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Session Laws, 1842
Volume 594, Page 253   View pdf image
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1842

FRANCIS THOMAS, ESQUIRE, GOVERNOR;

CHAP. 292.

portion of said lands which lies within this state, and the
said commissioners, or a majority of them, are hereby re-
quired to make a full return of their proceedings in the pre-
mises to Cecil County Court.

 

CHAPTER 292.

Passed March
10, 1843

An net to restrain the rigor of speedy proceedings for the
recovery of small debts.

No process to
issue for thirty
days after the
rendition of
judgment.
Proviso.

Be it enacted by the General Assembly of Maryland,
That no execution or process of that nature shall be issued
on any judgment rendered by a justice of the peace after
the passage of this act, within thirty days after the rendi-
tion of such judgment: provided, the defendant against whom
such judgment shall he rendered, within three days after
notice that it is required by the plaintiff, shall cause suffi-
cient special bail to be entered before the same, or in case
of any cause requiring it, some other justice of the peace
of the same county or city to secure the surrender of such
defendant on any execution which shall he lawfully issued
on such judgment, or satisfy the same with costs to the
plaintiff; which entry of special hail may be in the follow-
ing form, making such alterations therein as shall be render-
ed necessary for more than one plaintiff, defendant or hail.
"A. B. plaintiff against C. D. defendant, before E. F. a jus-
tice of the peace, in and for county (or city)
to wit: I acknowledge myself special bail for the defend-
ant in the above action in which judgment was rendered by
said justice. This (date) for (debt)'' which acknowledge-
ment after the bail shall have justified on oath or affirma-
tion as to sufficiency before said justice, shall be entered
on a docket to be kept by him, and there signed by the
bail in his presence, and a certificate thereof under the
hand of the justice shall be prima facie evidence of the
entry of such bail when accompanied by a certificate un-
der seal of the proper officer, that such person is a justice
of the peace; and every person becoming special bail in the
manner aforesaid, shall be in all respects answerable in the
same manner and to the same extent as in case of special
bail given in due form in any action pending in a county
court, and the justice taken such bail and giving a certifi-
cate thereof to the defendant, shall be entitled to receive
from him therefor, a fee of twenty-five cents; and similar
proceedings by scire facias may be had before the justice



 
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Session Laws, 1842
Volume 594, Page 253   View pdf image
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