|
ROBERT EDEN, Esq; Governor.
V. And be it
enacted, by the authority aforesaid, That upon appeal to
his Majesty
in council from any judgment or decree which shall be rendered or given
in
the court of appeals of this province, whereupon security shall be given
for prosecuting
such appeal, in case the appellant or appellants shall be given for prosecuting
such appeal, in case the appellant or appellants shall not lodge in the
said
court of appeals of this province a certificate of the clerk of his majesty's
council,
or other proper officer thereof, or other sufficient proof, making it appear
that the
record of the judgment or decree appealed from had been lodged with or
delivered
unto the clerk of his majesty's council, or other proper officer thereof,
in twelve
months after such appeal obtained to his majesty in council, then, and
in such
case, the appeal bond of the appellant or appellants, and of his, her or
their sureties
therein, shall be liable to be put in suit for such default, upon the application
of the appellee or appellees for that purpose. |
1773.
CHAP.
VII.
A certificate
of the clerk of
his majesty's
council to be
lodged in the
court of appeals,
&c. |
VI. Provided
always, That if the appellant or appellants aforesaid shall, within
the said twelve months, make appear or disclose such matters as may make
it
reasonable to grant him, her or them, a further time for lodging or delivering
the
record aforesaid, in manner aforesaid, then, and in such case, the court
of appeals
of this province may, on the application of the appellant or appellants,
grant to
him, her or them, such further time as to the said court shall seem to
be reasonable
upon the circumstances of such case; and when a further time for the purpose
aforesaid, upon such application as aforesaid, shall be granted, in such
case
the appeal bond aforesaid shall not, in virtue of this act, be liable to
be put in suit,
until the said further time shall have expired, and the rule or order of
the said
court of appeals of this province, granting such further time, shall not
have been
performed by the appellant or appellants. |
Proviso. |
VII. And be
it enacted, by the authority aforesaid, That it shall and
may be lawful
for the justices of the provincial court, or any county court, upon application
made to them in court, by any party or parties in or to any action or civil
suit depending,
or that shall be depending before them, and upon satisfaction being given
to such court, by affidavit or otherwise, that there are material and competent
witnesses
in such case residing or living out of this province, to direct the clerk
of
such court to issue a commission for taking the depositions or affidavits
of such
witnesses; and that such commission shall issue, and the commissioners
shall be
appointed and qualified, and such interrogatories be proposed or exhibited,
and such
commission be executed and returned, and the depositions or affidavits
taken in
pursuance thereof, shall be published in the same manner and form as in
the case of
commission issuing out of this province; and the depositions or affidavits
which
shall be duly made and taken in virtue of any commission which shall issue
in
pursuance of this act, or copies thereof duly attested, shall be admitted
in evidence
at the trial of the cause. |
Witnesses residing
out of
the province,
justices to direct
a commission
for taking depositions,
&c. |
VIII. This act to continue for and during
the term of seven years, and until
the end of the next session of assembly, which shall happen thereafter.
Continued for seven years, &c.
by the act of May, 1781, ch. 29. |
Continuance. |
CHAP. VIII.
An ACT to confirm a lease made by Thomas Harrison of Baltimore
county, for part of a lot of land therein mentioned,
to the
commissioners of Baltimore-town and their successors. |
|
WHEREAS it is represented to this general assembly,
that the inhabitants
of the said town have obtained a lease from a certain Thomas
Harrison, to William Lyon, Nicholas Ruxton Gay, John Moale, and
Andrew Buchanan, to and in the name of a majority of the commissioners
of
the said town, bearing date the fourth day of June, seventeen hundred and
sixty-three,
for part of a lot of land in the said town, distinguished in the plat thereof
by the number seventy-one, for and during the term of ninety-nine years,
under
the yearly rent of eight pounds sterling money, with a covenant therein
contained
on the part of the said Thomas Harrison, for the renewment of the said
lease, at |
Preamble. |
|
 |
