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ROBERT BOWIE, ESQUIRE, GOVERNOR.
of this act, there shall be a judgment entered in favour of the
defendant. |
1805.
CHAP. 107. |
3. AND BE IT ENACTED, That on the return of
an execution founded
on a judgment purchased, assigned or transferred, to any sheriff, deputy
sheriff or constable, it shall and may be lawful for the person
who shall have been executed as aforesaid to allege, in writing, to
the
court or magistrate before whom such execution shall be returned,
that such judgment has been purchased, assigned or transferred, contrary
to the provisions of this act, and the court to whom such allegation
shall be made, shall thereupon cause an issue to be made,
and a trial before a jury to be had, and if it shall appear by the
finding of the jury, that such purchase, assignment or transfer, has
been made contrary to the provisions of this act, the court shall
thereupon cause an entry to be made that such judgment is discharged,
and an execution may thereupon issue to restore any sum
or sums of money that has been raised under any such execution,
and if such execution shall be returnable before a single magistrate,
such magistrate, on such allegation being made, shall, in a summary
way, determine the fact, and if such purchase shall appear to have
been made, shall cause the said judgment to be entered discharged,
and
issue execution as before directed where returned to a court; Provided,
that nothing contained in this act shall prevent, or be construed to
prevent, any sheriff or coroner of this state from receiving an assignment
of, and bringing suit on, any cause of action assigned to
such sheriff or coroner under and in virtue of an act which passed
in the year seventeen hundred and sixty-eight *, entitled, An act
for the recovery of certain amerciaments, and also upon defaults
on executions, and recovering the money due thereon, agreeably to
the provisions of said act; And provided, that any sheriff or
coroner
of this state shall also be entitled to all the benefits and advantages
reserved to such sheriff or coroner under and in virtue of the
act which passed in the year seventeen hundred and ninety-four †,
entitled, An act for the amendment of the law in certain cases,
any thing in this act contained to the contrary notwithstanding. |
Execution to issue
to restore money
raised under an
execution on judgment
purchased
contrary to this
act.
Provisos.
* Ch. 10.
† Ch. 54. |
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CHAP. CVIII.
An Additional Supplement to an act (a)
entitled, An Act to erect
Baltimore-Town, in Baltimore County, into a City,
and to Incorporate
the Inhabitants thereof. Lib. TH. No.
1, fol. 164.
(a) 1796, ch. 68. See
1803, ch. 93; 1807, ch. 152; and 1817m ch. 148. |
Passed Jan. 28, 1806. |
WHEREAS it is represented to this general assembly,
by the mayor
and city council of Baltimore, that certain alterations in the
charter of that city would be productive of considerable advantage,
and they having prayed that the following amendments may be
made thereto; and the same appearing reasonable, therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That the
mode of voting at the city elections shall hereafter be by ballot,
in the
same manner as delegates to the general assembly now are elected,
and that such elections shall commence and close at the same times
of the day as other elections now do open and close. |
Voting at city elections
to be by
ballot, &c. |
3. AND, whereas by the act of incorporation
of said city, the
corporation are to provide for the safe keeping and preservation of
the standard of weights and measures fixed by congress, and for
the regulating thereby all weights and measures used within the
city and precincts, and inasmuch as congress have not yet fixed any |
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