| 1801.
CHAP. 74.
Proviso. |
LAWS OF MARYLAND.
rule, at or before the trial court, on such plaintiff or plaintiffs,
or
his, her or their attorney, to give security for all costs and charges
that the said defendant or defendants may be put to in case
such plaintiff or plaintiffs shall be nonsuited, or judgment be given
against them, and in case of non-compliance with such rule
judgment of nonsuit shall be entered; Provided nevertheless, that
if
any defendant or defendants shall lay a rule on any plaintiff or
plaintiffs for security for costs at the trial court, that then and in
such case the court granting such rule may, at the instance or motion
of the plaintiff or plaintiffs, by his, her or their counsel, in
their discretion, continue said cause until the next term. |
When action is
brought for any
other person, and
plaintiff shall be
nonsuit, &c. party
for whose use
action was instituted
to be answerable
for costs. |
10. AND BE IT ENACTED, That when any action
shall be brought,
and it shall be entered upon the record that such suit is brought for
the use of any other person or persons, and the plaintiff or plaintiffs
in such action shall discontinue or strike off his, her or their
said action, or be nonsuit thereon, or in case there shall be a judgment
or verdict in favour of the defendant or defendants, the party
or parties for whose use the action was instituted shall be answerable
for the legal costs of suit, and may be proceeded against by
attachment against the person or property of such party or parties
for the recovery of the same, in the same manner as if he, she
or they, had been entered by rule of court the security for such
costs of suit. |
Person not to be
arrested out of the
county where he
resides. |
11. AND BE IT ENACTED, That it shall not be
lawful for any
person whatsoever to cause any inhabitant of this state to be arrested
out of the county where he or she doth reside, by virtue of
any capias ad respondendum, or capias ad satisfaciendum, for
any debt,
damage or cost, until the sheriff or coroner of the county where
such defendant shall reside shall have returned a non est inventus
on a capias ad respondendum, or capias ad satisfaciendum,
issued at
the request of the said person against the defendant. |
Plaintiff shall suffer
a nonsuit in
certain cases.
Proviso. |
12. AND BE IT ENACTED, That if any person
be arrested upon a
capias ad respondendum, contrary to the intent of this act,
the plaintiff
in the said action shall suffer a nonsuit, and pay the defendant
his or her reasonable costs and charges, ti be adjudged him or her
by the court from whence such process issued; and if any person be
taken in execution contrary to the directions hereof, the court from
whence such execution issued shall discharge him or her from his
or her imprisonment; Provided always, that nothing in this act
contained shall extend tot he benefit or advantage of any person
who shall abscond from justice in the county where they live, but
that such persons may be arrested in any county wherever they
may be found. |
No commission to
issue to any person,
except a
chief or associate
justice, to be a
justice of county
court. |
13. AND BE IT ENACTED, That after the commencement
of this
act no commission shall issue to any person, except to the said several
chief justices and associate justices, to be a justice of any
county court, but only to be a justice of the peace of such county;
and upon the issuing of any commission, the justices appointed
therein shall assemble, as soon as convenient, at the court house of
their county, and qualify as heretofore, but if any of the persons
appointed are absent at the time of meeting, they may qualify at
any time before any one of them who have before qualified. |
See 1814, ch. 82.
|
 |
