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GEORGE PLATER, Esquire, Governor.
of tobacco; and after the expiration of the time limited in such confession,
it
shall be lawful to take out execution thereon without any scire facias,
or any
other delay, against either the principal or the security, or all or either
of them,
for such judgment so confessed as aforesaid, any law, usage or custom,
to the
contrary in anywise notwithstanding. |
1791.
CHAP.
LXVII. |
V. And be it
enacted, That from and after the tenth day of May aforesaid, an
act for stay of execution after the tenth day of May yearly, passed in
the year
seventeen hundred and fifteen, and all supplementary acts thereto, shall
be and
they are hereby repealed, and also the fourth, fifth, and sixth sections
of an act,
entitled, A Supplementary act to the act for relieving the inhabitants
of this
province from some aggrievances in the prosecution of suits at law, passed
in
seventeen hundred and twenty-eight: Provided always, that after the
said tenth
day of May the same proceedings may be had, in all respects, upon any judgments
confessed before the said tenth day of May, under and in virtue of the
said acts,
or any of them, and such judgments shall be as good and effectual, to all
intents
and purposes, as if this act had not been passed. |
Acts repealed. |
VI. Provided,
That nothing in this act contained shall affect any judgment of
obtained, or to be obtained, or any execution issued, or to be issued,
by virtue of
the act, entitled, An act to establish a bank in Baltimore-town. |
Proviso. |
CHAP. LXVIII.
An ACT for the speedy recovery of small debts out of court, and
to repeal the acts of assembly therein mentioned. |
Passed December
29. |
BE it enacted,
by the General Assembly of Maryland, That from and after
the first day of March next, in all cases where the real debt or damage
doth not exceed ten pounds current money, or one thousand pounds of
tobacco, it shall and may be lawful for any one justice of the peace
of each
respective county wherein the debtor doth reside, to try, hear and determine,
the
matter of controversy between the creditor and debtor, and upon full
hearing of
the allegations and evidences of both parties, to give judgment according
to the
laws of the land, and the equity and right of the matter, and, if need
be, charge
the constable with the body of the debtor in execution, who is hereby obliged
and
empowered to carry the person so committed to the sheriff of the county,
together
with a certificate or mittimus from such justice, wherein shall be certified
the
debt and cost whereof such person shall be convict, by him to be safely
kept until
satisfaction or other end thereof; or otherwise, that such justice, or
any other
justice of the peace for the same county, shall, within one year from the
time of
the rendition of said judgment, award execution thereon, (directed to the
sheriff
of the county where the defendant resides) by warrant by mittimus, in the
nature
of capias ad satisfaciendum, fieri facias, or otherwise; and
that in case, upon the
return of any warrant, on any complaint, issued by any such justice, it
shall appear
that the person against whom the same shall issue is not to be found, it
shall
and may be lawful for the creditor to proceed in the several and respective
county
court, for obtaining an attachment, according to the directions of the
act for
issuing out attachments in this province, and limiting the extent of them,
against
the goods, chattels and credits, of such person, for any sum exceeding
ten shillings
or fifty pounds of tobacco, any act or acts to the contrary notwithstanding. |
One justice
may try matters
of controversy
not exceeding
ten
pounds, &c. |
II. And,
whereas frequently witnesses may be wanting, or the parties not
prepared to make good their allegations immediately on the appearance
of a
defendant, so that a further time may be necessary to examine into the
matter of
controversy, Be it enacted, That
when any defendant shall be brought on warrant
before any justice of the peace, such justice may, if he in his discretion
shall
think fit, give and allow to such defendant a future certain day, not exceeding
fourteen days, to appear before such justice, or any other justice of the
same
county, at a certain place to be appointed, to answer unto such warrant,
such
defendant giving good and sufficient security, if such justice shall award
it necessary,
by way of recognizance, in the nature of bail, for the defendant's appearance |
And may allow
a future
day, &c. |
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