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THOMAS JOHNSON, Esq; Governor.
CHAP. XIX.
An ACT to prevent distilling grain into spirit.
To be in force at the end of 20 days,
after proclamation by the executive, that similar laws have taken
place in Pennsylvania, Virginia, and Delaware; and the restrictions to
prevail until the first of July
next. But, by the act of March, 1779, ch. 1, the restriction commenced
after the last day of that
month, and prevailed the aforesaid limited time. It was afterwards
revived by the act of July, 1779, ch.
1, to prevail from the 14th of August to the 15th of November. |
1778. |
CHAP. I.
An ACT directing the manner of suing public bonds, and to aid
proceedings
in the several courts upon such bonds. |
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WHEREAS since the establishment of the present government,
it is
doubted whether suits can be maintained upon administration, testamentary,
sheriffs, and other public bonds, in the name of the late
proprietary, and it is also doubted whether suits now depending on such
bonds
can be prosecuted to judgment: And whereas the people of this state
are much
interested in such bonds; |
Preamble. |
II. Be it therefore
enacted, by the general assembly of Maryland, That it shall
and may be lawful for any person or persons, who are or may be interested
in such
bonds, to obtain copy or copies thereof, and to sue in his, her, or their
own name or
names, for the penalty of such bonds, in which suits it shall be sufficient
to declare
that such bond or bonds were made and passed to the obligee in such bonds
named,
whereby action accrued to the party suing the same, to have and demand
from
the obligor or obligors therein mentioned, the penalty in such bond mentioned,
and such proceeding shall be had thereon as will bring the matter in dispute
between
the parties fairly to issue, and judgment shall be given for the sum justly
due to the plaintiff. |
Persons interested
in bonds
may obtain
copies, &c. |
III. And be
it enacted, by the authority aforesaid, That all suits now
depending
upon such bonds, shall and may be proceeded on to judgment and execution,
in the name or names of the plaintiff or plaintiffs in the original writs
mentioned. |
Suits may be
proceeded on,
&c. |
IV. And be it
enacted, by the authority aforesaid, That the several and
respective
officers, who may have the keeping of such bonds, shall deliver copies
of the
same under seal to any person or persons who may apply for the same, he,
she or
they, paying to such officer therefor, the sum of ten shillings current
money.
And no suit upon any such bond shall abate by the death of the late proprietary. |
Officers to deliver
copies,
&c. |
V. And be it
enacted, That no plea of non est factum shall be received
in any
suit upon any administration, testamentary, sheriffs, or other public bonds,
unless
the same be verified by the affidavit of the party offering to plead the
same. |
No plea, &c.
to be received,
&c. |
CHAP. XXI.
An ACT for amending and declaring the law in the cases therein
mentioned. |
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WHEREAS by the act, entitled, An act causing grand
and petit jurors
to come to the provincial and county courts, and ascertaining their allowances,
it is among other things provided, that no person having
any matter of fact depending for trial in any court whatsoever, shall be
admitted
as a qualified juror, between party and party, during the sitting of such
court
that such matter of fact shall be, or shall be expected to be tried in: |
Preamble. |
II. Be it enacted
and declared, by the general assembly of Maryland, That no
verdict of a jury shall hereafter be set aside, nor judgment on any verdict
stayed,
arrested or reversed, by reason that any juror who tried the cause had
a matter of
fact depending for trial as aforesaid. |
No verdict to
be set aside,
&c. |
III. Provided
nevertheless, That it shall and may be lawful, to and for the
plaintiff or defendant, in any cause to be tried in any of the said courts,
to challenge
any juror by reason that such juror hath a matter of fact depending for
trial |
Proviso. |
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