1854, c. 193, s. 22. charge. 21. The provisions of this article, relating to insolvents, shall rd. s. 22. not be construed to apply to, or in any manner release, discharge, or what not reaffect any judgment recovered by civil action for injuries occasioned leased by disby the seduction of any female, nor to apply to, or in any manner release, discharge, or affect any judgment recovered by civil action for damages for defaming an unmarried female. XII.-RECOVERY OF FINES AND PENALTIES. 1. Fines and penalties, and how recovered. 3. Fines, how to be disposed of. 4. What imprisonment to discharge fines, etc.; 5. Where judgment imposing fine is affirmed, 28; Art. 40, s. 1. Fines, penal ties, etc., how 5 Md. 337. Gill. 322. recovered. 7 1. All fines, penalties, and forfeitures, where the law imposing Const. Art. 4, s. them does not prescribe the mode of collecting or enforcing them, 1777, c. 6. shall be collected as follows: if not exceeding one hundred dollars, by action of debt in the name of the State before a justice of the peace; if exceeding one hundred dollars, by action of debt in the name of the State in the Circuit Court for the county where the offence was committed; or if in the city of Baltimore, in any court having jurisdiction in civil common-law cases; or if the fine, penalty, or forfeiture exceeds twenty dollars, the same may be collected and enforced by indictment in the court having criminal jurisdiction in the county or city where the offence was committed. 2. No person shall be liable to an action of debt and to an indictment for the same offence, but whichever proceeding is first instituted shall be prosecuted and the other abandoned. 3. All fines, penalties, and forfeitures, when recovered, shall be paid to the county or city where the same may be imposed, unless directed to be paid otherwise by the law imposing them; but if there be an informer, he shall have half, unless otherwise provided; this section not to apply to fines or forfeitures for offences at common law. Id. s. 2. c. 20. 1777, c. 6; 1792, No person to be for debt and liable to action indictment for ra. s. 3. 1842, c. 22. be disposed of. 1874, c. 59. charge fines, etc. 4. Any person who shall or may hereafter be committed to jail by the judgment of any court of justice, or by any justice of the peace of this State, for non-payment of any fine and costs not exceeding the sum of fifty dollars, who shall have remained in custody as aforesaid for the space of thirty days, or any person who shall or may hereafter be committed to jail in manner aforesaid for nonpayment of any fine and costs above fifty, and not exceeding one hundred and fifty dollars, who shall have remained in custody aforesaid for the space of sixty days, shall be discharged from further imprisonment on account of said fine and costs; provided, such person shall prove to the satisfaction of the court imposing said fine and costs, or any judge thereof, or justice of the peace, as the Persons unable case may be, that he or she is unable to pay said fine and costs. to pay fines and costs. 5. Where any judgment of a justice of the peace imposing any fine or penalty for the violation of any law or ordinance, shall be affirmed upon appeal, the court to which such appeal is taken shall have the power to commit the defendant or appellant in case of nonpayment of such fine or penalty and costs; provided, that no person shall be imprisoned under this section for a longer period than thirty days for any one offence. Art. 82, s. 1. 25 Md. 107; 32 XIII.-LIABILITY OF COUNTIES, INCORPORATED TOWNS, 1. When county or incorporated town or city 2. In what cases; within what time actions to 3. Where reasonable diligence used to prevent, indemuity not allowed. 4. Pleading. 1. If in any county or incorporated town or city of this State, any church, chapel, or convent, any dwelling-house, any house used or designed by any person or any body corporate as a place for the transaction of business or deposit of property, any ship, ship-yard or lumber-yard, barn, stable, or other out-house, or any articles of Md. 369; 37 Md. personal property, shall be injured or destroyed, or if any property therein shall be taken away, injured, or destroyed by any riotous or tumultuous assemblage of people, the full amount of the damage so done shall be recoverable by the sufferer or sufferers by suit at law against the county, town, or city within whose jurisdiction such riot or tumult occurred. 180. 1867, c. 282. In what cases liable. 37 Md. 180. 