| 1817.
CHAP. 138. |
LAWS OF MARYLAND.
may in either case have the like remedy by attachment, and by the
like process and proceedings, as a creditor may now have in such
cases when the debt doth exceed the sum of money above mentioned. |
Courts to exercise
jurisdiction in certain
cases. |
2. AND BE IT ENACTED, That if such debtor
or debtors shall
be arrested on the capias ad respondendum issuing with such attachment,
from any county court in this state, or if the said debtor
shall appear to the same within the time limited in other cases of
attachment, the court in which such proceedings may be had shall
have and exercise full and ample jurisdiction in such suit, in the
same manner, and by the like process and proceedings, as if the
said debt exceeded the said sum of fifty dollars current money. |
|
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Passed Feb. 6, 1818. |
CHAP. CXXXIX.
An Act to provide for the conveyance and return of Process issued
from the Courts of one County to the Officers of another.
Lib. TH.
No. 6, fol. 46. |
| Preamble. |
WHEREAS, the trial of causes, civil and criminal,
is often delayed
by the irregular manner in which process is conveyed from the
courts of one county to the officers of another county, and by the
want of convenient proof of the delivery of such process to the officers
to whom the same is directed, as well as by the frequent neglect
of such officers to serve and return such process; and it appears
to be necessary, for the speedy and due administration of
justice, that an effective remedy should be provided in that behalf,
therefore, |
Process issuing
from ____ county
to reserve
_____ to
be conveyed. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
from and after the passage of this act, the clerk or register of any
court within this state, who shall be required to issue any original
or judicial writ, subpœna, summons, or other process, to be served
in any other county than that in which such court shall usually
hold its session, shall issue such process accordingly, directed to
the sheriff, coroner, or other proper officer, of such other county to
whom the same ought to be directed, and shall immediately enclose
such process in a letter or cover, sealed up and addressed to the
clerk of such other county, and on the back thereof shall endorse
his name as clerk of the county, and shall forthwith deposit the same
in the nearest post office, to be conveyed by the ensuing mail to the
post office at the place in which, or nearest to which, the clerk of
such other county shall reside; and in such letter or cover shall be
written the usual docket-entry of such process, so as to show the
parties concerned, and the nature and purpose thereof. |
Clerks to send to
post offices once a
week. |
2. AND BE IT ENACTED, That it shall be the
duty of the several
clerks of the respective counties of this state, to attend at or send
to the post-offices nearest to their residence, at least once a week,
and inquire for letters and covers addressed to them; and if such
letters or covers shall contain any writ or process directed to the
sheriff, coroner, or other officer, of their respective counties, they
shall immediately endorse the time when they received the same,
and with all convenient speed deliver the same to the sheriff, or
other officer, to whom the same may be directed; and shall also
endorse thereon the time when the same shall be so delivered to
such officer. |
On receipt of process
____
certificate thereof,
&c. |
3. AND BE IT ENACTED, That it shall be the
duty of every such
clerk who shall receive and deliver any writ or process, in manner
and form aforesaid, to transmit by the mail, and in due time before |
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