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WILLIAM SMALLWOOD, Esq; Governor.
V. And be it
enacted, That in cases of appeals prosecuted, or writs
of error brought, before the court of appeals by the plaintiff upon
a bill
or bills of exception taken by the plaintiff, and the judgment excepted
to
shall be reversed, and it shall appear to the court proper and necessary
that the fact should be tried under such judgment and direction as
to them
appears legal, that it shall and may be lawful for such court to issue
a
venire to the sheriffs of Anne-Arundel, Prince-George's, and Baltimore
counties, respectively, returnable at the next court, to summon and
cause
to come before them, six good and lawful men of their respective counties,
to try the facts in such cause, and the twelve of such jurors to try
the
facts shall be elected by ballot under the direction of the said court,
and
there shall be such remedy against the sheriffs aforesaid to compel
obedience
to the process, and such process to compel the jurors so summoned
to attend, and such fine for non-attendance, as in case of process
issued
from, and jurors summoned to attend, the general court, and the said
court of appeals shall have the same power to issue tales in case a
sufficient
number of the jurors so summoned do not appear to try the facts in
the
cause as the general court hath; and the facts shall be tried before
the
court of appeals, and such judgment given by the curt as shall appear
legal, and execution shall and may issue from the court of appeals
upon
such judgment, and shall be served and returned, in all cases, in the
same
manner, and to the same purposes and effects, as executions upon judgements
of the general court in similar cases. |
1785.
CHAP.
LXXX.
In cases of appeals
or writs
of error, court
may issue a
venire, &c. |
VI. And be it
enacted, That in all cases of appeals, or writs of error,
hereafter brought or prosecuted by any defendant or person grieved
by
any judgment, and the judgment of the inferior court, upon the merits
of
the question between the parties and not upon the form of proceeding,
be
reversed, the court reversing such judgment shall award costs incurred
by
the defendant, or person grieved by such judgment, both in the superior
or inferior courts, to be paid by the plaintiff or person against whom
such
writ of error and appeal shall be prosecuted, and judgment shall be
entered
in the court determining such appeal or writ of error, for the costs
aforesaid,
and execution may issue for the same from such court. |
On appeals,
&c. by defendant,
court
may award
costs, &c. |
VII. And be
it enacted, That in the payment of the debts of deceased
persons, hereafter to be contracted, no creditor shall be entitled
to any
priority, except such as have judgment against the deceased, nor shall
any
preference be given to creditors in equal degree by the executor or
administrator;
and all executors or administrators, in paying the debts of the
deceased hereafter to be contracted, shall observe the following rules
where
it is apprehended the deceased has not left personal estate sufficient
to satisfy
the debts due by him, to wit: To pay no debt until the end of
twelve months after the death of the deceased, to advertise publicly
in all
places within this and the other United States where any creditor or
creditors
of the deceased is or are supposed to reside, for all creditors to
appear
on a certain day, within six weeks after the expiration of the twelve
months aforesaid, and at a certain place to be mentioned in such advertisements,
with their claims against the deceased properly authenticated, at
which time, or as soon thereafter as can be, the executor or administrator
shall first discharge all judgments against the deceased, if there
be assets
sufficient in his hands for this purpose, and if not, and there be
more
judgments than one, a proportionable division of the assets shall be
made
between the judgment creditors; and if there be no debts on judgment,
or a surplus of assets after paying the judgment, then the executor
or administrator
shall divide the assets in his hands equally between all other
creditors without priority or preference; and if the executor or administrator
judges it reasonable to dispute or litigate any claim brought against
such estate as aforesaid, he may retain in his hands assets sufficient
to discharge |
In payment of
debts of deceased
persons
no preference
to be given,
&c. |
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