2. No such liability shall be incurred by any county, incorporated town or city, unless the authorities thereof shall have had good reason to believe that such riot or tumultuous assemblage was about to take place, or having taken place, shall have had notice of the same in time to prevent said injury or destruction, either by its own police or with the aid of the citizens of such county, town, or city, it being the intention of this article that no such liability shall devolve on such county, town, or city, unless the authorities having notice have also the ability of themselves, or with their own citi zens, to prevent said injury; that any cause of action that may have heretofore arisen under the first section of this article, shall be prosecuted within the period of five years from the time of times actions to such cause accruing, and not after; and all causes under the first section hereafter accruing shall be prosecuted within the period of three years from the time of accrual of the same. Within what be prosecuted. Art. 82, s. 3. 1835, c. 137, s. 1. 3. In no case shall indemnity be received when it shall be satisWhere reason- factorily proved that the civil authorities and citizens of said county, used to prevent, town, or city, when called on by the civil authorities thereof, have able diligence allowed. used all reasonable diligence and all the powers intrusted to them indemnity not for the prevention or suppression of such riotous or unlawful assemblages. 4. In any suit instituted under the three preceding sections, the ra. s. 4. plaintiff may declare generally and give the special matter in 1835, c. 17, s. 2. evidence. Pleading. XIV. LIABILITY OF RAILROAD COMPANIES FOR DAMAGES 1. Railroad companies responsible for injuries, etc., to stock. 2. How damages recovered. 3. Where suit to be brought; how process 4. Judgment by default. Art. 77, s. 1. 1811, c. 266; Railroad comsible for injur 1846, c. 346. panies respon ies, etc., to 4 Md. 242; 10 1. Railroad companies shall be responsible for injuries resulting in death or otherwise, inflicted upon any stock, as cattle, horses, sheep, hogs, and so forth, or by fire occasioned by their engines or carriages, upon any of their roads, and the branches thereof, unless stock. the said companies can prove to the satisfaction of the justice or Ma. 268; 12 Md. other tribunal before which the suit may be tried, that the injury 24 Md. 271; 27 complained of was committed without any negligence on the part 647; 37 Md. 19; of the company or its agents. This section to apply to all property, 251, 329, 438, 574. real or personal. 2. The damages caused by such injuries may be sued for and recovered by the owner of such stock, or the person injured by fire, before a justice of the peace, when the damages claimed shall not be over one hundred dollars, and in the Circuit Court for the county, or the court having civil jurisdiction over the amount claimed in the city of Baltimore, when the amount claimed exceeds one hundred dollars. 257: 17 Md. 32; Md. 589; 28 Md 39 Md. 115, 158, 45 Md. 486. Id. s. 2. 1838, c. 244, s. 1. recovered. 39 Md. 115. 1838, c. 244, s. 2. where suit to be brought. 3. The damages claimed, under section 1, hereof, shall be sued Id. s. 3. for in the county or city where the injuries shall have been done, and a summons served upon the president, or any of the directors, or conductors, of any of said companies, shall be considered proper service upon the corporation; provided, said service shall be made How process at least twenty days before the return day of the writ. 4. If the company summoned shall not appear to answer at the time named in the summons, on the return of two summons served as aforesaid, the court or justice shall proceed to enter up judgment against said corporation, as if the said corporation had regularly appeared, but such judgment shall not be rendered until affidavit shall be filed showing the name of the president, director, or conductor, on whom said service was made, and the day of said service, and any property belonging to the corporation shall be liable for the amount of such judgment. served. Id. s. 4. Judgment by 1838, c. 244, s. 2. default. Art. 65, s. 1. XV.-LIABILITY OF INDIVIDUALS AND CORPORATIONS 1. Action to recover damages for death caused 1852, c. 299, s. 1. 2. How and for whose benefit action brought; Action to recover damages for death caused by negligence. 21 Md. 175; 24 08120220; 29 Md. 252, 460; 30 Md. 47, 179; Md. 411; 33 Md. apportionment of damages; limitation. 3. Bill of particulars. 4. Meaning of words; liability of corporations for acts of agents. 1. Whenever the death of a person shall be caused by the wrongful act, neglect, or default, and the act, neglect, or default is such as 31 Md.191,357, 32 Would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death shall have been caused under such circumstances as amount in law to felony. 