| 1777.
CHAP.
XV. |
LAWS of MARYLAND.
entitle himself to execution, shall move the court in which such judgment
hath
been or shall be obtained, for leave to issue such execution, and the court
so moved,
shall and may, in their discretion, upon consideration of particular distress
to the family of the defendant, consequent on such execution, stay the
same for a
time nor more than six months. |
Proviso, in
respect to persons
enlisted,
&c. |
IV. And, provided
also, That this act, nor any thing contained, shall
be taken on construed to contravene, or in any manner repeal, that part
of the act
to promote the recruiting service, which relates to debtors or tenants
who have
enlisted or shall enlist in any of the battalions or artillery companies
of this
state. |
Rents may be
distrained for,
&c. |
V. And be it
further enacted, That it shall and may be lawful, after the said
first day of July, for any person or persons to distrain for rent to him,
her or them
due, and for any magistrate to issue his warrant or warrants, in the same
manner
as might or could have been done if the said resolves, or either of them,
had never
been made. |
Actions, &c.
depending on
26 July,
1775, may
be heard, &c. |
VI. And be it
further enacted, by the authority aforesaid, That all civil
actions,
pleas, process and proceedings, which were depending in any of the courts
of law
or equity in this state, on the twenty-sixth day of July seventeen hundred
and seventy-five,
and which have not already been heard or determined, shall be reinstated,
put and considered, at the session of the respective courts in which such
actions were then depending, in the same state and condition as they were
in on
the said twenty-sixth day of July, 1775; and that it shall and may be lawful
for
the chancellor, judges or justices, appointed by the general assembly,
or the authority
of this state, to hear, try and determine, at their respective courts which
shall be held next after the said first day of July, all actions, suits,
please, process
and proceedings, (not already heard and determined) which were depending
in
such courts respectively in this state, on the said 26th day of July, 1775,
(or
which have been since commenced and not yet determined) and proceed to
final
judgment or decree thereon, or the said chancellor, judges or justices,
may, in
their discretion, continue the said actions suits, pleas, process and proceedings,
to
any other court, until they can or may be tried, heard and determined,
with justice
and convenience to the parties. |
From July
26, 1775, to
July 1, 1777,
not to be considered
as
part of the
time limited
for bringing
of suits, &c. |
VII. And be
it further enacted, by the authority aforesaid, That all
that space
of time from the said 26th day of July, 1775, to the said first day of
July, 1777,
shall not be reckoned, estimated or considered, as part of the time limited
by law
for bringing or prosecuting any action or suit which was restricted
or prohibited
from being brought by any of the said resolves, or shall any part of the
time from
the said 26th day of July, 1775, to the last day of August next, be taken
or estimated
in the year and day limited by law for issuing executions on judgments;
and that
if the act of limitations hath or shall be pleaded in any of the cases
aforesaid, it
shall and may be lawful for the plaintiff or plaintiffs to give the special
matter and
this act in evidence on a general replication. |
|
Warrants,
&c. issued
under the former
government,
to be
in force under
the present,
&c. |
VIII. And,
that justice may not be delayed, or individuals suffer by a change
of government, Be it enacted, That
all writs, warrants or other process, issued
out of the several offices of this state, or by any magistrate, during
the continuance
of the former government, and all land warrants granted and issuing out
of the land-office before the appointment and qualification of the registers
of the
land-office under the present government, shall continue and be in force
for the
same time, and shall be executed by the proper officers appointed under
the present
government, in the same manner as if the former government had continued,
and all officers who shall have in their possession any such writs, warrants,
or
other process, or any such land warrants, or any records, books or papers,
are
hereby directed and required to deliver them to the proper officers, immediately
after their qualification to act under the present government, or as soon
as they
shall be thereunto required. |
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