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THOMAS JOHNSON, Esq; Governor.
CHAP. X.
An ACT to repeal part of
an act to promote the recruiting service.
Relating to the enlisting of servants
and apprentices. |
1777. |
CHAP. XI.
An ACT to punish forestalling and engrossing, and
for other purposes.
To continue in force one year, &c.
It expired with October session in 1778. At that session another
act passed for the same purpose. |
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CHAP. XII.
An ACT for the speedy recovery
of small debts out of court. |
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WHEREAS the recovery of small debts in the county
courts is attended
with heavy expence to the suiters, and the jurisdiction of one justice
of the peace, by the law heretofore made, not being sufficiently extended
for the conveniency and benefit of the people, |
Preamble. |
II. Be it enacted,
by the general assembly of Maryland, That from and after
the first day of August next, in all cases where the real debt or damage
doth not
exceed three pounds sterling, five pounds common money, or eight hundred
pounds of tobacco, it shall and may be lawful for any one justice of the
peace of
each respective county wherein the debtor doth reside, to try, hear and
determine,
the matter of controversy between the creditor and debtor, and upon
full hearing
of the allegations and evidences of both parties, shall give judgment according
to
the law of the land, and the equity and right of the matter, and, if need
be,
charge the constable with the body of the debtor in execution, who is hereby
obliged
and empowered to carry the person so committed to the sheriff of the county,
together with a certificate or mittimus from such justice, wherein shall
be certified
the debt and cost whereof such person shall be convict, by him to be safely
kept until satisfaction, or other end thereof; or otherwise, that such
justice, or
any other justice of the peace for the same county, shall, within one year
from the
time of the rendition of said judgment, award execution thereon, (directed
to the
sheriff of the county) by warrant or mittimus, in the nature of capias
ad satisfaciendum,
fieri facias, or otherwise, and that in case upon the return of any
warrant,
or any complaint issued by any such justice, it shall appear that the person
against
whom the same shall issue is not to be found, it shall and may be lawful
for the
creditor to proceed, in the several and respective county courts, for obtaining
an
attachment, according to the directions of the act for issuing out attachments
in
this province, and limiting the extent of them, against the goods, chattels
and
credits, of such person, for any sum exceeding one hundred pounds of tobacco,
six shillings sterling, or ten shillings current money, any act or acts
to the contrary
notwithstanding. |
Where any
debt doth not
exceed 3l.
ster. &c. any
one justice
may give
judgment,
&c. |
III. And,
whereas many times witnesses may be wanting, or the parties not
prepared to make good their allegations immediately on the appearance of
a defendant,
so that a further time may be necessary to examine into the matter of
controversy, Be it enacted, That when
any defendant shall be brought on a warrant
before any justice of the peace, such justice may, if he in his discretion
shall
think fit, give and allow to such defendant a future certain day, not exceeding
fourteen days, to appear before such justice, or any other justice of the
same county,
at a certain place to be appointed, to answer unto such warrant, such defendant
giving good and sufficient security, if such justice shall award it necessary,
by way
of recognizance, in the nature of bail, for the defendant's appearance
at the time
and place appointed, and paying what he shall be condemned in on the said
warrant,
or surrendering his person to prison in satisfaction thereof, or in default
of
the defendant's giving such security, to commit such defendant to the sheriff's
custody till he gives such bail; and if the defendant shall not appear
at the time
and place appointed, judgment may be rendered against him on such default,
or
on an ex parte hearing, if the justice does not see cause to the
contrary; and if
judgment shall be in any manner rendered against the principal debtor,
and he
does not pay such condemnation, or render himself on execution, to be issued
returnable
at the end of forty days from the issuing thereof, a warrant shall and
may |
Justice may
allow a future
day for appearance,
on
defendant's
giving security,
&c. |
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