| 1805.
CHAP. 65.
Process returnable
on the days
limited for holding
the county
court. |
LAWS OF MARYLAND.
22. AND BE IT ENACTED, That from and after
the passing of
this act, and the promulgation thereof in the respective counties, it
shall and may be lawful for the respective clerks of the present
county courts to issue process returnable to the county courts on
the days herein before limited for holding said courts in their respective
counties, and such process, so to be issued, shall be tested
in the name of the late chief justice of the district in which the
same shall issue, until the judges shall have qualified under their
respective appointments; and farther, to discharge all and singular
the other duties of clerks as heretofore. |
All causes, process,
&c. depending
before or issued
from the late
county or general
court, how to be
returned and tried
&c.—How process
to be tested and
returnable. |
23. AND BE IT ENACTED, That all causes, pleas,
process and
proceedings, civil or criminal, returnable or which shall be returnable
to, or depending before, the late county courts of this
state, and all writs and other process which have issued in virtue
of the act to vest temporary powers in the several clerks in the
several counties of this state, and all writs, process and proceedings
whatsoever, which have issued from the general court, returnable
to the general court of either shore, shall be continued,
and shall be returned to the several county courts in each judicial
district, by the proper officer of each respective county to whom
they shall or have been respectively directed, at the times herein
before appointed for the holding of each, and shall be heard, tried,
proceeded upon and determined therein, in the same manner as
they might or could have been heard, tried, proceeded upon and
determined, in the several county courts, or in the general court,
before the said thirtieth of November, and shall be of full force,
effect and validity, to every legal intent; and all writs and other
process, issuing out of any of the said county courts in the said judicial
districts, shall be tested in the name of the chief judge, and
in case of his death, resignation or disqualification, before a new
appointment, in the name of the associate judge first named in the
commission; and all writs and other process shall be returnable on
the days appointed by this act. |
Commitments and
recognizances to
be returned to the
county courts, &c.
Sheriffs, &c.—
to execute their
duties, &c. |
24. AND BE IT ENACTED, That all commitments
and recognizances
for all felonies, crimes, offences or misdemeanors, committed
in the several counties, and triable by law in the county courts,
shall be returned to the respective county courts in the several judicial
districts, by the justice making such commitment, or taking
such recognizance, on the first day herein appointed for holding
the county court in their county; and all sheriffs, clerks, and all
other civil officers, shall execute and perform the same offices and
duties, under the same penalties, in their respective county courts,
as they were by law obliged to perform and execute in the late
county courts. |
Powers, &c. of the
criminal court of
Baltimore not to
be affected by this
act. |
25. AND BE IT ENACTED, That nothing herein
contained shall
extend, or be construed to extend, to alter or change the powers
and jurisdictions of the court of oyer and terminer and gaol delivery
of Baltimore county, or to give criminal jurisdiction to the
county court to be held at Baltimore for the sixth district, any
thing herein contained to the contrary notwithstanding.
See 1816, ch. 193. |
Where judgment
by default against
sheriff he may produce
defendant at
next county court. |
26. AND BE IT ENACTED, That in all cases where
judgments by
default have been obtained in any court of this state against any
sheriff or coroner, which defaults might, by the court in which the |
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