| 1789.
CHAP.
XLI. |
LAWS of MARYLAND.
may be, parties interested from the damage that might otherwise be occasioned
by such discontinuance, |
Actions, &c.
revived, &c. |
II. Be it enacted,
by the General Assembly of Maryland, That all actions,
suits and proceedings, depending in the said court, and undetermined at
the said
September term last, be and are hereby revived and continued to the next
county
court of Saint Mary's county to be held on the Monday before the fourth
Tuesday in March next, and that the said actions, suits, pleas and proceedings,
shall, at the next meeting of the said court to be holden as aforesaid,
be in the
same state and condition as if they had been lawfully continued by the
judgment
or order of the said court. |
| Proviso. |
III. Provided
always, That nothing in this act shall extend to affect or
make liable the bail or security for any person's appearance at the said
court held
in September last, in any suit, civil or criminal, unless in the case of
a person
under prosecution for any crime or misdemeanor a default was entered on
the recognizance
before the said discontinuance, or the sheriff was amerced before such
discontinuance for default of the defendant's appearance in any civil suit,
but
any recognizance entered into by the principal shall stand as an obligation
for
him to appear at the next meeting of the court, in the same manner
as if the
condition thereof were for his appearance at the next court, a default
and judgment may
be entered, and execution may be issued accordingly, or without calling
the said
recognizance it shall and may be in the discretion of the court to respite
the
same until the succeeding term. |
Judgments,
&c. made
good, &c. |
IV. And,
for removing doubts which may arise respecting the consequences
of the said court not having been held agreeable to its adjournment of
September
term last, Be it enacted, That all
judgments, rules and orders, made and rendered
before the said discontinuance, shall be good and valid, according to the
intent and purpose thereof, and that writs of execution may be taken out
as
usual at the end of a term, returnable at the next meeting of the said
court; and
that all writs of execution already taken out shall be good and effectual
as if the
said discontinuance had never happened, under the following limitation
and restriction,
to wit: That any judgment so rendered may be set aside or altered
by
the said court at their next meeting appointed by law, for any cause that
would
have been sufficient to set aside or alter the same, upon application
or motion at
September term last; and if any writ of execution, returnable to the said
court
the Monday before the first Tuesday in September last, was returned
executed,
agreeably to the command thereof, and the said writ and return was not
called
and considered before the said discontinuance, it shall be lawful for the
plaintiff
or plaintiffs to renew the same, returnable at the next meeting of the
court, and
the new writ shall be good and effectual; and if any writ hath already
been renewed,
returnable at the next meeting of the court, the said new writ shall also
be good and effectual. |
Passed December
25. |
CHAP. XLII.
An ACT relating to writs of capias ad satisfaciendum. |
| Preamble. |
WHEREAS plaintiffs are often willing to grant indulgence
to defendants
arrested on writs of capias ad satisfaciendum, but doubts have
arisen whether such indulgence can be granted without depriving the
plaintiffs of the benefit of any further execution; |
Provision in
case of a writ
of capias ad satisfaciendum,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That in case any writ
of capias ad satisfaciendum hath been or shall be issued out of
the general court, or
any county court of this state, on which there hath been or shall be an
arrest of
the defendant or defendants, if the plaintiff or plaintiffs, with the consent
of the
defendant or defendants, have elected or shall elect not to call the said
execution
during the term to which it was or may be returnable, it shall and may
be lawful
for every such plaintiff or plaintiffs to proceed against every such defendant
or
defendants, and his, her or their heirs, devisees, executors or administrators,
by |
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