| 1777.
CHAP.
XX.
Persons
chargeable
with treble
tax disabled
from commencing
suit,
&c. |
LAWS of MARYLAND.
XVI. And be it
enacted, That every person chargeable with the treble tax as
aforesaid, shall be disabled from commencing or prosecuting any suit in
any court
of this state, for the recovery of any debt or damages, for any money or
tobacco
due or owing to him in his own right, or from exercising and practising
the trade
of merchandise, unless, previous to such suit or merchandising, he shall
take the
oath or affirmation aforesaid; and in case of neglect thereof, the court
before
whom such suit shall be brought shall, ex officio, enter judgment
of nonsuit; and
if any such person shall exercise and practice the trade of merchandise,
without
previously taking the oath or affirmation as aforesaid, he shall, for every
such offence,
forfeit and pay five pounds for every hundred pounds of property such person
shall be deemed worth on the public assessment of all property within this
state. |
And practising
the law,
&c. |
XVII. And be
it enacted, That every person, chargeable with the treble tax
aforesaid, shall be for ever disabled and rendered incapable to practice
the law,
physic or surgery, or the art of an apothecary, or to preach or teach the
gospel,
or to teach in public or private schools, or to hold or exercise, within
this state,
any office of profit or trust, civil or military, or to vote at any election
of electors
of senators, or of delegates to the house of delegates; and if any such
person shall
offend against this act, in any of the particulars above specified, he
shall, for every
such offence, forfeit and pay five pounds for every hundred pounds of property
he
shall be deemed worth on the public assessment of all property within this
state. |
| Proviso. |
XVIII. Provided
nevertheless, and be it enacted, That if any person, required
by this act to take the oath or affirmation aforesaid, and whose name or
mark
shall not be found subscribed as aforesaid, shall make it appear to the
governor
and council, within six weeks after the first day of March next, or to
the county
court of the county where such person resides, which shall first happen
after the said
first day of March next, that such person is not a person offending against
this
act, and, if of the age of eighteen years, at the time of such application
to the
governor and council, or county court, as aforesaid, shall take the said
oath or
affirmation (as the case may be), such person shall not be subject to the
said treble
tax and disabilities aforesaid; and, on acquittal by the said governor
and council,
or by the said county court, such person shall obtain a certificate thereof,
and be
entitled to have his name enrolled in one of the magistrates books as aforesaid;
and if such person has been set down on the list chargeable with the treble
tax
and transmitted to the commissioners, the said commissioners are hereby
enjoined,
on such persons producing the certificate aforesaid, to correct the said
list, and
give notice thereof to the collector. |
Persons not
having signed
the association
and fled, &c.
liable to treble
tax, &c. |
XIX. And be
it enacted, That all persons, not having signed the association,
who have fled from this state since the fourteenth day of August, seventeen
hundred
and seventy-five, to avoid taking an active part in the defence thereof,
and have
crossed the seas, and who shall not return on or before the first day of
September,
seventeen hundred and seventy-nine, and take the oath or affirmation as
aforesaid,
within one month after their return to this state, shall be liable to the
treble tax,
and to the disabilities imposed by this act. |
| Proviso. |
XX. Provided
nevertheless, That nothing in this act contained shall extend,
or be construed to extend, to any persons who, having fled from this state
as aforesaid,
shall, at any time since their flight, have taken an active part against
the same,
or against the United States, by adhering to the British army or navy. |
Justices to inquire
after
persons who
have fled, &c. |
XXI. And,
for the better ascertaining what persons have fled from this state as
aforesaid, Be it enacted, That the
justices of the several county courts shall annually,
at their respective August courts, make diligent inquiry after every person
who has fled from his county aforesaid, or who, returning after the first
day of
March next, shall neglect to take the oath or affirmation aforesaid, within
the
time limited as aforesaid, and the said justices shall enter his name on
the minutes
of the proceedings of their court at their then sitting, and, from the
said minutes, |
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