| Volume 194, Page 975 View pdf image (33K) |
|
7 GEO. 2, CAP. 20, MORTGAGE. 975 goods as "one box containing about 248 ounces of gold dust" was not such a declaration as rendered the ship-owner liable. Diamonds, said Alder- son B. ought to be described as so many diamonds, and their value in money stated, and so of watches, jewelry and the like. And he added, that the only case, where the description would be enough without an ex- press statement of the value, seems to be where the shipment consists of coin; there it may be enough to state the number and description of the coin. However, Martin B. doubted whether the word "true" applied to value at all. CAP. XX. An Act for the more easy Redemption and Foreclosure of Mortgages. Whereas Mortgagees frequently bring Actions of Ejectment for the Recovery of Lands and Estates to them mortgaged, * and bring Actions on Bonds given by Mortgagors to pay 726 the Money secured by such Mortgages, and for performing the Covenants therein contained, and likewise commence Suits in his Majesty's Courts of Equity, to foreclose their Mortgagors from redeeming their Estates; and the Courts of Law, where such Ejectments are brought, have not Power to compel such Mortgagees to accept the Principal Monies and Interests due on such Mortgages, and Costs, or to stay such Mortgagees from proceeding to Judgment and Execution in such Actions; but such Mortgagors must have recourse to a Court of Equity for that purpose, in which Case likewise the Courts of Equity do not give Relief until the hearing of the Cause: For Remedy thereof, and to obviate all Objections relating to the same, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the First Day of Easter Term, One thousand seven hundred and thirty four, where any Action shall be brought on any Bond for Payment of the Money secured by such Mortgage, or Performance of the Covenants therein contained, or where any Action of Eject- ment shall be brought in any of his Majesty's Courts of Record at Westminster, or in the Court of Great Sessions in Wales, or in any of the Superior Courts in the Counties Palatine of Chester, Lancaster or Durham, by any Mortgagee or Mort- gagees, his, her, or their Heirs, Executors, Administrators, or |
||||
|
| ||||
|
| ||||
| Volume 194, Page 975 View pdf image (33K) |
|
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.