| 1774. |
3 HENRY HARFORD, Esq;
CHAP. III.
An ACT to repeal an act
against engrossers and regrators. |
| An act repealed. |
BE it enacted,
by
the right honourable the lord proprietary, by and with the advice
and consent of his governor, and the upper and lower houses of assembly,
and the authority of the same, That an act of assembly, made
at a session of
assembly, begin and held at the city of Annapolis, on the fifth day
of September,
One thousand seven hundred and four, entitled, An act against engrossers
and regrators,
be and is hereby repealed, abrogated, and made null and void. |
|
CHAP. IV.
An ACT for the relief of Benjamin Harris of Frederick
county. PR. |
|
CHAP. V.
An ACT for abolishing June county courts. |
| Preamble. |
WHEREAS it is by experience found, that the county
court held in the
month of June within this province, is very prejudicial, and of great
hindrance to the necessary business of the people in that season of
the
year; for remedy whereof for the future, |
June courts
abolished. |
II. Be it enacted,
by
the right honourable the lord proprietary, by and with the
advice and consent of his governor, and the upper and lower houses
of assembly, and
and the authority of the same, That June court, heretofore held
in every county, be and
is hereby discontinued and abolished, and that every matter or thing,
directed and
required, by any law of this province, to be done, used and practised,
at June
court, shall, for the future, be done, used and practised, at the August
court in
every county, as fully and effectually, to all intents, constructions
and purposes, as
the same hath hitherto been done, used and practised, at June court
aforesaid, any
law, usage or custom, to the contrary thereof in anywise notwithstanding. |
How long actions
may be
continued. |
III. And,
whereas by the discontinuing and abolishing June court, it is thought
reasonable that the time for limiting the continuance of actions in the
several and
respective county courts within this province should be shortened, Be
it therefore
enacted, That all actions commenced or to be commenced in any county
court of
this province, may be continued to the end of the third court after the
appearance
court, and no longer, unless it shall appear by affidavit, to the satisfaction
of the
court, that testimony material in such suit is really wanting, and that
the party alleging
the same to be wanting, or his attorney or agent, hath used his reasonable
endeavours for procuring such witness or testimony, any former law, usage
or custom,
to the contrary thereof notwithstanding. |
When courts
are to be held
on certain
counties, &c. |
IV. And,
whereas from the increase of civil business in Charles, Talbot, Saint-Mary's,
Baltimore, and Kent counties, it is thought proper that the days appointed
by law for the holding of the county courts for the said counties be altered;
Be it therefore enacted, That for
the future the county court for Baltimore, Talbot,
and Saint-Mary's counties, shall be held on the Monday before the first
Tuesday
in the months of March, August and November, yearly; for Charles county,
on the Monday before the second Tuesday of the said months; and for Kent
county,
on the Monday before the third Tuesday of the said months; and that all
actions,
process and proceedings, as well criminal as civil, which are depending
and undetermined
in the said county courts, or returnable to the first, second and third
Tuesdays in June next, shall be construed, judged and taken, to be in the
same situation,
state and condition, on the Monday before the first, second and third
Tuesdays in August next, as they would be on the first, second and third
Tuesdays
in June next: And the justices of the said county courts for the
time being
may, on the Mondays before the first, second and third Tuesdays of August
next,
proceed to the hearing and determining all actions, process and proceedings,
respectively,
as the case may require, as fully and effectually, to all intents, constructions
and purposes whatsoever, as the justices of the said county courts could
or might lawfully do on the first, second and third Tuesdays of June next,
any
law, usage or custom, to the contrary thereof notwithstanding. |
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