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ROBERT BOWIE, ESQUIRE, GOVERNOR.
8. AND BE IT ENACTED, That all cause, legal
or equitable, civil
or criminal, that are or were depending in the former court of
appeals, or in the general court, on an appeal or writ of error from
any court of this state, shall be and the same are hereby transferred
to the court of appeals established under the constitution, as
amended; that is, all causes that are or were depending as aforesaid,
in either of the courts, on an appeal or writ of error from the
chancery court, the general court for the western shore, any county
court or orphans court of said shore, shall be and the same are
hereby transferred to the court of appeals which shall sit on the
western shore; and all causes depending, or that were depending,
in either of the courts aforesaid, at the time aforesaid, on appeal
or writ of error from the general court for the eastern shore, or
which were depending in said court on an appeal or writ of error
from any county or orphans court of that shore, shall be and the
same are hereby transferred to the court of appeals which shall sit
on the eastern shore; and the said causes, so as aforesaid transferred,
shall stand, in the respective courts to which they are transferred,
in the same state as they were in the court from which they are
transferred, and shall be heard, tried and determined, by the court
of appeals, when sitting on the western and eastern shores respectively,
in the same manner as they would have been tried by the
courts aforesaid where they were depending, in case the said courts
had not been abolished; and executions shall issue on the judgements
given in the said courts, as the late court of appeals and the late
general court might or could have done if the said courts had not
been abolished; Provided nevertheless, that the court of appeals
to
which said causes are transferred, may, in all such cases as could
not have been continued in the court from which they are transferred,
in their discretion, continue the same to one court more than
they could have been continued in the court where they were depending
as aforesaid. |
1805.
CHAP. 65.
Appeals and writs
of error depending
in the late
court of appeals
or general court,
transferred to the
present court of
appeals—Executions
may issue,
&c.
Proviso.
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9. AND BE IT ENACTED, That the late clerks
of the late court
of appeals and general court respectively, and in case of death, or
refusal to act, of either of them, such person as the governor and
council shall appoint, shall forthwith transmit from their respective
offices, all transcripts and records on appeals and writs of error
depending in the said court on the thirtieth day of November last,
except appeals from the court of chancery, and all transcripts and
records of appeal and writs of error, except as aforesaid, had and
made returnable to either of the said courts, during the existence
thereof, to the clerks of the court of appeals on the western or
eastern shore respectively. |
Records on appeals
and writs of
error to be transmitted
to the
clerks of the courts
of appeals of the
respective shores. |
10. AND BE IT ENACTED, That all appeals from
the chancery
court, or from the county court of any county, and all writs of error
from the county courts, shall hereafter be had and made returnable
to the court of appeals for the respective shores, and the
same proceedings thereupon had, and in the same manner and
within the time, and according to the form, as is prescribed, limited
and directed by law.
11. This section supplied by
1806, ch. 90, s. 8. |
Appeals, &c. to be
made returnable
to the court
of appeals of the
respective shores. |
12. AND BE IT ENACTED, That no judge, after
having qualified
as such, shall act as an attorney or solicitor in any court of law
or equity in this state, during the time that he shall act as judge. |
No judge to act
as attorney. |
VOL. I.
62
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