| 1777.
CHAP.
XII. |
LAWS of MARYLAND.
be issued, and recovery and execution had against such bail, in the
same manner
as against principal debtors; saving to such bail all manner of defence
that special
bail in courts of law are entitled to, on the return of the first or second
scire facias,
and the liberty of delivering up the principal debtor on return of such
warrant,
on payment of costs on the same warrant. |
Constable to
give notice to
the plaintiff
of the time
and place he
intends to carry
the defendant
before
a justice,
&c. |
V. And be it
enacted, That the constable shall give notice to the plaintiff,
or
his agent, where either of them lives in the same hundred, of the time
and place
he intends to carry the defendant before a justice; and in case neither
the plaintiff
having notice as aforesaid, nor any person for him, nor the plaintiff,
nor any person
for him, when such plaintiff lives out of the same hundred, and hath not
appointed any agent in that business, with or without notice, shall appear
on the
return of the warrant, or shall make default in not appearing at
the time and place
appointed, when there shall be an appointment by the justice of a future
day for
an hearing, the justice before whom any defendant shall be brought on a
warrant
as aforesaid, or before whom any defendant shall be brought on a warrant
as aforesaid, or before whom he shall appear on an appointment as aforesaid,
may
in his discretion hear and determine the matter of controversy ex parte. |
Persons aggrieved
may
appeal to the
county court,
&c. |
VI. And be it
enacted, That in all cases where the debt or demand doth exceed
twenty-five shillings sterling, forty-one shillings and eight-pence
common
money, or three hundred and thirty-six pounds of tobacco, and either plaintiff
or
defendant shall think him or herself aggrieved by the judgment of any magistrate,
he or she shall be at liberty to appeal to the next county court, before
the justices
thereof, who are hereby, upon the petition of the appellant, in a summary
way
empowered and directed to hear the allegations and proofs of both parties,
and
determine upon the same, according to the law of the land and the equity
and right
of the matter, the same court in which the said petition shall be exhibited,
without
any further continuance or delay, unless it shall appear to the satisfaction
of
the said court, that further time ought to be given to the party applying
for the
same, to enable the said court to determine the cause according to the
law of the
land the equity and right of the matter. |
Persons appealing
to
enter into
bond. |
VII. Provided
also, and be it enacted, That no execution upon judgment to
be rendered by any justice shall be stayed or delayed, or any supersedeas
upon such
judgment granted upon any appeal, unless the person appealing, or some
other
on his or her behalf, shall, immediately upon making such appeal, enter
into bond
with sufficient sureties, such as the justice by whom judgment shall be
given shall
approve of, in double the sum recovered, with condition, that if the party
appealing
shall not prosecute his appeal at the next county court with effect, according
to the directions of the act, entitled, An act for the speedy recovery
of small
debts out of court, and shall pay and satisfy the party ion whose behalf
the judgment
of the justice shall be given, his executors, administrators or assigns,
in case
the said judgment shall be affirmed, as well the debt damage and cost,
adjudged
by the justice from whose judgment such appeal shall be made, as also all
cost
and damage that shall be awarded by the court before whom such appeal shall
be
heard, tried and determined, then the said bond to be and remain in full
force and
virtue, otherwise to be of none effect. |
Warrants,
&c. returnable
within 40
days, &c. |
VIII. And be
it enacted, That all warrants and executions in virtue of this act
shall be made returnable at a certain day, not exceeding forty after the
test thereof,
before the justice issuing the same or some other justice of the peace
for the
same county, who are hereby authorised and required, upon application of
the
party, to call upon the constables and sheriff for such returns; and in
case of
non-payment by any constable or sheriff, who admits the receipt of any
debt or
demand, it shall and may be lawful for the justice to give judgment and
award
execution forthwith against such constable or sheriff, directed to the
sheriff or coroner,
as the case may require, for the same, any law or usage to the contrary
notwithstanding. |
Allowance to
evidences,
&c. |
IX. And be it
enacted, That evidences shall be allowed two shillings and six-pence
common money per day for each day's attendance, and no more, and that |
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