|
THOMAS JOHNSON, Esq; Governor.
CHAP. XII.
An ACT to empower the county courts to issue subpœnas for witnesses
residing in other counties to attend trials to be had
before
such courts, and to direct the manner of issuing executions
from
one county to another. |
1777. |
BE it enacted,
by the general assembly of Maryland, That it shall and may be
lawful for the clerk of any county court, to issue summons for witnesses
residing in a different county, to testify in trials to be had before such
court; which summons shall be directed to the sheriff or coroner (as the
case may
require) of the county where the witnesses reside, and returned to
the court before
which the trial is to be had. |
Clerks may issue
summons
for witnesses
in different
counties. |
II. And be it
enacted, That all witnesses, as aforesaid summoned, shall, in
case of non-attendance, be liable to attachment and fine, in like manner
as if such
witnesses resided in the county where such trial is had. |
Witnesses not
attending liable
to attachment. |
III. And be
it enacted, That it shall and may be lawful for the clerks of the
several county courts, and they are hereby authorised and required, on
application
of the plaintiff, in any judgment of their courts respectively, to issue
executions
against any defendant, who hath removed, or shall remove, from the county
in
which such judgment is or shall be had, to another county; which execution
shall be directed to, and served by, the sheriff or coroner (as the case
may require)
of the county where such defendant may reside, and returned to the court
of the
county of which he is sheriff or coroner; and it shall be sufficient for
the plaintiff,
to entitle himself to the benefit of such execution, to produce before
the court
to which the same shall be returnable, a short copy of the judgment by
him had,
attested by the clerk of the court before which the same is had. |
Clerks to issue
executions,
&c. |
IV. Provided
nevertheless, That no execution shall issue on any judgment
heretofore obtained, which has been stayed by order of the court, during
the time
the said court have directed such stay. |
Proviso. |
V. And,
whereas, by the act, entitled, An act to open the courts of justice, and
for other purposes, it was enacted, That in all cases where judgment hath
already
been, or shall hereafter be obtained, in any court of law, the plaintiff
or plaintiffs,
to 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 not more than six months; Be it enacted,
That the said recited clause be
and is hereby repealed. |
Part of an act
repealed. |
CHAP. XIII.
A Supplement to the act for the regulation of officers fees.
Expired with the principal act. |
|
CHAP. XIV.
An additional supplement
to the acts for assessment of property.
This act directs a new assessment to
be made on account of the inequality of the last. It fixes the value
of the best land at £. 4, the worst at 7f6, and leaves the
intermediate to the assessors discretion. It
fixes likewise rates for negroes, and directs the pound rate, after the
15th of April next, to be levied by
distress and sale, on giving five days notice. And if no goods can
be found, the land of the party is to
be liable for the assessment, with an interest thereon of six per cent.
and any goods found thereon at any
time shall be liable to distress and sale. These are the most remarkable
amongst a variety of provisions. |
|
CHAP. XV.
An ACT to revive the proceedings of Queen-Anne's
county court.
The proceedings which were discontinued
at the time to which the last March court was adjourned,
are to be in their former state at the next court, except where new actions
have been commenced, or the
death of a party has taken or shall take place. But this act is to
affect neither bail nor such sureties
for appearance to answer, on whose recognizances no default has been entered;
nor is it to invalidate any
action commenced since the fall of the said court by the commissioners
appointed under the new constitution. |
|
A a a
|
 |
