| 1801.
CHAP. 61. |
LAWS OF MARYLAND.
and repairing, the said ditch or drain, in the manner herein
before directed. |
How vacancies
are to be filled. |
8. AND BE IT ENACTED, That in case of death
or resignation,
refusal or disqualification to act, of any of the persons chosen directors,
at any time hereafter, it shall and may be lawful for the
said other directors to meet as soon as conveniently may be thereafter,
at their place of meeting as aforesaid, and choose a person in
his stead to act as director till the next annual meeting of the said
proprietors, and if any two directors therein disagree in such
choice, they shall determine the same by drawing lots for the persons
put in nomination, and the person in whose favour the matter
shall be so determined, shall be and he is hereby declared a director,
to all intents and purposes, until the succeeding annual election. |
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Passed Dec. 31.
* 1791, ch. 67. |
CHAP. LXII.
A Supplement to an act, * entitled, An act for regulating the mode
of
staying Execution, and repealing the Acts of Assembly
therein mentioned,
and for other purposes. Lib. JG. No. 4, fol.
97.
Further supplementary acts, 1806, ch.
21. 1811, ch. 174; and see November
1809, ch. 76, sections 1 and 2, and ch. 177. Also December 1813,
ch. 162. |
Justice not to
make return of
any supersedeas,
&c. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
from and after the twentieth day of March next, no justice of the
peace of this state, before whom supersedeas on any judgment rendered
by a single magistrate hath been taken, shall make return of
any such supersedeas to the office of the said county court, for the
purpose that the same should be recorded or filed therein by the
clerk of the said county, any law to the contrary notwithstanding.
By November 1809, ch. 76, s. 3, where
a judgment is superseded, the supersedeas
to be taken by the justice who rendered the judgment, and no other, provided
he is living in the county, and acting.
By 1811, ch., 174, no execution to issue upon a judgment
confessed with a stay
of execution for six months, when the judgment has been assigned, unless
there
has been a demand. |
May issue execution
at request of
plaintiff. |
2. AND BE IT ENACTED, That any justice of
the peace before
whom supersedeas shall or may be taken from and after the said
twentieth day of March next, or any other justice of the peace of
said county, may and shall, at the request of the plaintiff, or any
other person authorised by or on behalf of said plaintiff, issue execution
by way of capias ad satisfaciendum or fieri facias against
the
principal debtor and his securities, or against either of them, after
the expiration of the time so mentioned in the said supersedeas. |
Constables authorised
to serve executions.
Provisos. |
3. AND BE IT ENACTED, That the constables
of the respective
counties of this state, who have been, or may hereafter be, duly appointed
and qualified according to law, are hereby authorised and
empowered to serve and levy executions issued by a justice of the
peace on judgments obtained for small debts out of court, in the
same manner and by the same process as the sheriff or their deputies
are by law authorised to do, and to receive the same fees that
the said sheriffs are entitled by law to receive for the same services;
(a) Provided nevertheless, that the said constables shall, before
they proceed to discharge the duties required by this act, give bond
to the state of Maryland, with good and sufficient security, in the
penalty of two hundred and fifty dollars, (b) to be approved of
by
(a) See Nov. 1779, ch. 25, s. 3, 4, 5; and 1790, ch. 59, s. 2.
(b) Increased to 800 dollars by November 1809, ch. 177. See
that act. |
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