SEPT. 1723.
CHAP. 8.
Passed Sept. 23,
1723. |
APPENDIX——CHANCERY LAWS.
SEPTEMBER SESSION, 1723.
—
CHAP. VII.
An Act for the ease of the Inhabitants, in examining Evidences relating
to the Bounds of Land, and in the manner of obtaining
Injunctions.
Lib. LL. No. 4, fol. 588. |
On application,
court may take security,
&c. |
5. AND, whereas many persons in the remoter
counties of this
province, having equitable rights against the recoveries of law
that happen against them in such counties, but before the inconveniency
of their purchasing injunctions, as the practice stands at
present, are obliged to submit to the injuries they receive, or to
procure sureties to go with them to Annapolis, to enter into bond
in the chancery office, which is almost impracticable; for remedy
whereof, BE IT FURTHER ENACTED, That in case any person shall
think fit to proceed in equity against any verdict or judgment rendered
against him, on his application to the county court it shall
and may be lawful for such county court to take sufficient security
from such person, with two sufficient sureties, if not less than
double the debt and costs recovered against him, for the due prosecution
of a writ of injunction in that case, according to the form
following: " Know all men by these presents, That we A. B. C. D.
and E. F. of _____ county, are held and firmly bound unto R. M.
of _____, &c. in the full and just sum of _____ to be paid to the said
R. M. his executors, administrators or assigns; to the true payment
whereof we bind ourselves, and every of us, out and every of
our heirs, executors and administrators, jointly and severally, for
and in the whole, firmly by these presents. Sealed with our seals,
and dated this _____ day of _____ Anno Domini 17__. Whereas
the above bound A. B. hath obtained an injunction to stay proceedings
at law, on a judgment rendered against him in _____ county
court, by _____ for _____. Now the condition of the above obligation
is such, That if the said A. B. shall prosecute the said writ
of injunction with effect, and satisfy and pay as well the said _____
as all costs, damages and charge that shall accrue in the chancery
court, or be occasioned by the delay of execution on the
said judgment, unless the court of chancery shall decree to the
contrary, and shall in all things obey such order and decree as the
chancery court shall make in the premises, then the above obligation
to be void and of none effect, else to be in full force and virtue."
And that such bond so given shall be a sufficient supersedeas
and stop to any further proceedings in that case, until the person
against whom such chancery relief is proposed shall obtain a certificate
from the chancellor, or his register, of the disallowance of an
injunction in such case, or that such injunction has not been sued out
of the chancery office within two months after such bond given, or
if sued out, that the same is dissolved. |
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