| 1778.
CHAP.
XXI. |
LAWS of MARYLAND.
as aforesaid, and that the having a matter of fact depending for trial
as aforesaid,
shall be held and allowed to be a good cause of challenge to any such juror. |
Form of recognizance
of
bail, &c. |
IV. And be it
further enacted, That instead of the form or recognizance of
bail prescribed by the act, entitled, An act for taking special bail in
the several
counties in this state, upon actions or suits depending in the general
court, and in
the several county courts of this state, the following form shall be observed
and
used in all actions to be commenced from and after the end of this present
session
of assembly; that is to say; John Doe plaintiff, against Richard Roe defendant.
You, A. B. and C. D. do jointly and severally acknowledge yourselves special
bail
for the said Richard Roe, at the suit of the said John Doe, in an action
of debt
brought by the said John Doe against the said Richard Roe, in the general
court.
They acknowledge themselves to be content therewith, this _____ day of
_____
before _________.
To the honourable the judges of the general court.
Varying nevertheless the said form, according as the nature of the action
may require;
and that the said recognizance shall have the same force and effect as
any
recognizance of bail acknowledged and taken in open court. |
Justices to examine
into the
sufficiency of
bail, &c. |
V. And be it
further enacted, That the judge or justices, by and before whom
any such recognizance shall be taken and acknowledged, shall, and they
are hereby required, carefully to examine into the circumstances and sufficiency
of
the bail so to be taken as aforesaid, and to be careful that they do
not take any
recognizance of bail of persons that shall not appear to them to have sufficient
estate within this state to answer the same at the time of taking and acknowledging
thereof; provided that nothing herein shall be construed to abridge or
take away
the power of the justices of the general or county courts within this state,
to
make rules and orders for the justifying bails and making the same absolute,
or
to examine the sureties upon oath, touching the value of their estates,
as by the
said recited act they are required to do. |
Upon judgment,
plaintiff
may issue
execution,
&c. |
VI. And be it
also enacted, That upon any judgment hereafter to be rendered
upon any recognizance of bail, it shall and may be lawful for the plaintiff
or
plaintiffs therein, to issue execution against the body, goods or chattels,
lands or
tenements, of the defendant, as if the said judgment were for his own proper
debt, any law, usage or custom, to the contrary thereof in anywise notwithstanding. |
Execution
may be issued,
&c. on judgment
rendered,
&c. |
VII. And be
it enacted and declared, That execution may be issued on any
judgment rendered in the provincial court, or rendered or to be rendered
in the
general court, or in any county court of this state, with stay of execution,
at any
time within one year next after the expiration of such stay; provided that
the stay
of execution be entered upon the clerk of the court his docket, at the
same court
when the judgment shall be rendered; and also after the dissolution of
any injunction
of or from the court of chancery, or the discharge or expiration of any
supersedeas, on appeal, or any writ of error, at any time within
one year after
dissolution of such injunction or discharge, or expiration of such
supersedeas. |
Courts may
give judgment
in causes referred
to arbitrament,
&c. |
VIII. And be
it further enacted, That if any cause, instituted, or hereafter
to
be instituted, in any of the courts of this state, shall, by rule of court,
and by
the consent and agreement of the parties thereto, be submitted and referred
to the
award and arbitrament of any person or persons, it shall and may be lawful
to
and for such court to give judgment upon the award of the person or persons
to
whom such submission and reference shall be made, as of the court to which
such
award shall be returned, and to award execution thereon, in the same manner
as
they might do upon verdict, confession or nonsuit, and that such judgment
shall
have the same effect, to every intent and purpose, as any judgment upon
verdict
or confession would have. |
| Proviso. |
IX. Provided
always, That such award shall remain seven days in the general
court during their sitting, if returned to the general court, or four days
in the |
|
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