| 1782.
CHAP.
XLI. |
LAWS of MARYLAND.
under this act may have full power to call on the justices of the said
county
court, or any other person or persons, other than the treasurer, for the
monies received,
or any part thereof that may be paid into the treasury by any of the supervisors,
or recover the same by a due course of law. |
Two may act,
&c. |
VIII. And be
it enacted, That any two or more of the commissioners appointed
by this act in either county, may execute the same, and shall receive all
monies or donations that may be given or subscribed by any person or persons
whatsoever, for the laying out, clearing and making the said road, which
monies,
when received, the commissioners shall apply for said purpose; and the
county
courts shall have power and authority to call on the commissioners of their
respective counties for the expenditure of the monies they may receive
for clearing
the said road. |
|
CHAP. XLII.
An ACT relating to forfeited recognizances, fines and forfeitures,
and judgments in treason. |
Governor may
remit forfeited
recognizances,
&c. |
BE it enacted,
by the general assembly of Maryland, That the governor, with
the advice of the council, may remit the whole or any part of any recognizance,
which hath been or may hereafter be forfeited, provided the case
of the person be stated in writing by the court before whom such recognizance
hath been or may hereafter be forfeited, and a recommendation be made for
a
remission of the whole or some part of the recognizance by one or more
of the
judges of the general court, or three or more of the justices of the county
court;
and the governor and council, or such of them as shall remit such recognizance,
or any part thereof, shall cause the case of the party to be entered at
large on the
proceedings of the council, and shall subscribe their names thereto. |
Persons may
appear and
plead, &c. |
II. And be it
enacted, That where any execution hath issued, or shall hereafter
issue, on any forfeited recognizance, against any person for not appearing
according
to the tenor of the recognizance, it shall and may be lawful for such person,
on the return of the execution, to appear, and plead in discharge thereof
any
plea which would have been good and sufficient upon a scire facias on
the said
recognizance, if a scire facias had been issued, and upon such plea
being determined
in favour of the person pleading the same, he shall be discharged from
the
said forfeiture; and any court, from which execution shall issue on any
recognizance
forfeited for not attending as a witness in any case not capital, may,
upon
motion, and good and sufficient cause fully shewn by such person, discharge
him
from the execution, upon such terms as the court shall think fit and proper;
provided
that such person shall not be discharged from such execution until
the trial
of the plea, unless he shall pay and satisfy the execution, or give bond
payable
to the state before the sheriff, or enter into recognizance in court, with
one good
and sufficient security, in double the forfeiture and costs due upon such
execution,
conditioned to appear and plead in discharge of the said execution, and
to abide
by and fulfil the judgment of the court thereupon. |
Governor may
remit fines,
&c. |
III. And be
it enacted, That the governor, with the advice of the council,
be authorised to remit the whole or any part of any fine, penalty or forfeiture,
heretofore imposed, or hereafter to be imposed, in any court of law; provided,
if
the fine, penalty or forfeiture, be certain, and not in the discretion
of the court,
that the case of the person be stated in writing by the court before whom
such
fine, penalty or forfeiture, shall be imposed, and a recommendation be
made for
a remission of the whole or some part thereof, by one or more of the judges
of
the general court, or three or more of the justices of the county court;
and the
governor and council, or such of them as shall remit such fine, penalty
or forfeiture,
or any part thereof, shall cause the case of the party to be entered at
large
on the proceedings of the council, and shall subscribe their names thereto. |
Not to grant
noli prosequi,
&c. |
IV. And be it
enacted, That no noli prosequi shall be granted by the governor,
in case of any prosecution by presentment or indictment, for the recovery
of any
fine, penalty, or forfeiture only. |
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