THOMAS JOHNSON, Esq; Governor.
the act for the limitation of suits: And it was further resolved
by the said convention,
That no civil original writ, suit or action, should be commenced and renewed
in any court of law, or any magistrate's warrant of a civil nature issued
within this province, after publication and due notice of the said resolve,
unless in
the following cases, ejectment, trespass, trover, replevin, detinue; also
all real actions,
actions for words, and for money or tobacco actually had and received by
one person for the use of another; attachments under the late act of assembly,
and against persons nonresident; actions or process on loan-office bonds;
without
the licence or permission of the committee of observation of the county
where the
debtors or defendants reside, which shall or may be granted in the instances
and
manner therein after mentioned, and not otherwise; that the said committees
respectively
should, upon application, give licence for bringing or prosecuting suits
in the following cases, that is to say, When debtors refuse to renew their
obligations
or other securities, or to give reasonable security to liquidate and settle
their
accounts and give promissory notes for the balances, or to refer their
disputes, if
any, to one or more indifferent persons, or are justly suspected of intention
to
leave the province, or to defraud their creditors; and that the said committees
might in their discretion grant licences in the following cases, to wit,
for the
bringing actions by and against executors and administrators, as such,
and their
securities, and for the bringing actions against guardians for the recovery
of filial
portions, or the rents and profits of orphans estates: And it was
also further resolved
by the said convention, That no execution shall issue on any judgment obtained
in the provincial court after April term then last past, or in the county
courts after the then last March adjourned courts, without such licence
as aforesaid,
save only in the cases above specified, or where original actions should
be
brought by licence from the committee of observation. And, whereas
at another
convention held at the city of Annapolis on the seventh day of December,
seventeen
hundred and seventy-five, it was further declared and resolved by the said
convention, That in all cases where judgments have been or shall be obtained
(except in ejectment, trespass, trover, replevin, detinue, real actions,
actions for
words, for money and tobacco actually had and received by one person for
the use
of another, attachment under the late act of assembly, and against nonresidents,
and actions on loan-office bonds) the creditor shall, at his election,
have a right
to demand of the debtor a bond with security for the debt and costs of
the said
judgments, or to take by fieri facias any tobacco, wheat or corn,
(but no other
effects) of the debtor, leaving to such debtor sufficient to support his
family; but
that no capias ad satisfaciendum be issued in any case (except in
the cases above
excepted) where the debtor will give bond and security, when required as
aforesaid,
or where the effects aforesaid are tendered to the creditor, at such price
as
may be settled by the committee of observation for the county in which
such
debtor resides: And it was also further resolved, That all rents,
other than rents
for houses, may be hereafter paid and shall be received in tobacco or other
country
produce, in which they have been heretofore annually paid. And, whereas
the
reasons which induced the said conventions to make the said several resolves
now
cease, all country produce bearing an high price, and the inhabitants of
this state
thereby enabled to pay their debts; |
1777.
CHAP.
XV. |