| 1815.
CHAP. 149.
Courts may issue
warrants, &c. to
officers of other
counties—penalty
on neglect to execute. |
LAWS OF MARYLAND.
2. AND BE IT ENACTED, That every county court
to which any
action hath been or may be removed, shall have full power and
authority to issue a warrant of resurvey, order or other process,
to the sheriff, surveyor or other officer, of the county from which
such action hath been or may be removed, or to the sheriff or other
officer of any other county; and the sheriff, surveyor or other officer,
to whom any such warrant of resurvey, order or other process,
may be directed and delivered, shall be bound to execute and obey the
same in like manner as if such warrant of resurvey, order or other
process, had issued from the county court of the county from which
such action was removed, or of the county court of the county in
which such sheriff, surveyor or other officer may reside, and upon
the
neglect of such sheriff, surveyor or other officer, to execute and
obey such warrant of resurvey, order or other process, the county
court to which any such action shall or may be removed, and to
which such warrant of resurvey, order or other process, may be
returnable, shall, on motion, and upon proof of the delivery of
any such warrant of resurvey, order or other process, amerce such
sheriff, surveyor or other officer, and enter up judgment in the
manner provided and directed by the first section of this act.
See the act of 1817, ch. 139, providing
for the conveyance and return of process
issued from the court of one county to the officers of
another. |
Suits which are
not to abate by the
death of either
party, further proceedings
may be
had, &c. |
3. AND BE IT ENACTED, That if any suit or
action brought or
to be brought in any court of law in this state, which by law is not
to abate by the death of either of the parties thereto, and a declaration
hath been or may be filed before the death of the plaintiff
therein, further proceedings may be had upon the declaration so
filed, but the executor or administrator, as the case may require,
or other proper person interested on the part of the deceased, may
at any time after appearance, have liberty to amend such declaration,
in the same manner as it might have been done by the original
plaintiff if living. |
Persons absent becoming
parties—
Subpoenas may be
issued. |
4. AND BE IT ENACTED, That if the defendant
in any suit or
action hath died, or hereafter shall die, whilst such suit or action
shall be depending, and the heir, devisee, executor or administrator,
of such defendant, as the case may require, or other proper
person, necessary to be made party to such suit or action, resides
out of this state, the court in which such suit or action is or may
be depending, shall on motion order and direct a subpœna to be
issued, directed to such heir, devisee, executor, administrator or
other proper person, as the case may require, commanding him,
her or them, to be and appear before such court on or before the
first day of its next session thereafter, to answer unto the plaintiff
in such suit or action, in the plea therein, if to him, her or them,
it shall seem meet, which subpœna the plaintiff in the said suit or
action may serve, or procure to be served, upon such heir, devisee,
executor, administrator or other proper person; and upon proving
to the satisfaction of the court to which subpœna shall be made
returnable, that the same has been duly served, if the heir, devisee,
executor, administrator or other proper person, so served with the
said subpœna, shall not appear on or before the third day of the
second term of the said court after such service, in person or by
attorney, and defend such suit or action, the said court on motion
shall order and direct a judgment to be entered for the plaintiff in |
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