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Session Laws, 1805
Volume 607, Page 45   View pdf image (33K)
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1805.

NOVEMBER. LAWS OF M A R Y L A N D.

CHAP.

LXV.

actions, and the same are hereby reinstated and continued, and shall be proceeded upon as If such
writs had not have been produced and allowed, any law to the contrary notwithstanding,

XLIII. AND BE IT ENACTED, That appeals to the court of appeals of the respective shore may be
prosecuted upon judgments obtained in the late general court, at the late September and October
terms, in the manner, and according to the form, prescribed by law, and the writs of error therein
shall be made returnable before the judges of the court of appeals, who shall thereupon have cogni-
zance in such cases, and shall proceed, therein as in cases of appeals heretofore from the late gene-
ral court to the late court of appeals, any law to the contrary notwithstanding; and in all cases
where there has been a stay of execution on any judgment in the late general court, and the time of
such stay had not expired on the said thirtieth day of November, the stay of execution shall be ex-
tended for one month from the passage of this act.

XLIV. AND BE IT ENACTED, That in all cases where writs of diminution have been issued from
the general court, in any appeal to the general court from any county court or orphans court, the
same shall be returnable to the court of appeals of the respective shore, and in cases where the same
hath issued from the late court of appeals, or where any diminution shall hereafter be suggested in
any case now depending therein, or in any appeal which shall hereafter be prosecuted from any judge
ment obtained in the late general court, the court of appeals may direct; the clerk to examine the
same with the original papers and record in the late general court, and to correct and amend the re-
cord in said cases thereby in the several. points wherein -the diminution may be suggested, any law
to the contrary notwithstanding.


XLV. AND BE IT ENACTED, That the fees now due to the respective clerks of the late general
court and to the clerk of the court of appeals, shall be made out, collected and paid, in the manner
and within the time, heretofore prescribed by law, and as the said fees were heretofore made out
collected and paid, and for the purpose of making out said fees the same clerks may respectively have
access to the records of said courts respectively.

LVI. AND BE IT ENACTED, That where any writ of error has been brought, or exception taken
in any action which has been transmitted from the late general court to any county court under the
provisions of this act, the court of appeals shall determine therein upon the points arising out of the
real merits of the case, and not upon the legal form of the record, nor shall the judgment which
may be in such cases entered, or the opinion given in the county court, be reversed for the want of
legal form in such record.

XLVII. AND BE IT ENACTED, That during the recess of any county court, it shall and may be law-
ful for any justice of any orphans court of any county wherein no associate judge of the county court
resides, to grant permits in all cases where an associate justice heretofore could or might have grant-
ed them, and in the same manner, and for the same time, and the money therefor shall be immedi-
ately paid by the party applying for the same to the clerk of the county court, to be accounted for
as other monies received for licences, and within the same time, and under like penalties, and it
shall be the duty of the justice of the orphans court, forthwith to return to the said clerk of the
county court, the recognisance thereupon taken, who shall file the same, and enter the name of the
principal therein named, and his securities, upon the list of persons licensed by the court.

XLVIII. AND BE IT ENACTED, That it shall and may be lawful for any judge of any district, or
any justice of the peace in the several counties of this state, to take the bond or recognizance of any
coroner, in the same manner, and shall have the same effect and operation, as bonds or recognizances
heretofore taken by a chief justice of any district, or an associate justice of any county.

XLIX. AND BE IT ENACTED, That no prosecution now depending, or hereafter to be instituted,
shall be removed, unless, after indictment being found, the person or persons against whom said in-
dictment shall be found, shall suggest, in writing, supported by affidavit, or other proper evidence,
that a fair and impartial trial cannot be had in such court where such indictment is found, that then
it shall be lawful for the said court, in their discretion, to order and direct the record of the proceed-
ings in suit prosecution to be transmitted to the judges of the adjoining county court, before whose
the same shall be heard raid determined, in the same manner as if such prosecution had been orig-
nally instituted therein.

L. AND BE IT ENACTED, That all commissions which issue to civil officers shall be recorded by
the clerk of the council, in a book to be furnished and kept by him for that purpose, and he shall be



 
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Session Laws, 1805
Volume 607, Page 45   View pdf image (33K)
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