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1721-1732 156 (1721)

handle is hein.ssl/ssmd0459 and id is 1 raw text is: CHARLES LORD BALTIMORE. 1721. At a SESSION of ASSEMBLY begun and held atthe CITY of ANNAPOLIS, in the county of Anne-Arun- del, the 18th day of July, in the 7th ycar of the do- minion of the right honourable CHARLES, absolute Lord and Proprietary of the provinces of Maryland and Avalon, Lord Baron of Baltimore, &c. annoue Donini 1721, were enacted the laws following. CHARLES CALVERT, Esq. Governor. CHAP. XIV. An ACT to limit the continuance of actions in several courts within this province, and ascertaining the manner of taking the evidence of seafaring men, and for granting appeals from the chancery ctourt to the governor and council. Preamblc. HEREAS it is represented as an aggrievance, the dila- VV tory proceedings and continuances of actions, in seve- ral of the courts of this province ; for remedy whereof for the future, Actions may 11. BE IT ENACTED, by the right Ionourable the Lord Pro- becontiued prietary, by and with the advice and consent of his lordship's to the d of Governor, and the Upper and Lower Houses of AsS-; bly, and the foUrth court after the authority of the same, That all actions now depending in the appear- any of the courts of law within this province, as well as all ance and no other actions to be commenced, may be continued to the end cangeir, e- of the fourth court after the appearance court, in any of the es where ev- courts aforesaid, and no longer, (except in causes where evi- idences are dences are wanted from beyond sea,) which is left to the dis- Vwantcd from thrcs wanted som cretion of the court where such case shall happen ; and that it hyound sea, shall and may be lawful for the several courts afore-mentioned, upon the discontinuance of any action or actions aforesaid, (if by the act or default of the plaintiff,) to award him to pay the costs, but if by the act or default of the defendant, then to give judgment for the plaintiff, and if through the default of any at- tornics neglecting their duty in bringing causes to a decision within the time limited by this act, in all and every such case, every attorney so neglecting his duty to the prejudice of his or their client, shall, for every such neglect in the provincial court, forfeit the sum of five thousand pounds of tobacco, and for eve- ry neglect in the county court the sum of two thousand pounds of tobacco, and all costs of suit accrued on any action discon- tinued by default of such attorney, one half of the aforesaid fines to the party grieved, the other half to his lordship the lord proprietary, to be appropriated to and for the use and benefit of - public or free-school of the county where such fines arise, to Digitized from Best Copy Available

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