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Session Laws, 1801
Volume 558, Page 67   View pdf image (33K)
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1801.

NOVEMBER, LAWS OF MARYLAND,

C H A P.
LXXIV.

sound legal knowledge, who shall reside in the district for which he is appointed, (who shall be-
styled in the commission Chief Justice of the County Courts in such district,) and to appoint and
commission, in each of the counties of this state, two persons of integrity, experience and know-
ledge, residents of the county for which they were appointed, (who shall be styled in the commis-
sion Associate Justices of the County Court of the county for which they shall be appointed;) and
the said justices shall hold their commission during good behaviour, and may be removed for mis-
behaviour in the same manner as the chancellor and the judges may be removed, agreeably to the
constitution of this state, and not otherwise.

9
Of whom the
courts are to be
composed, &c

IV. AND BE IT ENACTED, That the county courts in each district shall be composed of the
chief justice of the district in which each county shall be, and of two associate justices appointed
for such counties respectively; and that the said county court, or the chief justice alone, or the
two associate justices, shall have, possess and execute, the same power, jurisdiction and duties
now vesced in, or required of, the county courts of this state, except in the cas.es hereafter ex-
cepted, and an appeal or writ of error shall lie to the general court, in the same manner, and un-
der the same regulations, as is now or shall hereafter be allowed, by lav/ from the county courts to
the general court ; and any one of the said associate justices may hold and adjourn the said court,
and emp.an.nel and charge the grand jury, and direct process to issue on any presentment or indict-
ment found in the said court, or on any petition or complaint exhibited to the said court, and he
may direct subpoenas- to issue for witnesses to attend the said court, or attachments of contempt to
issue against witnesses or jurors for non-attendance, and he may direct any witness to be sworii to
the grand jury, and receive any presentment or indictment from the grand jury, and take recogni-
sance for the appearance of witnesses, or any person presented or indicted, and he may commit
any person presented or indicted for want of security, and he may direct judgments to be entered
on confession, or non sum informatus, and on default or amerciaments of any sheriff or coroner, and
may direct commitments to be entered against persons brought in on executions, and may take
special bail in any cause existing, or that may exist, in the court of which he is associate, and may
also, in court sitting, accept the surrender of the principal of himself in discharge of his bail,
and by the bail of the principal in discharge of himself, and take new bail, or commit for want of
bail, and take recognizances for the appearance and security of any person or persons who have
filed or may file petitions for freedom,; provided always, that nothing herein contained shall ex-
tend to alter or change the powers of the court of oyer and terminer and gaol delivery for Balti-
more county, or to give to the county court of Baltimore criminal jurisdiction.

Jtekfiowfedge-
agents to be
&ood,, &Ci

V. AND BE IT ENACTED, That all acknowledgments of deeds hereafter made for the convey-
ance of land before any chief justice of a district, within his district, or any associate justice^
within his county, shall be as good and valid in law as if the same was made before any judge o£
the general court, or before two justices of the peace, any law, usage or custom, to the contrary
notwithstanding.

Courts to re-
quire copies &c

VI. AND BE IT ENACTED, That the said courts shall Have power, in the trial of actions at
law, on motion made at the first court after the appearance court, supported by affidavit, that the
same is not intended for delay, and due notice thereof being given, to require the parties to pro-
duce copies, certified by a justice of the peace, of all such parts of all books or writings in their
possession or power as contain evidence pertinent to the issue, or to answer any bill for discovery
only which may be filed by the second court; after the appearance court, in cases and under cir-
cumstances where they might be compelled to produce the said original books or writing, or answer
such bill of discovery by the ordinary rules of proceeding in chancery ; and if a plaintiff shall fail
to comply with any such order to produce such books or writings, or answer such bill of discovery,
it shall be lawful for the said courts, on motion, to give the like judgment for the defendant as in
cases of nonsuit; and if a defendant shall fail to comply with such order to produce books or
writings, or to answer any bill for discovery only, it shall be lawful for the said courts, on motion
as aforesaid, to give judgment against him, her or them, by default; provided, that any plaintiff
or defendant may, in compliance with any rule, for producing extracts of such books or papers,
bring into court the original books or papers,.

Justices not to
act as attornies,

&c

VII. AND BE IT ENACTED, That neither the chief justice of any district, or any of the asso-
ciate justices, after their appointment and qualification, or any register of wills, shall act as an
attorney or solicitor in any court of law or equity in this state during the time that they shall re-
spectively act as such,

VIII. AND



 
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Session Laws, 1801
Volume 558, Page 67   View pdf image (33K)
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