542; 35 Md. 32; 36 Md. 619; 37 Md. 156; 38 Md. 568, 588; 39 Md. 329, 438, 574; 42 Md. 117; 43 Md. 534; 45 Md. 411; 47 Md. 76. Id. s. 2. 1852, c. 299, s. 2. How, and for whose benefit 2. Every such action ahall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so action brought. caused, and shall be brought by and in the name of the State of Maryland, for the use of the person entitled to damages, and in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought, and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the abovementioned parties, in such shares as the jury by their verdict shall find and direct; provided, that not more than one action shall lie for and in respect of the same subject-matter of complaint; and that every such action shall be commenced within twelve calendar months after the death of the deceased person. Apportionment of damages. Limitation. Id. s. 3. Bill of par ticulars. 3. In every such action, the equitable plaintiff on the record shall 1317, c. 299, s. 3. be required, together with the declaration, to deliver to the defendant, or his attorney, a full particular of the persons for whom and on whose behalf such action shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recov ered. 37 Md. 156; 41 Md. 268. Id. s. 4. 1852, c. 299, s. 4. Meaning of words. Liability of corporations for acts of agents. 4. The following words and expressions used in the three preceding sections are intended to have the meaning hereby assigned to them respectively, so far as such meanings are not excluded by the context, or by the nature of the subject-matter, that is to say: The word person shall apply to bodies politic and corporate, and all corporations shall be responsible under the three preceding sec tions for the wrongful acts, neglect, or default, of all agents em ployed by them. XVI. LIABILITY OF MARRIED WOMEN AND MINORS ON Contracts; suits; execution. Married women Whenever any license shall be issued to a feme covert, or minor, 1862, c. 49. under section 42 of article XII of this Code, the said feme covert, or minors. or minor, shall be responsible for all contracts made in the prosecution of their business under such license, and shall be liable to be sued therefor in any of the courts of this State; and the said feme covert may be sued, or indicted, and prosecuted, in case of a violation by her of the license laws of this State, or in case she should keep a disorderly house, as if she were a feme sole; and if judgment be obtained against her on any contract, execution Contracts shall or may issue in the ordinary way to affect her separate estate; Suits. provided, however, that such responsibility shall in no manner affect Execution. or impair the responsibility of the husband or parent, under the existing laws. XVII. LIABILITY OF ORDINARY KEEPERS. 1. Who may keep ordinary. 2. Accommodations. 3. Disorderly house; when license withdrawn. 4. Harboring, etc., apprentices. 5. Safe for valuables; liability. 6. Notice; exoneration; negligence or col- 1. No person shall be admitted to keep an ordinary other than the master, principal, or head of the house in which such ordinary shall be kept. 2. Every ordinary keeper shall keep accommodations for travellers, as provided in the article regulating licenses. Art. 70, s. 1. 1780, c. 24, s. 6. Who may keep ordinary. Id. s. 2. 1780, c. 24, s. 5; 1858, c. 414, s. 5. Accommo dations. .. 3. 1780, c. 24, s. 7; 1831, c. 323, s. 11. Disorderly 1784, c. 7, s. 9; 19 Md. 571. 3. If any ordinary keeper keeps a disorderly house, or if any retailer keeps a disorderly house, or suffers any liquor by him sold or bartered, mixed or unmixed, to be drank in or about his house, the Circuit Court of the county, or of the Criminal Court of Balti- house. more, if the offence is committed in said city, may, on application or remonstrance, withdraw the license of such person to retail Liquor drunk spirituous or fermented liquors, and shall exercise a sound discre- on premises. tion relative thereto; and during the recess of said courts, the When license Orphans' Courts, at their several sessions, shall and may exercise a similar power, authority, and discretion. withdrawn. 1780, c. 24, s. 17. 4. If any ordinary keeper shall harbor, entertain, or sell any Id. s. 4. liquor to any apprentice without license in writing from his master, Harboring, etc., he shall for every offence forfeit the sum of ten dollars. apprentices. Id. s. 5. 5. Any ordinary keeper in any city or town having a population 1854. c. 323, s. 1. of more than five hundred inhabitants, who shall provide an iron ables. Safe for valu |