lxxxiv PRINCE GEORGES COUNTY

County, that all writs issuing out of the court should bear teste from the last ad-
journment of the court and with the day of issuance marked underneath. 5

Once the writ had issued the next step was to have it served by the sheriff upon
the defendant. The capias, which was returnable on the first day of the next court,
apparently was required to be served at least eight days before the return day. 6
In the event service was made, defendant arrested and bail below taken, the sheriff
returned the writ endorsed "Cepi" and an entry to that effect was made in the
Liber in a docket of writs returnable. In the event defendant could not be served
or arrested, the writ was returned endorsed "Non Est" (non est inventus) and an
appropriate entry made. In a few cases writs were endorsed "counter-manded", in-
dicating that plaintiff had withdrawn or discontinued his action before the return
was made. A few are found returned endorsed "tardy" (tarde venit], meaning that
the writ came into the sheriff's hands too late for service before the return day. One
or two were returned endorsed "mortuus est", defendant having died prior to
service. One was endorsed "at the garrison", defendant being absent on military
service; another "cepi languedos [languidus]", indicating that defendant was too ill
to appear; another "fugitt", defendant having fled the jurisdiction. A few were
endorsed "Cepi agreed" or cepi con (cepi concordantur), indicating that a settle-
ment had been reached between the parties prior to the return day. In a few cases
writs were returned endorsed "Custody"; this probably indicates that defendant
had failed to put in bail below or bail to the sheriff to insure his appearance to an-
swer the plaintiff at the return of the writ. 7 No rules and orders have been found
for Prince Georges County on the subject of bail below or bail to the sheriff or, for
that matter, on special bail (bail to the action or bail above). 8

Assuming that service had been made by the sheriff, the defendant, in most
cases, either in his own person or more frequently by an attorney, would enter his
appearance at the so-called "Appearance Court" and pray license to imparl to the
next court. This was apparently usually granted as a matter of right, the same day

July 1699 the "Committee of Agreivances" of the House of Delegates represented it "as a great
agrevance to the poor inhabitants of this province that noe Writts can be taken out of any of the
Courts of this Province without any Attorneys Titeling to the Clerk" and prayed that the same
might be remedied and addressed. 22 MA 406.

5. CCCR, Liber S, No. 1, 61. Printed writs were not used or required in Maryland until at least
1700. See Wroth, A History of Printing in Colonial Maryland, 1686-1776, 18-21 (1922) and The St.
Mary's Press: A New Chronology of American Printing, 31 MHM 91 (1936).

6. The rules and orders for Charles County Court provided that the sheriff return all writs and
process (except for summons for witnesses) before the sitting of the court on the first day of the
term or by twelve o'clock at the latest, under penalty of 100 pounds of tobacco. The Liber
indicates that the sheriff in Prince Georges County made his return on the first day of court but
no penalty appears in any rule of court.

7. A 1692 act made void service of process on the Sabbath, a mustering day (on those persons
bound to attend) or a day for election of Burgesses (on a person qualified to vote therein). 13 MA
476. This act was apparently repealed by implication in July 1699. 22 id. 558.

8. In Charles County Court the rules and orders provided: "That in all actions sued in this
Court where the debt or damadges laid be or Exceede the summe of two thousand pounds of
tobaccoe or the like value in money Or other goods or Merchandizes the party plaintife may have
speciall bayle to the same action if he requires it, or for a lesse summe against any person that is
a non resident or unsettled or haveing noe Visible Estate to bee allowed at the discretion of the
Court." CCCR, Liber S, No. I, 62. There is some indication that a similar standard of 2,000 pounds
of tobacco maintained in Prince Georges County. Infra 509. In Baltimore County Court the rules
and orders provided: "Ordered that upon every Action Brought before this Court wherein Speciall
Bayle is required the Plaintiff by himselfe or Attorney doe Insist upon such Bayle at the time
when such Actions shall be called Before the Defendant thereunto shall have Entred his appearance
Upon Neglect whereof Such Speciall Bayle Shall be voyde Notwithstanding the Tenor of the writt
And the said Plaintiff left to the Common Current of the Law." BCCP, Liber G, No. 1, 552.
The rules and orders in both Charles and Baltimore Counties appear to be concerned solely with
special bail (bail above) and not with bail below or bail to the sheriff.