiry, which, if either party prays,
shall be issued by the court, to be proceeded in according to the
directions of the aforesaid act of parliament, and that execution
issue for no more than found by the jury, with costs, and in-
terest till payment made or tendered; and that where any such
bond is proceeded on to judgment, no other creditor shall come
in for any part of the penalty, under pretence of any thing being
due to such creditor, without sending a scire facias to be served,
which scire facias shall be sued within eighteen months after
such recovery, and not after, on the defendant or defendants, in
which scire facias shall be contained the nature of such creditor
or creditors' demand, and the sum due.
See 1785, ch. 80, sec. 13. |
No person
to proceed
to judg-
ment, &c. |
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