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Session Laws, 1805
Volume 607, Page 39   View pdf image (33K)
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1805.

NOVEMBER. L A W S OF M ARYLAN D.

C H A P.

LXV.

government, at this present session, and it is necessary to make provision by law to carry into full
and complete effect such reform, in conformity with the principles contained in said act; therefore,

II. BE IT ENACTED, by the General Assembly of Maryland, That the judges, of the court of appeals,
and the judges of the district courts, before they act as such, shall respectively take the following
oath, or affirmation, as the case may be, to wit: " I, A. B. chief judge, (or associate judge, ) for
" the —— judicial district, do solemnly promise and swear, (or affirm, ) that as judge I will do equal
" right and justice, according to law, in every case in which I shall act as judge, freely without
"1 sale, fully without any denial, and speedily without delay, and will behave myself justly, honestly
" and faithfully, in the said office, according to the best of my knowledge and understanding; so
" help me God. "

III, AND BE IT ENACTED, That the said oaths, or affirmations, shall be administered before any
judge who shall be in the same commission, or before any qualified judge or justice of the peace, which
qualification shall be certified by the judge or justice before whom the same is made, and shall be re-
corded in any court of which the judge so qualified is or shall be a member.

IV. AND BE IT ENACTED, That the form of commissions that shall issue to the judges of the courts
of common law shall be as follows, to wit: " The State of Maryland to A. B. of — county,
" Greeting. Be it known, that reposing great trust and confidence in your integrity and sound le-
" gal knowledge, you are appointed and assigned Chief Judge, or Associate Judge,., as the case may
" be, of —— judicial district, and in the case of chief judge, insert, in virtue thereof Judge of the
" Court of Appeals, to do equal right and justice according to law, in every case in which you shall
" act as judge, freely without sale, fully without any denial, and speedily without delay; and you are
" to execute the said office of judge, justly, honestly, diligently and faithfully, according to law;
" and you are to hold and execute the said office for and during your good behaviour, and removable
" only in the manner prescribed by the constitution and form of government. Given, under the seal
" of the state of Maryland, this —— day of ——, in the year eighteen hundred —— "

V. AND BE IT ENACTED, That the county courts in each judicial district shall be composed of
the judges appointed for such district, any one or more of whom shall have full power to hold the
court, and to exercise all and singular the powers, jurisdictions and authorities, that might or could
be exercised by all the judges when present.

VI. AND BE IT ENACTED, That the governor and council shall vary the commission, so as to de-
signate the chief judge of the court of appeals, which, person, so designated, shall, when attending,
preside in said court, and in case of his absence, or on his withdrawing, from the bench in the cases
specified by the constitution, the judge next in seniority, to be determined from, the date of the
commission, who shall be present, shall preside therein; and in case of the death, disqualification,
or refusal to act, of the person appointed chief judge as aforesaid, the person next in seniority as
aforesaid shall be the chief judge of the said court until a new appointment of a chief judge shall be
made as aforesaid.

VII. AND BE IT ENACTED, That the court of appeals for the western shore shall hereafter be held
at Annapolis, on the third Monday in June, and the third Monday in December, and for the eastern
shore at Easton, on the second Monday in June, and the second Monday in December, in each year.

VIII. AND BE IT ENACTED, That all causes, legal or equitable, civil or criminal, that are or were
depending in the former court of appeals, or in the general court, on an appeal or writ of error from
any court of this state, shall be and the same are hereby transferred to the court of appeals esta-
blished under the constitution, as amended; that is, all causes that are or were depending as afore-
said, in either of the courts, on an appeal or writ of error from the chancery court, the general
court for the western shore, any county court or orphans court of said shore, shall be and the same
are hereby transferred to the court of appeals which shall sit on the western shore; and all causes
depending, or that were depending, in either of the courts aforesaid, at the time aforesaid, on ap-
peal or writ of error from the general court for the eastern shore, or which were depending in said
court on an appeal or writ of error from any county or orphans court of that shore, shall be and the
same are hereby transferred to the court of appeals which shall sit on the eastern shore; and the said
causes, so as aforesaid transferred, shall stand, in the respective courts to which they are transferred,
in the same state as they were in the court from which they are transferred, and shall be heard,
tried and determined, by the court of appeals, when sitting on the western and eastern shores re-
spectively, in the same manner as they would have been tried by the courts aforesaid where they



 
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Session Laws, 1805
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