| 1785.
CHAP.
LXXX. |
LAWS of MARYLAND.
parties to be audited and stated by an auditor or auditors to be appointed
by such court, and there shall be such proceedings thereon as in cases
of
actions of accounts. |
In actions on
bond, &c. jury
may find
the sum due,
&c. |
XIII. And be
it enacted, That in all cases of actions brought for the
penalty of any bond, bill, covenant or contract, with penalty, the jury
may, under the direction of the court, upon the plea of payment, or performance
of the condition or terms of the contract, ascertain, and by
their verdict find, what sum of money or tobacco is really and justly
due
to the plaintiff, and upon such finding, judgment shall be entered by the
court for the penalty to be released upon payment of the sum of money
or tobacco so found to be due, and interest on the same until paid, and
costs
of suit; and the sum really due as aforesaid, or in any other manner
ascertained, upon bonds and other instruments of writing with penalty,
shall be considered in law as the true debt, and shall be so pleaded by
and
allowed to executors, administrators, and others. |
In cases of replevins,
court
may inquire
into circumstances,
&c. |
XIV. And be
it enacted, That in all cases of replevins hereafter to be
issued and executed, the court to which such replevins are returned, respectively,
shall have full power and authority, upon a motion being made by
the defendant for a return of the property taken in consequence of such
replevins, to inquire into the circumstances and manner of the defendant's
obtaining possession of such property, and if it shall appear that such
possession
was forcibly or fraudulently obtained, or that the possession first
being in the plaintiff was got or retained by the defendant, without
proper
authority or right derived from the plaintiff, then the court may refuse
to
order a return to the defendant until a judgment is given in the action. |
Passed March
11. |
CHAP. LXXXI.
An ACT respecting surplus lands. |
No caution
money shall
be required,
&c. |
BE it enacted,
by the General Assembly of Maryland, That no caution
or composition money shall be required for any surplus land on
any certificate now or hereafter to be returned on resurvey of any
tract or part of a tract of land granted before the first day of January
seventeen
hundred and seventy-seven. |
Passed March
11. |
CHAP. LXXXII.
An ACT to establish a supplementary fund to raise the sum
of money required of this state by the resolve of
congress of
the eighteenth of April seventeen hundred and eighty-three. |
| Preamble. |
WHEREAS congress, by their resolve of the eighteenth
of
April seventeen hundred and eighty-three, recommended to
the several states to establish for a term limited to twenty-five
years, and to appropriate to the discharge of the interest and principal
of
the debts contracted on the faith of the United States for supporting the
late war, substantial and effectual revenues for supplying their respective
proportions of one million five hundred thousand dollars annually, exclusive
of the duties also mentioned in the said resolve, and this general assembly
are convinced of the necessity of enabling congress to support the
federal faith and union; |
A tax of 10f
imposed on
every £. 100,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That a tax or
assessment of ten shillings current money shall be and hereby is imposed
on every hundred pounds worth of property within this state, as the same
shall be estimated for the purpose of laying the public tax or assessment,
and the same shall take place and commence as soon as twelve states, including |
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