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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 103   View pdf image (33K)
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Acts. 103


An Act for the Reformacon of Jeofailes in Maryland.
Whereas their have been several good & wholesome Statutes of
England made to reform Jeofailes and mispleadings after the Matter
of fact found and return'd by 12 men of a Jury which is in force
in this Province & yet many Errours & Mispleadings happen in this
Province in many County Courts not remided by the said Law for
want of able & knowing Atturneys & Clerks whereby many honest
Persons are frustrated of the End & benefitt of their Suit who have
upon just and good cause recovered in the County Courts by writts
of Errour & appeal brought upon the same Judgment before the
Judges of the proventiall Courts who being sworne must judge
according to Rules of Common Law to prevent which mischiefs for
the future Wee the Burgesses & Delegates of this present Generall
Assembly doe humbly pray it may be Enacted
And be it Enacted by the Kings most Excellent Majesty that in
all actions heretofore brought in any County Courts or hereafter to
be brought in any County Courts where any plaintiff hath or shall
recover or where any Diffendant hath or shall non suit the Plaintiff
or otherwise by matter of fact barr the Plaintiff by & in the Judg-
ment of the Justices of the County Courts where such causes was
try'd if it appeires by the Record to be submitted to the Justices by
consent of the Partys or their Attorneys in Court it shall be accepted
deemed taken & reputed by the Justices of the Proventiall in a Writt
of Error or appeal to avale & benefitt the plaintiff recovering to all
intents and purposes as much as if the same matter as to the fact had
been found tryed & returned by a Jury of 12 men any Law Statute
or Usage to the Contrary Notwithstanding. And because many
Judgements may have been heretofore given in divers County Courts
which may remaine Imperfect & insufficient in Law & thereby subject
to be reversed by Errour according to the strickt rules of Law, There-
fore to prevent any futuer trouble or suit between any partys thereon
or any Judgement that hereafter may be given in any County Court
in this Province Bee it Enacted by the Kings Most Excellent Majty
etc. That in all Judgements given in any County Courts which ap-
peres to be given above one year last past & no Writt of Errour
brought thereon in six months after the date of this Act and all and
Every Judgement of any County Court that may happen to be given
in any County hereafter in any Personall action where unto no writt
of Errour is brought in one year from the granting such Judgment
the Partys thereby recovering either by verdict or Judgment of the
Court shall be for ever theirof in peace & Injoy the benefitt of such
Judgment without any revercall by writt of Errour or attaint where
they are not brought within one year after the granting of such
Judgment Person under age or non Compos mentis under coverture
or not resident in this Province during such defect & not Longer
allways Excepted & foreprized any Law Statute usage to the contrary

Public
Record
Office,
London.
C. O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts
Acts of
June, 1697,
ch. 7



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 103   View pdf image (33K)
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  << PREVIOUS  NEXT >>


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