| 1785.
CHAP.
XXXIII. |
LAWS of MARYLAND.
in the said town, as they, or a major part of them, shall think
necessary. |
Passed Mar. 2. |
CHAP. XXXIV.
An ACT relating to replevins. |
| Preamble. |
WHEREAS the clerks of the county courts, in several
of the
counties of this state, have issued writs of replevin in cases
where property hath been taken in execution for public dues
and taxes, whereby the collection of the said public dues and taxes hath
been much impeded, to the great injury of the state and individuals; |
No writ of replevin
shall issue,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That in every
case of money, or other thing, due the public, for satisfaction of which
there shall be any distress or execution of property, by any officer or
person
authorised by law so to do, no writ of replevin shall issue, or be
maintainable
in law. |
Persons applying
for a
writ of replevin
to make
oath, &c. |
III. And be
it enacted, That from and after the first day of March
next, every person applying for a writ of replevin to a clerk of the general
court, or the clerk of any county court, against any collector, public
officer, or person authorised by law to collect any public dues or taxes,
shall, if required so to do by the clerk applied to, make oath or affirmation,
as the case may require, that the property, for the delivery of which
he demands the said writ of replevin, hath not been distrained or taken
in
execution on account of any public dues or taxes. |
Penalty on
clerk for neglect,
&c. |
IV. And be it
enacted, That if any clerk shall neglect to enquire as
aforesaid, or after the party applying has refused to make such oath or
affirmation,
shall issue a writ of replevin, upon such application, such clerk
shall forfeit and pay one hundred pounds current money. |
No sheriff, &c.
to serve writ,
&c. |
V. And be it
enacted, That no sheriff, coroner, or other public officer,
shall serve or execute any writ of replevin, issued contrary to the directions
of this act; and if any sheriff, coroner, or other public officer, after
the
first day of March next, shall serve or execute any writ of replevin, knowing
that the property mentioned and specified in such writ hath been taken
and remains in execution for public dues or taxes, such sheriff, coroner,
or other public officer, so offending, shall forfeit and pay one hundred
pounds current money. |
Court may
quash writ,
&c. |
VI. And be it
enacted, That if any writ of replevin, issued or to be issued
contrary to the directions of this act, be served, the court to which
such writ shall be returned, shall at the first court, upon motion and
inquiry
in a summary manner, quash such writ, and nonsuit the plaintiff,
and shall give judgment for treble costs to be paid by such plaintiff to
the
defendant. |
Passed Mar. 2. |
CHAP. XXXV.
An ACT to repeal part of the act concerning marriages. |
Part of an act
repealed, &c. |
BE it enacted,
by the General Assembly of Maryland, That so much of
the act of assembly, entitled, An act concerning marriages, as
prohibits and declares void marriages between persons related
within the following degrees of affinity, to wit: A man with his
father's
brother's wife, mother's brother's wife, wife's father's sister, wife's
mother's
sister, brother's son's wife, sister's son's wife, wife's brother's daughter,
wife's sister's daughter; a woman with her father's sister's husband,
mother's sister's husband, husband's father's brother, husband's mother's |
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