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APPENDIX——CHANCERY LAWS.
8. AND BE IT ENACTED, That nothing in this
act shall be construed
to allow the clerks of the several county courts any other or
greater fees than those already allowed to them for chancery proceedings
in the county courts. |
DEC. 1814.
CHAP. 94.
Clerks fees. |
9. AND BE IT ENACTED, That this act shall
continue and be in
force, until the 20th day of November next, and to the end of the
next session of assembly which shall happen thereafter.
This act declared permanent by 1815, ch. 163. |
Duration. |
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DECEMBER SESSION, 1815.
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CHAP. CLXIII.
A Further Supplement to the act(a,) entitled, An act respecting
the
equity jurisdiction of the County Courts. Lib. TH. No.
5, fol. 21.
(a) 1791, ch. 78. See 1814, ch. 94. |
Passed Jan. 26, 1816. |
WHEREAS some doubts are entertained whether the
original act,
and the supplements thereto, to which this is an additional supplement,
confer on the county courts a concurrent jurisdiction within
their respective districts, in all cases with the court of chancery
within this state; therefore, |
Preamble. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
the several county courts of this state, by virtue of the said original
act, and the supplements thereto, are to all intents and purposes
invested with all and singular the powers, authorities and jurisdictions,
that can or may be exercised by the chancellor of this
state, whether the same be derived from the common law, or in
virtue of any statute or act of assembly heretofore passed. |
Jurisdiction. |
2. AND BE IT ENACTED, That in case any bill
to complete the
specific performance of any contract shall be filed in any county
court of a county in which the respondent or respondents do reside,
although the specific performance is to be executed in some
other place, the said court are hereby authorised to hold plea thereof,
and to decree according to the equity of the case, and the said
decree shall have the same force and effect as a decree of the chancellor
would have had, and be enforced in the same manner; provided
that in case of a decree for the specific performance of a contract
to convey real property lying in a different county, an office
copy of such decree shall be first filed with the clerk of the county
where such real estate may lie and be recorded. |
May decree in
case of bill to complete
specific performance
of a contract,
and decree
according to equity. |
3. AND BE IT ENACTED, That when two or more
respondents
reside in different counties, the complainant or complainants may
elect in which county to file his bill, and in such case a duplicate
subpœna or subpœnas shall issue to such county or counties wherein
such respondent or respondents may reside, and the same proceedings
may be had and enforced to compel the appearance of the
party or parties, as if such respondent or respondents respectively
resided in the county in which such bill may have been filed. |
Respondents residing
in different
counties, complainants
may elect
in which to file his
bill. |
4. AND BE IT ENACTED, That the said courts
are hereby authorised
and empowered to issue commissions, as well to take the
answer or answers of any respondent or respondents, as also to
take the depositions of any witness or witnesses, as well in the
county wherein the bill of complaint may be filed, as also in any |
Commissioners to
take answers, &c. |
VOL. IV.
57
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