clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 222   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
JOHN H. STONE, Esquire, Governor.
1796.
November session, seventeen hundred and ninety, be and the same is hereby continued,
and shall be in force during the continuance of this act.

    V.  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 judges 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 vested in or
required of the county courts of this state, except in the cases hereafter excepted,
and an appeal or writ of error shall lie to the general court, in the same manner,
and under the same regulations, as is now or shall hereafter be allowed by law
from the county courts to the general court; and any one of the said associate
justices may hold and adjourn the said court, and impannel and charge the grand
jury, and direct process to issue on any presentment or indictment found in the 
said court, or on any petition or complaint exhibited to the said court, and he
may direct subpœnas 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 sworn to the grand jury, and receive any presentment or
indictment from the grand jury, and take recognizances 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 by 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.

    VI.  And be it enacted, That all acknowledgments of deeds hereafter made
for the conveyance 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 of the general court, or before
two justices of the peace, any law, usage or custom, to the contrary notwithstanding.

    VII.  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 produce 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 circumstances 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
by 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.

        VIII.  And be it enacted, That neither the chief justice of any district, or any
of the associate justices, shall, after their appointment and qualification, act as
an attorney or solicitor in any court of law or equity in this state during the time
that they shall respectively act as such.

CHAP.
 XLIII.
 

Of whom the
county courts
are to be composed,
&c.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Acknowledgments
good
and valid, &c.
 
 
 
 

Courts to require
copies,
&c.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Justice not to
act as an attorney,
&c.

M


 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Proceedings and Acts of the General Assembly, 1796
Volume 105, Page 222   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This information resource of the Maryland State Archives is presented here for fair use in the public domain. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: Rights assessment for associated source material is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!


[ Archives' Home Page  ||  All About Maryland  ||  Maryland Manual On-Line  ||  Reference & Research
||  Search the Archives   ||  Education & Outreach  ||  Archives of Maryland Online ]

Governor     General Assembly    Judiciary     Maryland.Gov

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 22, 2009
Maryland State Archives