1083

LAWS OF MARYLAND.

of record in the case before filing the same. Until the said

copies have been served, as above mentioned, no party to the

suit shall be considered in default of any rule of the court.

This Act shall not apply to suit instituted by the consent of all

parties to the case, nor to proceedings instituted to foreclose

mortgages.

SEC. 2. And be it enacted, That this Act shall take effect

from the date of its passage.

Approved April 12, 1904.

CHAPTER 625.

AN ACT to appropriate a sum of money to pay Noah C. Ster-

ling for the loss of the vessel, "Martha E. Freeman."

WHEREAS, On the ninth day of March, 1886, whilst the

Illegal seizure

schooner or vessel called the "Martha E. Freeman," then

of an oyster
boat in Mary-

owned by Noah C. Sterling, a citizen of the State of Mary-

land waters.

land, and commanded by Gilbert Carman, also a citizen of said

State, was lawfully engaged in taking or catching oysters in

the waters of the Tangier sound, within the State of Maryland,

about a mile north of the -boundary line between the State of

Maryland and Virginia, one of the oyster police steamers of

the State of Virginia, with Captain Foster, of said State, in

command, steamed into the waters of the State of Maryland,

and overhauled and took in charge the schooner "Martha E.

Freeman," the property of the said Noah C. Sterling; and

WHEREAS, The said schooner, ''Martha E. Freeman," was

Sold under

unlawfully seized by the aforesaid oyster police steamer and

condemnation
proceedings.

conveyed from the waters of Maryland into the waters of Vir-

ginia, and was afterwards sold under condemnation proceed-

ings in the State of Virginia ; and

Boat and cargo
a loss to

WHEREAS, By said unlawful seizure, condemnation and sale,

owners.

the said schooner and her cargo became a total loss to the

owner ; therefore,

SECTION 1. Be it enacted by the General Assembly of Mary-

State to indem-

land, That the Comptroller of the Treasury of the State of

nify owner
for loss.

Maryland be and he is hereby authorized and directed to draw

his warrant upon the Treasurer of the State of Maryland in

favor of Noah C. Sterling for the sum of seven hundred and

fifty dollars for pay and indemnity for the loss sustained by

the said owner, as disclosed by the preamble of this Act