clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 766   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

766 29 CAR. 2, CAP. 7, PROCESS ON SUNDAY.
XVIII. "The 18th section as to the enrollment of recognisances, is also
considered applicable, although the occasions for resorting to it are not
frequent. See 2 Black. Corn. 341, in which this Statute is referred to;
but our recognisances taken in Court, or by magistrates, are generally for
small sums, or are discharged without bringing into question their priority
as liens on the lands of the cognisor." Kilty Rep. 241.
XIX. XX. Nuncupative wills.—These sections are in the terms of the
Code, Art. 93, secs. 306, 307,1" (Act of 1810, ch. 34), except that the value
of the estate is made three hundred dollars.
15T Repealed by Act 1884, ch. 293, which further provides; "No nun-
cupative will shall hereafter be valid in this State; but any soldier being
in actual military service, or any mariner being at sea, may dispose of
his movables, wages and personal estate as heretofore." Code 1911, Art.
93, sec. 333.
562 CAP. VII.
An Act for the better Observation of the Lord's Day, commonly called
Sunday.
VI. Provided also, That DO Person or Persons, upon the
Lord's Day, shall serve or execute, or cause to be served or
executed, any Writ, Process, Warrant, Order, Judgment or
Decree (except in Cases of Treason, Felony, or Breach of the
Peace) but that the Service of every such Writ, Process, War-
rant, Order, Judgment or Decree, shall be void to all Intents
and Purposes whatsoever: (2) And the Person or Persons so
serving or executing the same, shall be as liable to the Suit of
the Party grieved, and to answer Damages to him for doing
thereof, as if he or they had done the same without any Writ,
Process, Warrant, Order, Judgment or Decree at all.
Service of Process on the Lord's Day shall be void, Carthew, 504.
Judicial and immaterial acts.—By the common law dies dominicus non est
juridicus, see F. N. B. 17 F.; and so it is laid down in Mackalley's case,
9 Rep. 66b., that no judicial act ought to be done on that day, though acts
purely ministerial done on Sunday were good.1 Therefore, on a fine levied
1 A judgment actually rendered on Sunday is nugatory and will not
support an execution. Ecker v. First Bank, 64 Md. 292. Where a judg-
ment is, through error, entered as of a day that was Sunday, a motion

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 766   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives