VI. AND whereas
by an Act of Assembly made at a Session of Assembly,
begun and held at Annapolis, on the Twenty-sixth Day of
April, in the Year of our Lord Seventeen Hundred and Fifteen, entitled,
An
Act for appointing certain Days on which the several and respective County
Courts
within this Province are to be held, it is, amongst other Things, Enacted,
That
any Two Justices of the several and respective County Courts, one to be
of
the Quorum, should have full Power and Authority, when and as often as
Need should require, to Adjourn the said County Courts, Process, and Proceedings
therein depending, to such short Time after as they should see convenient:
And whereas some Doubts have arisen, Whether by Virtue of the
said Act, the Two Justices aforesaid (one of the Quorum) have Power to
Adjourn a County Court to the Court in Course; as also, Whether by Virtue
of that Act, the Two Justices (one of the Quorum) have Power to call a
County Court; and whether several County Courts may not, by one or both
of the Means aforesaid, have been discontinued, and the process and Proceedings
therein ended and finished, and such as were then undetermined,
may not have been thereby rendered null and void; To remove which several
Doubts for the future;
VII. Be it Enacted,
by the Authority, Advice and Consent aforesaid, That it
shall and may be lawful to and for any Two Justices of every County, one
of
them to be of the Quorum, in Case of Necessity, to prevent the Discontinuance
of their respective County Courts, and for no other End or Purpose
whatsoever, to Call such County Court on the Day to which the same shall
have been Adjourned, and also for the like Necessity, and for the same
Reason,
and no other, to Adjourn any County Court to any future Time not subsequent
to the Day by the above mentioned Act appointed for the Meeting of
the Court in Course. Provided always,
That no Business or Proceedings
whatsoever, relative to such County Court, other than the Calling or Adjourning
as aforesaid, shall be had, done, or transacted, in or by any Court
so as aforesaid by Two Magistrates called, unless, after the Meeting at
such
Court of such Number of Magistrates, and so qualified, as shall be by the
Commissions of the Peace for each County respectively directed.
VIII And be it
further Enacted, by the Authority aforesaid, That all and
every County Court, and all Process and Proceedings whatsoever therein
respectively
had and transacted, which may, at any Time heretofore have
been Discontinued, by either a Miscalling or Misadjourning, or a defective
Calling or Adjourning, as aforesaid, and which have, notwithstanding such
a Discontinuance, proceeded to the transaction of Business, and hearing
and
determining of Suits, Indictments, or other Prosecutions or Process whatsoever,
that in all such Cases the Judgments and other Decisions, Business,
Prosecutions, Process, and other Proceedings, done and transacted by such
Courts respectively, shall be, and they are hereby declared to stand and
be,
to all Intents, Constructions, and Purposes, as good, valid, and effectual,
as |
Doubts on
the Construction
of the
Act of 1715,
ch. 14.
Two County
Justices, one
being of the
Quorum, may
(in case of Necessity)
call or adjourn
the County
Court, on
the Day to
which it hath
been adjourned.
But not transact
any other
Business.
All former
Proceedings
of County
Courts made
valid, notwithstanding
Discontinuance
by Miscalling,
&c.
under the
former Act. |
