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Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 985   View pdf image (33K)
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LAWS OF MARYLAND.— 1829.

985

SEC. 2. And be it enacted, That stich second term shall be
taken and considered as the trial term, and that the imparlance
term, usually so called, be, and the same is hereby abolished ;

Importance
term
abolished.

Provided, that nothing herein contained, shall be construed to
deprive a party of a right to continuance for legal cause, or to
lessen or affect the liability of special bail, or in any manner to
impair the right of the bail in relation to the defendant

Saving
clause.

CHAPTER 186,

 

A Supplement to the ACT to prevent the unnecessary accumulation of

Costs in Civil Suits.

* 1829, ch.
166.

WHEREAS, it is represented to this general assembly that there
are many difficulties, delays and unnecessary expenses attend-
ing actions of ejectment, commenced and prosecuted according
to the usages and practices of the courts of this state ; and
whereas, it is the duty of the legislature to extend to actions for
recovering of lands and other real estate, those principles of
economy and simplicity, which have been extended to actions
of debt and other personal actions, therefore,

Preamble.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That if any action of ejectment now, or hereafter to be depend-
ing in any county court of this state, against the several defen-
dants, the said defendants have severed, or shall sever in their
defence, if shall not be necessary for the parties to return more
than one set of plats, explanations or depositions in said action,
but it shall be the duty of the plaintiff in ejectment, to make out
one set of instructions, and therein, and also in all his plats, ex-
planations and depositions, he shall plainly designate the defen-
dants or defendant against whom the said instructions, plats,
explanations and depositions, and every part thereof, are in-
tended to be used ; and each and every defendant thus severing
in his defence, shall be at liberty to give such instructions, and
make such locations and explanations, and take such deposi-
tions as he may think necessary for his defence ; and such de-
fendants shall not be bound by any instruction, location, expla-
nation or deposition, of any co -defendant severing from him in
defence, as aforesaid, nor by any instruction, location, explana-
tion or deposition of the plaintiff, unless it shall plainly appear
that such instruction, location, explanation or deposition was
intended to be used against said defendant; and where any
location shall be made on the part of any one of the defendants,
the same may be used and taken advantage of by any other of

Ejectment
cases where
defendants
sever.

the defendants to said actions ; Provided, such other defendant
shall, in his instructions, plainly declare that he will abide by
and use said location.
124

Proviso.

 

 

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Please view image to verify text. To report an error, please contact us.
Clement Dorsey. The general public statutory law and public local law of the state of Maryland : from the year 1692 to 1839 inclusive, with annotations thereto,and a copious index.
Volume 141, Page 985   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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