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Session Laws, 1805
Volume 607, Page 42   View pdf image (33K)
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ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1805.

the times herein before appointed for the holding of each court, and shall be heard, tried, proceeded
upon and determined therein, in the same manner as they might or could have been heard, tried,
proceeded upon and determined, in the several county courts., or in the general court, before the
said thirtieth of November, and shall be of full force, effect and validity, to every legal intent;
and all writs and other process issuing out of any of the said county courts in the said judi-
cial districts, shall be tested in the name of the chief judge, and in case of his death, resignation
or disqualification, before a new appointment, in the name of the associate judge first named in
the commission; and all writs and other process shall be returnable on the days appointed by this
act.

XXIV. AND BE IT ENACTED, That all commitments and recognizances for all felonies, crimes,
offences or misdemeanors, committed in the several counties, and triable by law in the county courts,
shall be returned to the respective county courts in the several judicial districts, by the justice making
such commitment, or taking such recognizance, on the first day herein appointed for holding the
county court in their county; and all sheriffs, clerks, and all other civil officers, shall execute and
perform the same offices and duties, under the same penalties, in their respective county courts, as:
they were by law obliged to perform and execute in the late county courts.

XXV. AND BE IT ENACTED, That nothing herein contained shall extend, or be construed to extend,
to alter or change the powers and jurisdictions of the court of oyer and terminer and gaol delivery
for Baltimore county, or to give, criminal jurisdiction to the county court to be held at Baltimore for
the sixth district, any thing herein contained to the contrary notwithstanding.

XXVI. AND BE IT ENACTED, That in. all cases where judgments by default have been obtained in
any court of this state against any sheriff. or coroner, which defaults might, by the court in which the
same were entered, have been struck out if the said court had not been changed or abolished, it
shall and may be lawful for such sheriff or coroner, against whom such judgment was entered, to
produce the defendant or defendants, for the nonproduction of whom such default was entered, to
the next county court that shall sit in the county in which such judgment was entered, during the
first three days of the sitting thereof, and such defendant or defendants shall thereupon, by the said
court, be committed, or the execution entered not called by consent, in the same manner as might
or could have been done at the court from which the same issued, or to which the same was return-
able, and thereupon such judgment by default shall be struck out.

XXVII. AND BE IT ENACTED, That in all cases either on the original or judicial docket of any late
county court, where no return has been made of writs in the hands of any sheriff, or where after
return the party defendant has not appeared to the suit, or satisfied the execution, and no commit-
ment has been prayed, or amerciament or default entered against the sheriff, the same proceedings
may be had at the next county court of the county wherein such writs were issued or returnable, as
of the courts to which they were, returnable had still continued in session; and the several sheriffs
shall have the same power to produce the defendants in court, and all other legal remedies against
them for not appearing, as he might or could have had at. any time during the session of the court
to which such, writs were returned or returnable.

XXVIII. AMD BE IT ENACTED, That until the clerks of the court of appeals shall be respectively
appointed and qualify, the late clerks of the court of appeals and the general court respectively, shall
be and they are hereby authorised and empowered, upon application of the party, his agent or attor-
ney, to issue, execution upon any judgment obtained in the late general court, or in the late court of
appeals, upon which the respective clerks of the said courts could have issued, and not otherwise,
and in the same manner and form, and tested as writs which issued prior to the said thirtieth day of
November, and shall he made returnable to the court of appeals holden for the respective shore at
the place and time herein before prescribed, and the said executions shall be of the same force and
validity in law, and snail be proceeded upon in like manner, as executions which have heretofore
issued out of the late general court or court of appeals by the respective clerks thereof, any law to
the contrary notwithstanding.

XXIX. AND BE IT ENACTED, That in all cases where scire facias is necessary to be issued upon any
judgment or proceeding in the late general court of either shore, or in the late court of appeals, the
late clerks, and the clerks hereafter appointed, respectively, shall, upon application as aforesaid,
issue the said scire facias, directed to the sheriff of the proper county, and shall transmit therewith
a short copy of the said judgment or proceeding under the seal of the late courts, or of the court

CHAP.
LXV.



 
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Session Laws, 1805
Volume 607, Page 42   View pdf image (33K)
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