| 1777.
CHAP.
V.
|
LAWS of MARYLAND.
duly discharged therefrom, and to execute the duties of the said office
with diligence
and fidelity, without favour, affection or partiality, according to
law. Given
under the seal of the state of Maryland, this ______ day of _______
in the
year of our Lord one thousand seven hundred and seventy-seven. |
By whom the
several oaths
are to be administered. |
II. And be it
enacted, That the oaths to the governor shall be administered
to him by the president of the senate in the senate house, in the presence
of
the members of the general assembly; and the oaths to the members of
the council
shall be administered by the president of the senate, or any judge
or justice;
and the oaths to the chancellor shall be administered to him by the
governor, at
the time of delivering to him the great seal of this state; and any
judge or justice
may qualify before any one in commission with him, or before any qualified
judge
or justice, which qualification shall be certified by the judge or
justice before whom
the same is made, and shall be recorded by the court of which the judge
or justice
so qualified is or shall be a member. |
|
CHAP. VI.
An ACT to direct in what manner all fines, forfeitures and penalties,
shall be recovered, and in what manner fines, forfeitures,
penalties and amerciaments, shall be applied. |
Fines, &c.
how to be recovered
and
applied. |
BE it enacted,
by
the general assembly of Maryland, That all fines, penalties,
and forfeitures, directed and imposed by any of the laws now in force,
and
all fines, penalties and forfeitures, which shall hereafter be inflicted
and imposed,
and no mode of recovery or application shall be directed, shall and may
be
recovered in manner following, to wit: Where the sum doth not exceed
five
pounds current money, the same shall and may be recovered, with costs,
in the
name of this state and the informer, before any one justice of the peace
of the
county where the offence shall be committed; and where the sum exceeds
five
pounds current money, the same shall and may be recovered, with costs,
in the
county court of the county where the offence shall happen, by indictment,
in the
name of this state, or by action of debt in the name of this state and
the informer,
in which it shall be sufficient to allege that the defendant is indebted
to this state
and the informer in the fine, penalty or forfeiture, by the act directed
and imposed,
whereby action accrued, without setting forth the special matter, provided
the
cause of action be endorsed on the writ at the time of the issuing thereof.
And
where any fine, penalty or forfeiture, shall be recovered before a justice
of the peace,
such justice shall either commit the offender to the public gaol till payment
to the
sheriff of the county, or by warrant to any constable, shall direct and
order the same
to be levied, with the costs of execution, on the offender's goods or chattels,
and
shall annually return to the treasurer of his shore a list of the fines,
penalties or
forfeitures, recovered before him; and the constable collecting the same
shall, on
the receipt thereof, pay one half to the informer, and the other half to
the sheriff
of his county, who shall pay the same to the treasurer of his shore for
the use of
this state. And if the fine, penalty or forfeiture, shall be recovered
by indictment,
the court before whom such recovery shall happen, shall either commit the
offender
to the public gaol till payment to the sheriff, or may order execution
to levy
the same, with the costs of the execution, on the offender's lands, goods
or chattels;
and the sheriff receiving or collecting the same, shall pay the same to
the
treasurer of his shore where such recovery shall happen, for the use of
this state;
and if recovered by action of debt, the same shall be paid by the sheriff
receiving
or collecting the same, one half thereof, with the costs, to the informer,
and the
other half to the treasurer of the shore where recovered, for the use of
this state.
And no prosecution or suit shall be commenced for any fine, penalty or
forfeiture,
unless within one year from the time of the offence committed. |
Amerciaments
to be
paid to treasurer,
&c. |
II. And be it
enacted,
That every amerciament in the general or county court,
shall be paid by the sheriff collecting the same, to the treasurer of his
shore for
the use of this state. |
|
 |
