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Session Laws, 1856
Volume 623, Page 160   View pdf image
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160

LAWS OF MARYLAND.

ARTICLE 2nd.
OF TIME.

Time.

111. When time forms a material point in the
merits of a cause, the day, month and year, or when
there is a continuous act, the period of its duration,
must be alleged, and proved as laid. When time is
not material, it need not be mentioned, and if men-
tioned, need not be proved.

ARTICLE 3rd.
OF PLACE.

Place.

112. It shall be necessary to allege a place only
when it is descriptive of the subject matter of the
action, and forms a part of the substance of the is-
sue; and it must be proved as laid.

ARTICLE 4th.
OF QUALITY OR KIND.

Actions for in-
juries to goods
and chattels.

113. In actions for injuries to goods and chattels,
their kind or species shall be alleged in the declara-
tion, and must be proved as laid.

Injury to real
property.

114. In actions for breaking the plaintiff's close, or
for any injury to real property, the plaintiff shall de-
scribe the property, and when the injury is to an in-
corporeal hereditament, shall describe the property in
respect of which the right is claimed, (as well as the
right itself,) in his declaration, either by the name by
which the property is patented, or by its abuttals, or
by its courses and distances, or by any name which it
has acquired by reputation, or by some other descrip-
tion certain enough to identity it.

ARTICLE 5th.

OF QUANTITY AND VALUE.

Must be al-
leged.

115. Where quantity forms a part of the substance
of the issue, it must be alleged, and specified with
reference to the ordinary measures of extent, weight
or capacity. And where value forms a part of the
substance of the issue, it must be alleged, and speci-
fied by the current coin of the United States.

Verdict not for
a greater value
than alleged.

116. A verdict shall not be for a larger quantity or
value than is alleged.



 
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Session Laws, 1856
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