| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
such suit or action, by default nisi the third day of the succeeding
term of said court; and if the said heir, devisee, executor, administrator
or other proper person, shall appear on or before the third
day of said succeeding term, in person or by attorney, upon application
to the said court, the said judgment shall be stricken out,
and the said heir, devisee, executor, administrator or other proper
person, as the case may be, shall be permitted to appear and defend
such suit or action.
See 1785, ch. 80. |
1815.
CHAP. 149. |
5. AND BE IT ENACTED, That where any person
against whom
any judgment or decree hath been or shall be rendered or passed,
hath appealed or shall appeal from such judgment or decree, or
hath brought, or shall bring a writ of error to the court of appeals,
to which such appeal or writ of error may be returnable,
it shall and may be lawful for the heir, devisee, executor or
administrator of the deceased, or other proper person necessary
to be made a part to such appeal or writ of error, to appear in
the court of appeals, in person or by attorney, and suggest the
death of such appellant or plaintiff in error, and appear to such
appeal or writ of error, for the purpose of prosecuting the same,
and the same proceedings shall be thereupon had as in other cases
of appeals or writs of error.
See 1806, ch. 90, s. 11. |
On Appeals, &c.
where appellant
dies, &c. the heir
&c. may appear. |
6. AND BE IT ENACTED, That in all appeals
or writs of error
depending or hereafter to be depending in the court of appeals of
either shore, the same shall not abate by the death of either of the
parties to such appeal or writ of error, if the heir, devisee, executor
or administrator, of the deceased party, or other proper person
necessary to be made a party to such appeal or writ of error, shall
in the said court of appeals, at the first or second term succeeding
the death of such party, either in person or by attorney, make the
necessary suggestion, and appear to such appeal or writ of error
for the purpose of prosecuting or defending the same, and the same
proceedings shall be thereupon had as in other cases of appeals or
writs of error. |
Appeals not to
abate by death if
heirs, &c. appear. |
_____
|
|
CHAP. CL.
An Act for draining part of a Branch known by the name of Andevor
Branch, lying in Queen-Anne's County. Lib.
TH. No. 5, fol. 4. |
Passed Jan. 25, 1816. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
it shall and may be lawful for the proprietors of the lands lying on
a branch called Andevor Branch, extending from the head of said
branch until it intersects the main road leading from Peregrine
Peater's farm to Smyrna, to meet on the first Monday of April
next, and on the first Monday of April in each and every year, or
within ten days thereafter, at Dixon's tavern, or at any other place
which a majority of the proprietors may appoint in Queen-Anne's
county, and for such proprietors, or a majority of those who shall
attend at the said meeting, then and there annually to elect by ballot,
three of the said proprietors for directors, who when so elected
and chosen are hereby authorised and empowered, or any two
of them, to make and open a drain or ditch down said branch,
from the head thereof until it shall intersect the main road aforesaid,
in such direction and of such width and depth as they, or a |
Proprietors to elect
directors. |
VOL. III.
46
|
 |
