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JOHN EAGER HOWARD, Esq; Governor.
and for saving, as far as may be, the parties interested from the damage
that
might otherwise be occasioned by such discontinuance, |
1789.
CHAP.
XXXII. |
II. Be it enacted,
by the General Assembly of Maryland, That all actions,
suits and proceedings, depending in the said court, and undetermined
on the
twenty-ninth day of October last, be and hereby are revived and continued
on
the next county court of Queen-Anne's county to be held as is appointed
by
law; and that the said actions, suits, pleas and proceedings, shall, at
the next
meeting of the said court to be holden as aforesaid, be in the same state
and
condition as if they had been lawfully continued by the judgment of
order of the
said court. |
Actions, &c.
revived, &c. |
III. Provided
always, That nothing in this act shall extend to affect or
make liable the bail or security for any person's appearance at the said
court held
in October last in any suit, civil or criminal, unless in the case of a
person under
prosecution for any crime or misdemeanor a default was entered on the recognizance
before the said discontinuance, or the sheriff was amerced before such
discontinuance
for default of the defendant's appearance in any civil suit, but any
recognizance entered into by the principal shall stand as an obligation
for him to
appear at the next meeting of the court, in the same manner as if the
condition
thereof were for his appearance at the next court, and if he shall not
appear on
calling the recognizance at the said court, a default and judgment may
be entered,
and execution may be issued accordingly, or without calling the said
recognizance
it shall and may be in the discretion of the court to respite the same
until the
succeeding term. |
Proviso. |
IV. And,
for removing doubts which may arise respecting the consequences
of the said court not having been held on the thirtieth day of October
last,
Be it enacted, That all judgments,
rules and orders, made and rendered before
the said discontinuance, shall be good and valid, according to the intent
and
purpose thereof, and that writs of execution may be taken out as usual
at the
end of a term, returnable at the next meeting of the said court, and that
all
writs of execution already taken out shall be good and effectual as if
the said
discontinuance had never happened, under the following limitation and restriction,
to wit: That any judgment so rendered may be set aside or altered
by the said
court at their next meeting appointed by law, for any cause that would
have
been sufficient to set aside or alter the same, upon application or motion
at October
term last; and if any writ of execution returnable to the said court the
Monday
before the fourth Tuesday of October last, was returned executed agreeably
to the command thereof, ad the said writ and return was not called and
considered
before the said discontinuance, it shall be lawful for the plaintiff or
plaintiffs
to renew the same, returnable at the next meeting of the court, and the
new writ shall be good and effectual; and if any writ hath already been
renewed,
returnable at the next meeting of the court, the said new writ shall also
be good
and effectual. |
Judgments,
&c. to be
good, &c. |
V. And,
whereas from the multiplicity of business depending in the said court,
the justices thereof have not been able to hear and determine all the causes
depending
therein within the time limited by law, Be
it enacted, That all pleas,
process and proceedings, had, made and done, in the said court by the justices
thereof, in causes which have been continued longer than the time limited
by
law, shall be adjudged and taken to be good and valid to all intents and
purposes
as if the same had been had, made and done, within the time limited by
law;
and that the justices of the same court may, at the next county court to
be held
for the said county, proceed to hear and determine, or further continue,
and
thereafter hear and determine, the said causes so depending respectively,
as fully
and effectually as they might heretofore have done as by law required,
the said
continuance or continuances, or any other matter or thing, to the contrary
notwithstanding. |
Pleas, &c. adjudged
good,
&c. |
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