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11 GEO 2, CAP. 19, REPLEVIN-BOND. 993 eight, it shall and may be lawful to and for all Defendants in Replevin to avow or make Conuzance generally, that the Plaintiff in Replevin, or other Tenant of the Lauds and Tene- ments whereon such Distress was made, enjoyed the same under a Grant or Demise at such a certain Rent, during the Time wherein the Rent distrained for incurred, which Rent was then and still remains due; or that the Place where the Distress was taken was Parcel of such certain Tenements, held of such Honor, Lordship, or Manor, for which Tenements the Rent, Relief, Heriot, or other Service distrained for, was, at the Time of such Distress and still remains due; without further setting forth the Grant, Tenure, Demise, or Title of such Landlord or Landlords, Lessor or Lessors, Owner or Owners of such Manor; any Law or Usage to the contrary notwithstanding: and if the Plaintiff or Plaintiffs in such * Action shall become nonsuit, discontinue his, her, or 743 their Action, or have Judgement given against him, her, or them, the Defendant or Defendants in such Replevin shall re- cover double Costs of Suit. XXIII. And to prevent vexatious Replevins of Distresses taken for Rent, be it enacted by the Authority aforesaid, That from and after the said Twenty fourth Day of June, One thou- sand seven hundred and thirty eight, all Sheriffs, and other Officers having Authority to grant Replevins, may and shall in every Replevin of a Distress for Rent, take, in their own Names, from the Plaintiff, and Two responsible Persons as Sureties, a Bond in double the Value of the Goods distrained (such Value to be ascertained by the Oath of One or more credible Witness or Witnesses not interested in the Goods or Distress, which Oath the Person granting such Replevin is hereby authorized and required to administer) and conditioned for prosecuting the Suit with Effect and without Delay, and for duly returning the Goods and Chattels distrained in case a Return shall be awarded, before any Deliverance be made of the Distress; and that such Sheriff, or other Officer as afore- said, taking any such Bond, shall at the Request and Costs of the Avowant or Person making Conuzance assign such Bond to the Avowant or Person aforesaid, by indorsing the same, and attesting it under his Hand and Seal in the Presence of Two or more credible Witnesses; which may be done without any Stamp, provided the Assignment so indorsed be duly stamped |
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Alexander's British statutes in force in Maryland. 2d ed., 1912
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