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THOMAS JOHNSON, Esq; Governor.
them, cannot safely go to trial, which fact, as also a reasonable endeavour
to obtain
such evidence, shall be made appear to the satisfaction of the court, by
affidavit
of the party, or the testimony of some indifferent witness; and where the
writ and short note, or writ and declaration, are not served in time, it
shall and
may be lawful for the justices of the general court or county courts to
allow one
imparlance, and no more, unless evidence be wanted as above specified. |
1778.
CHAP.
IX. |
III. And be
it enacted, That the governor and the council, or a committee of
the general assembly, or any person authorised by the governor and council
or such
committee, may cause like process to issue in the general or county courts
of this
state, against any person or persons whatsoever, inhabiting or residing,
or being
found therein, who may or shall be indebted to this state by bond or otherwise,
or have received or shall receive money from the treasury thereof, for
which no
account hath been or shall be rendered, and a declaration or short note,
expressing
the cause of action, being filed with the clerk of the court before issuing
the writ,
and a copy of such declaration or short note being served on the defendant
or defendants,
or left at his or their last place of abode twenty days before the return
of such writ in the general court, and eight days before the return thereof
in the
county court, it shall and may be lawful for the justices of said court
respectively,
and they are hereby authorised and required, to cause such defendant or
defendants
to plead to issue, and shall proceed to trial or judgment the first court,
and shall
not allow any imparlance, unless where evidence is wanted, without which
the
parties, or either of them, cannot safely go to trial, which fact, as also
a reasonable
endeavour to obtain such evidence, shall be made appear to the satisfaction
of the court, by affidavit of the party, or the testimony of some indifferent
witness; and where the writ and short note, or writ and declaration, are
not
served in time, it shall and may be lawful for the justices of the general
or county
court to allow one imparlance and no more, unless evidence be wanted as
above specified. |
Governor and
council, &c.
may cause like
process to issue,
&c. |
IV. And be it
enacted, That the general or county courts shall not allow of
any plea to a declaration in such actions, except the general issue, unless
the same
be verified by the affidavit of the party, or otherwise made appear to
be founded
in fact by credible witness, or other legal evidence, and no demurrer to
any declaration
shall be allowed, for want of pursuing the usual forms of declarations
in
other cases, but it shall be deemed sufficient in all actions on the case,
or actions
of account, to allege that the defendant or defendants were indebted to
the United
States, or to the state of Maryland, in the sum demanded, for money had
and received to the use of the United States, or of this state, as the
case may require,
and that payment hath not been made, nor any account rendered for the
same. |
Courts not to
allow plea to
a declaration
in such actions,
&c. |
V. And be it
enacted, That the general or any county court where
such action is brought may, if need be, appoint auditors to take and state
the accounts
offered by any defendant or defendants, and may give judgment for such
balance as appears due on the return of such auditors, with costs of suit;
and if
the balance should be found in favour of any defendant or defendants, who
have
been negligent in rendering his or their account, no costs whatever shall
be adjudged
to him or them, but the balance so found, if due from the state of Maryland,
shall be paid by the treasurer of the eastern or western shore, without
costs, and a transcript of the judgment, under seal of the court, shall
be a sufficient
voucher for such payment; and the clerk of the court wherein such suit
is
determined shall, within one month after the determination of such suit,
transmit
to the auditor-general a copy of the accounts so audited and settled, under
the
penalty of twenty pounds. |
Court may
appoint auditors
to state
accounts, &c. |
VI. And be it
enacted, That after judgment obtained, it shall and may be
lawful to issue execution by capias ad satisfaciendum, fieri facias,
or attachment on
the judgment, which two last executions may be taken against lands and
tenements
as well as goods and chattels; and all lands and tenements belonging
to any public debtor, after the commencement of suit against him, shall |
After judgment
obtained,
execution
may issue, &c. |
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