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Be it enacted, by the General Affembly of Maryland, That William Ham-
mond, Cornelius Howard and James Baker, or any two of them, be
commiffioners to lay off a road from Pratt-ftreet Extended, acrofs the
lands of James Carroll, at the expence of the faid James Carroll, to the road
leading to Elk-Ridge Landing, thirty feet wide, and to return a plot of the fame
to Baltimore county court, which fhall for ever thereafter be deemed and taken
to be a public road.
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Commiffion-
ers appointed
&c.
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II. And be it enacted, That when the road aforefaid is laid out and opened,
that then all that part of the old Frederick road near the city of Baltimore, on
the lands of the Baltimore company and James Carroll, which branches from
the road leading from the city of Baltimore to Elk-Ridge Landing, and after-
wards unites with the Frederick turnpike road, about one hundred and eighty
perches weftwardly of Gwinn's falls, be flopped and fhut up, and hereafter not
considered as a public road.
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Old Frede-
ric road to be
ftopped.
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C H A P. XLIII.
An ACT for the fpeedy recovery of monies levied or received by
fheriffs and collectors.
Be it enacted, by the General Affembly of Maryland, That in all and every
cafe where the fheriff or collector of any county within this ftate fhall
hereafter levy, and collect or receive, or ought to levy and collect, any
fum or fums of money or tobacco for the ufe of any perfon or perfons whatfoever,
and fhall refufe or neglect to pay over the fame to the perfon or perfons, or to
the order of the perfon or perfons, entitled or authorised to receive the fame, by
the time required by law, it fhall and may be lawful, and the feveral county
courts or general court, as the cafe may be, are hereby required, upon motion
made on behalf of the perfon or perfons entitled or authorifed to receive the
money or tobacco levied and collected as aforefaid, or which ought to be levied
and collected as aforefaid, and on producing to the court before whom fuch,
motion fhall be made a ftated account of the demand, fupported by fuch affidavit
or voucher as the court fhall reafonably require, to order a judgment to he enter-
ed, and an immediate execution to iffue thereon, againft the perfon or property
of fuch fheriff or collector, to levy and compel the payment of fuch fum of
money or tobacco fo due and payable; provided, that a copy of the demand, and
notice of fuch intended motion, be delivered in writing to fuch fheriff or collector,
or left at his laft place of abode, for the fpace of twenty days previous to the
fitting of the court at which fuch application fhall be intended, and that proof
thereof be made to the fatisfaction of the court; and provided alfo, that if fuch
fheriff or collector fhall, in perfon or by attorney, controvert the demand, and
defire a jury to be impannelled to afcertain the fum of money really due and pay-
able, the court fhall direct a jury to be immediately impannelled and charged to
try and afcertain an iffue, whether the faid fheriff or collector be chargeable with
and liable to pay any and what fum or fums of money or tobacco to the perfon
or perfons fo claiming and authorifed to receive the fame; and the court are here-
by empowered and required, upon fuch verdict of the jury, to pafs judgment
againft the faid fheriff or collector, upon which there fhall be no writ of error,
fuperfedeas, injunction or appeal, and to award execution thereon as upon ail
other cafes of judgment had in the faid courts.
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Paffed Janua-
ry 20.
On any fhe-
riff, &c, ne-
glecting to
pay, judge-
ment may be
entered a-
gainft him,
&c.
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