| 1785.
CHAP.
III. |
LAWS of MARYLAND.
contain only two feet depth, and the other on rest four; all which suggestions
appearing to this general assembly to be true, and the prayer of
the said petition to be reasonable, |
Canals two
feet deep available,
&c. |
II. Be it enacted,
by
the General Assembly of Maryland, That any canal
which shall be cut or made on one level, by the Patowmack company at
the Great or Little Falls of Patowmack river, supplied by the current
of
that river, containing two feet depth of water at the least in dry
seasons,
and communicating again with the river by locks, if necessary, the
spaces
between the locks, if they should be placed distant from each other,
containing
four feet depth of water, shall be equally available to every intent
and purpose, and the said company shall be entitled to the same tolls,
and
shall have all the rights whatsoever, as if the whole of such canals
had
been made to contain four feet depth of water, agreeable to the directions
of the said acts, any thing in the said acts to the contrary notwithstanding. |
| Commencement. |
III. This act to take place as soon as a similar
law shall be passed by
the legislature of the commonwealth of Virginia. |
|
CHAP. IV.
An ACT to revive and aid certain proceedings in the general
court of the eastern shore. |
| Preamble. |
WHEREAS the judges of the general court, on the
twenty-fourth
day of September last were, by violent tempestuous
weather, prevented from meeting at Talbot court-house and
holding the general court for the eastern shore agreeably to their
adjournment
of the preceding day, and drivers actions, suits and proceedings,
both civil and criminal, were thereby discontinued, and the said judges
could not legally hold the said court until the next meeting appointed
by
law; for aiding therefore the said action, suits and proceedings, and
for
saving, as far as may be, the suitors 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
on the twenty-third day of September last, be and hereby are revived,
and continued to the next general court for the eastern shore, to be
held as is appointed by law; 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
contained by the judgment or order of the said court. |
| Proviso. |
III. Provided
nevertheless, That if any new action shall have been
commenced, by the plaintiff or plaintiffs, in any suit or action, and undetermined
so discontinued, and the defendant or defendants, or any of them, shall
have been arrested thereon, or if any of the parties in any action not
marked, to be tried at September term last, shall have died
after the suit or action was so discontinued, so that the said action,
according to law, would thereby abate, it is not hereby revived and continued,
but if the first action was brought within the time limited by law,
all the time between the impetration of the first original writ, or filing
the first declaration in ejectment, and the time of impetrating the
second
original writ, or filing the second declaration in ejectment, or the death
as
aforesaid, shall not be reckoned so as to bar, under any act of limitation,
the said second action already brought, or that may be brought by any
plaintiff or plaintiffs, in the first action, his or their heir or heirs,
executor, |
|
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