1787.
Passed May
15. |
LAWS of MARYLAND.
CHAP. XV.
An ACT for the relief of Robert Peacock. |
| Preamble. |
WHEREAS the said Robert Peacock, by his petition
to this general
assembly, hath set forth, that in the year seventeen hundred and seventy-five,
he intermarried with a certain Elizabeth Cooper, of Talbot
county, who, before the solemnization of the said marriage, conveyed unto
the said Robert Peacock her whole estate, both real and personal; that
the said
Robert Peacock soon after left this country, with an intention to return
after settling
some business in Scotland, but was prevented by the commencement of the
late war: And whereas it appears by testimonials from sundry persons
who were prisoners
in Scotland, that the said Robert Peacock manifested the warmest attachment
to the United States, by repeated instances of friendly services to distressed
prisoners
of America, when in captivity in Scotland, by advancing them money, and
kindly entertaining them at his own house: And whereas it also appears,
that
the said property o the said Robert Peacock, when exposed to sale as confiscated
property, was purchased by William Perry for the use and benefit of the
said
Robert Peacock, and that the said William Perry is willing to give up the
said
property, provided the bond he gave at the time of sale, is declared null
and
void; and this general assembly deeming such distinguished attachment to
the
United States in the said Robert Peacock, worthy of the interposition of
the
legislature; therefore, |
Property restored,
&c. |
II. Be it enacted,
by the general assembly of Maryland, That the property
formerly belonging to the said Robert Peacock, be and is hereby restored
to him,
and the bond given by the said William Perry, to secure the payment of
the purchase
money for the said property, be and is hereby declared null and void;
provided,
that the said Robert Peacock pay all expences, if any, attending the sale
of the said property, any law to the contrary notwithstanding. |
Passed May
15. |
CHAP. XVI.
A Supplement to the act for the speedy recovery of small debts
out of court. |
| Preamble. |
WHEREAS by the said act the sums of money and tobacco
recoverable
before one justice of the peace, are too small for the purpose of relieving
suitors from the heavy expence in attending the courts of
justice, and this general assembly being desirous of giving every relief
in their power; |
Sums extended,
&c. |
II. Be it enacted,
by the general assembly of Maryland, That the said sums be
extended to ten pounds current money, and one thousand pounds of tobacco;
that in all cases, from and after the first day of June next, where the
real debt
or damage doth not exceed the aforesaid sums of money or tobacco, any one
justice of the peace for each respective county wherein the debtor
doth reside,
may try, hear and determine, the matter of controversy between the creditor
and
debtor, agreeable to the manner and mode pointed out in the said act, any
thing
in the said act to the contrary notwithstanding. |
| Proviso. |
III. Provided
always, and be it enacted, That execution shall not issue on
any judgment given for any sum above five pounds current money, or
five hundred
pounds of tobacco, until the end of one year after the first return of
the warrant,
the debtor giving special bail before the said magistrate, if required
by the
creditor, and the creditor shall be entitled to receive legal interest
on the judgment
until the same is satisfied and paid off. |
Either party
may appeal,
&c. |
IV. And be it
enacted, That either plaintiff or defendant (where they shall
think themselves aggrieved) may appeal to the next county court in manner
directed by the said act, whenever the debt or damages doth exceed forty
shillings
current money, or two hundred pounds of tobacco, and either of the said
parties may demand a trial by jury, or leave the cause to be determine
by the
court at their election, so that the cause shall be reheard and finally
determined
the first or second court after the appeal. |
|
 |
