| 1790.
CHAP.
V. |
LAWS of MARYLAND.
by the books of the said company to belong to him at the time or times
when such loss or losses shall be sustained. |
When persons
refuse to pay,
president to
make a demand,
&c. |
XIII. And,
whereas it is absolutely necessary that debts due to the said bank
should be punctually paid, to enable the directors to calculate with
certainty and
precision on meeting the demands that may be made upon them, Be
it enacted,
That whenever any person or persons are indebted to the said bank for monies
borrowed by them, or for bonds, bills or notes, given or endorsed by them,
with
an express consent in writing that they may be made negotiable at the said
bank,
and shall refuse or neglect to make payment at the time the same may become
due, the president shall cause a demand of payment to be made, in writing,
on
the person of the said delinquent or delinquents having consented as aforesaid,
or
if not to be found, have the same left at his last place of abode, and
if the money
so due shall not be paid within ten days after such demand made, or notice
left at
his last place of abode as aforesaid, it shall and may be lawful for the
president
for the time being, at his election, to write to the clerk of the general
court, or
of the county in which the said defaulter or defaulters shall reside, or
did at the
time he or they contracted the debt reside, and send to the said clerk
the bond,
bill, or note due, with proof of the demand made as aforesaid, and order
the said
clerk to issue capias ad satisfaciendum, fieri facias or attachment,
by way of execution,
on which the debt and costs may be levied, by selling the property of
the defendant for the sum or sums of money mentioned in the said bond,
bill or
note; and the clerk of the general court, and the clerks of the several
county
courts, are hereby respectively required to issue such execution or executions,
which shall be made returnable to the court whose clerk shall issue the
same,
which shall first sit after the issuing thereof, and shall be as valid
and effectual in
law, to all intents and purposes, as if the same had issued on judgment
regularly
obtained according to the common and ordinary course of proceeding in the
said
court, and such execution or executions shall not be liable to be stayed
or delayed
by any supersedeas, writ of error, appeal, or injunction from the chancellor:
Provided always, that before any execution or executions shall issue
as aforesaid, the
president of the bank shall make an oath, (or affirmation if he shall be
of such religious
society as are allowed by the laws of this state to make affirmation,)
ascertaining
whether the whole or what part of the debt due on the said bond, bill or
note,
is due; which said oath or affirmation shall be filed in the office of
the clerk of the
court from which the execution shall issue; and if the defendant shall
dispute the
whole or any part of the said debt on the return of the execution, the
court before
whom it is returned may order an issue to be joined, and trial to be had
the
same court at which the return is made, and make such other proceedings
that
justice may be done in the speediest manner. |
Persons forging
notes, adjudged
felons,
&c. |
XIV. And be
it enacted, That if any person or persons shall, within this state,
forge or counterfeit any of the notes or checks of the said bank, or pay
or tender
in payment, or in any manner pass or offer to pass, such forged or counterfeited
note or check, knowing them to be forged or counterfeited, and shall thereof
be
convicted in any court of law within this state, he or they shall be adjudged
a felon,
and suffer such punishment as shall be adjudged him by said court, so as
the same do not extend to death, or more than seven years servitude. |
Passed December
14. |
CHAP. VI.
An ACT to enable Richard Tilghman Earle to sell and convey
certain property of his deceased father Richard Tilghman Earle. |
| Preamble. |
WHEREAS Richard Tilghman Earle, of Queen-Anne's
county, by
his humble petition to this general assembly, hath set forth, that
Richard Tilghman Earle, his deceased father, was, in his lifetime,
seized in fee of several parts of tracts of land lying in Queen-Anne's
county,
called Providence, Crump's Forest, Upper Heathworth, Okenthorpe, and Tom's
Fancy Enlarged, and of fourteen hundred and seventy-five acres of land
lying in
Caroline county, which he bought of a certain William Banks, and that,
by his
last will and testament, he empowered his executors to sell and convey
the aforesaid |
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