| 1791.
CHAP.
LXVIII. |
LAWS of MARYLAND.
at the time and place appointed, and paying what he shall be condemned
in on
the said warrant, or surrendering his person to prison in satisfaction
thereof, or in
default of the defendant's giving such security, to commit such defendant
to the
constable, to be delivered over to the sheriff's custody till he give such
bail; and
if the defendant shall not appear at the time and place appointed,
judgment may
be rendered against him on such default, or on an ex part hearing,
if the justice
does not see cause to the contrary; and if judgment shall be in any manner
rendered
against the principal debtor, and he does not pay such condemnation, or
render himself on execution, to be issued returnable at the end of forty
days from
the issuing thereof, a warrant shall and may be issued, and recovery and
execution
had, against such bail, in the same manner as against principal debtors,
saving
to such bail all manner of defence that special bail in courts of law are
entitled
to on the return of the first or second scire facias, and the liberty
of delivering up
the principal debtor, on return of such warrant, on payment of costs on
the
same warrant. |
Constable to
give notice to
the plaintiff,
&c. |
III. And be
it enacted, That the constable shall give notice to the plaintiff,
or his agent, where either of them lives in the same hundred, of the time
and
place he intends to carry the defendant before a justice; and, in case
neither the
plaintiff, having notice as aforesaid, nor any person for him, nor
the plaintiff, nor
any person for him, when such plaintiff lives out of the said hundred,
and hath
not appointed any agent in that business, with or without notice, shall
appear on
the return of the warrant, or shall make default in not appearing at the
time and
place appointed, when there shall be an appointment by the justice of a
future
day for an hearing, the justice before whom any defendant shall be brought
on a
warrant as aforesaid, or before whom he shall appear on an appointment
as
aforesaid, may, in his discretion, hear and determine the matter of controversy
ex parte. |
Persons aggrieved
may
appeal, &c. |
IV. And be it
enacted, That in all cases where the debt or demand doth
exceed twenty shillings current money, or one hundred pounds of tobacco,
and
either plaintiff or defendant shall think him or herself aggrieved
by the judgment
of any magistrate, he or she shall be at liberty to appeal to the next
county court,
before the justices thereof, who are hereby, upon the petition of the appellant,
in a summary way, empowered and directed to hear the allegations and proofs
of
both parties, and determine upon the same according to the law of the land,
and
the equity and right of the matter, the same court in which the said petition
shall be exhibited, without any further continuance or delay, unless it
shall appear
to the satisfaction of the said court that further time ought to be given
to the party
applying for the same, to enable the said court to determine the cause
according to
the law of the land, and the equity and right of the matter, or either
of the said
parties may demand a trial by jury, or leave the cause to be determined
by the
court, at their election. |
No execution
to be strayed
unless bond is
given, &c. |
V. And be it
enacted, That no execution upon judgment to be rendered by
any justice, shall be stayed or delayed, or any supersedeas
upon such judgment
granted upon any appeal, unless the person appealing, or some other on
his or
her behalf, shall, immediately upon making such appeal, enter into bond,
with
sufficient sureties, such as the justice by whom judgment shall be given
shall
approve of, in double the sum recovered, with condition, " That if the
party
appealing shall not prosecute his appeal at the next county court with
effect, according
to the directions of the act, entitled, An act for the speedy recovery
of
small debts out of court, and to repeal the acts of assembly therein mentioned,
and also pay and satisfy the party in whose behalf the judgment of
the justice shall
be given, his executors, administrators or assigns, in case the said judgment
shall
be affirmed, as well the debt, damage and cost, adjudged by the justice
from
whose judgment such appeal shall be made, as also all cost and damage that
shall
be awarded by the court before whom such appeal shall be heard, tried and
determined, then the said bond to be and remain in full force and virtue,
otherwise
to be of none effect." |
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