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BENJAMIN OGLE, ESQUIRE, GOVERNOR.
CHAP. LXIX.
An Act relative to the jurisdiction of the Court of Appeals.
Lib. JG.
No. 3, fol. 464. |
1800.
CHAP. 69.
Passed Dec. 19. |
WHEREAS the authority and jurisdiction of the court
of appeals
has never been defined or ascertained, and doubts have been entertained
respecting its authority to pass such judgment on a writ of
error or appeal as ought to have been given in the court below, and
to enforce such judgment by execution. |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the court of appeals have, and shall hereafter have, full power and
authority, on reversing any judgment, or part of a judgment, at
law, on a writ of error or appeal brought by a plaintiff, to give
such judgment as ought to have been given by the court which gave
the erroneous judgment; and in any case where the said court of appeals,
on writ of error or appeal as aforesaid, hath given or shall
give such judgment as in their opinion the said court of law ought
to have given, the said court of appeals shall have full power and
authority to enforce their judgment by execution, in the same manner
as the said court of law may enforce a judgment there given. |
Court of appeals
in certain cases, to
give judgment,
&c. |
3. AND BE IT FURTHER ENACTED, That hereafter
any execution
which shall issue from the court of appeals shall express that it be
returnable to general court of western or eastern shore, as
the case may require; and the judges of the said general court shall
be and they are hereby authorised and empowered to act upon the
said return as if the execution had issued from the said general
court.
See the acts of 1804, ch. 55, and 1805,
ch. 16, abolishing the then court of appeals
and general court. See also 1805, ch. 10, and ch. 65. |
Execution to express
that it be returnable
to general
court. |
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CHAP. LXX.
An Act for the direction of Surveyors in executing Warrants of Escheat
in certain cases. Lib. JG. No. 3, fol. 464. |
Passed Dec. 19. |
WHEREAS under the existing rules and regulations
for the conduct
of surveyors difficulties have occurred in executing warrants
of escheat; for remedy whereof, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
in cases where warrants of escheat shall be hereafter delivered to
the surveyor of any county to execute, in order to survey lands held
in tenancy in common, and the part only of one or more of the said
tenants in common hath become liable to escheat, it shall be the duty
of the said surveyor, and he is hereby directed and required, to
cause to whole of the said land so held in tenancy in common to
be surveyed, and a certificate thereof returned unto the land office,
specifying the value of the whole tract of land, and improvements
thereon, and after examination of the said certificate, and payment
to the treasurer of the western or eastern shore, (as the case may
be,) of two thirds of the valuation of the escheatable part of the land
therein expressed, a patent shall issue in due time to the party in
whose name the said certificate may be returned, or his heirs or assigns,
for the undivided portion of the land that may be liable to
escheat as aforesaid. |
Whole of the land
held in tenancy in
common to be surveyed. |
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