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GEORGE PLATER, Esquire, Governor.
CHAP. LXXV.
An ACT concerning petitions for freedom. |
1791.
Passed December
30. |
BE it enacted,
by the General Assembly of Maryland, That in all cases of
petitions for freedom now depending in any court of law in this state,
except on appeal, where a similar petition or petitions, at the suit
of the
same party or parties, has or have been before filed and dismissed, the
court before
whom such petition or petitions are depending shall order a stay of all
proceedings
until the costs of the former petition or petitions, and all reasonable
demands and expences sustained or incurred by the defendant or defendants
therein, to be ascertained by the court, shall have been paid, or secured
to be
paid, provided it shall appear to the satisfaction of such court that such
petitioner
has been or is supported in his claim to freedom by any other free person
besides
the council appearing in his behalf. |
Proceedings
on petitions
now depending,
in certain
cases to be
stayed, &c. |
II. And be it
enacted, That in case the said costs, damages and expences,
shall not be paid within six months after the court shall have ordered
a stay of
proceedings, and ascertained the said damages and expences as aforesaid,
the defendant
or defendants in such petition or petitions so as aforesaid depending,
and
his, her, or their securities, shall be discharged from any recognizance
by him,
her or them, entered into, in consequence of such petition or petitions
being
filed. |
If costs are not
paid, defendant
to be discharged,
&c. |
III. And be
it enacted, That if any petition for freedom shall hereafter be
filed in any court of law in this state and dismissed, and a second petition
filed at
the suit of the same party, the court, in which such second petition may
be filed,
shall order a stay of all proceedings until the costs of the former petition,
and
all reasonable damages and expences sustained or incurred by the defendant
or defendant
therein, to be ascertained by the court, shall have been paid, or secured
to be paid. |
On a second
petition, proceedings
may
be stayed, &c. |
IV. And be it
enacted, That in all cases where any petition for freedom has
already been filed in any county court against any citizen of this state,
and the
defendant has not been served with process to appear, and in all cases
where any
petition for freedom shall hereafter be filed in any county court against
any citizen
of this state, the court, before any imparlance, shall inquire, at
the instance
of the defendant in such petition, whether such defendant is resident of
the
county, and if, on such inquiry, it shall appear that the said defendant
is not a
resident of the county, the court shall immediately order the petition
to be dismissed. |
Petitions, in
certain cases,
may be dismissed,
&c. |
CHAP. LXXVI.
An additional supplementary act to the act, entitled, An act to
establish orphans courts in the several counties of this state. |
Passed December
30. |
BE it enacted,
by the General Assembly of Maryland, That so much of the
act of assembly, entitled, An act to establish orphans courts in the several
counties of this state, and of the supplementary act thereto, as require
seven justices of the peace in some of the counties of this state, and
five justices
of the peace in the remaining counties, to be specially named and commissioned
by the governor, with the advice and consent of the council, as and for
the
several justices of the several orphans courts in this state, and as require
and empower
three or more of the said justices to hold such respective courts, and
to
hear and determine the several matters and causes committed to their
jurisdiction,
be and the same is hereby repealed, any thing in the said recited acts
to the contrary
thereof notwithstanding. |
Part of two
acts repealed. |
II. And be it
enacted, That after the passage of this act it shall be lawful for
the governor, for the time being, with the advice and consent of the council,
and they are hereby required, to appoint and commission three discreet
and judicious
persons, of wisdom and experience, in each respective county, as and for
the justices of the orphans courts in the several counties of this state,
any two or |
Governor to
appoint three
persons, &c. |
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