| 1785.
Passed March
11. |
LAWS of MARYLAND.
CHAP. LXXIX.
An ACT for the relief of John Stevens, of Dorchester county,
late collector of the tax. |
| Preamble. |
WHEREAS t has been represented to this general assembly,
by the petition of John Stevens, late collector of Dorchester
county, that the commissioners of the said county, from a misconception
of the act for establishing funds to secure the punctual payment
of the principal and interest of the state debt, did not include, in
the assessment to be paid by each person, the additional tax of two shillings
and six-pence, imposed by the act aforesaid, by means whereof the
said John Stevens is liable to be sued upon his bond, and to pay heavy
penalties for not collecting the tax aforesaid, which appears to this general
assembly unreasonable and unjust; therefore, |
No process
shall issue, &c. |
II. Be it enacted,
by the General Assembly of Maryland, That no process
shall issue upon the bond of the said John Stevens for not collecting the
said tax of two shillings and six-pence aforesaid, and that he be and
hereby is indemnified and saved harmless from any penalties incurred by
not having made the collection aforesaid. |
Commissioners
to add the
2f6, &c.. |
III. And be
it enacted, That the commissioners of the county aforesaid
are hereby authorised and directed, after rating what each person is to
pay according to the valuation of his property for the last year, to
add in
the assessment to be paid by each person for the year seventeen hundred
and eighty-six the two shillings and six-pence aforesaid; and the collector
for the said year for the county aforesaid, shall collect and pay the said
tax at the same time and under the same penalties he is bound to collect
and pay other public money. |
Passed March
11. |
CHAP. LXXX.
An ACT to alter and amend the law in certain cases. |
No action
shall abate by
the death of
either party,
&c. |
BE it enacted,
by the General Assembly of Maryland, That no action
brought or to be brought, in any court of law in this state, shall
abate by the death of either of the parties to such action, but upon
the death of any defendant, in a case where the action by such death
would have abated before this act, the action shall be continued, and the
heir, devisee, executor or administrator, of the defendant, as the case
may
require, or other person interested on the part of the defendant, may appear
to such action, and in case the action be brought to recover possession
of any lands, tenements or hereditaments, and the proper person to defend
doth not appear at the court at which the death is suggested, the
plaintiff may issue a summon, returnable to the next court, directed to
the heir or devisee of the deceased, or tenant in possession, or other
proper
person to defend in such action, as the case may require, or in case the
action
be brought to recover personal chattels, debt or damages, and the executor,
administrator, or other proper person to defend, doth not appear to
such action at the court at which the death is suggested, the plaintiff
may
issue a summon, returnable to the next court, directed to the executor
or
administrator of the deceased, or tenant in possession, or other proper
person to defend in such action, as the case may require, or in case the
action
be brought to recover personal chattels, debt or damages, and the executor,
administrator, or other proper person to defend, doth not appear to
such action at the court at which the death is suggested, the plaintiff
may
issue a summon, returnable to the next court, directed to the executor
or
administrator of the deceased, or other proper person to defend such
action, to appear; and upon any summon, issued as aforesaid, being served,
the person or persons summoned shall appear to such action, either in proper
person, or by attorney, and if it shall appear to the court that a summon
to appear and defend, taken out as aforesaid, hath been served upon
the proper person or persons to defend such suit, and that such person
or
persons neglect or refuse to appear, the court may and shall issue an attachment
of contempt against such person or persons, and compel him,
her or them, to appear to such suit, and if any person, being summoned |
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