| 1805. |
LAWS OF MARYLAND.
may be, and shall be of the same effect, and be valid in law, to every
legal intent, and be proceeded upon in like manner, as writs of
scire facias, which issued, or shall issue, from the county courts,
on judgments obtained therein in similar cases have heretofore issued
from said courts respectively, any law to the contrary notwithstanding.
By 1806, ch. 90, s. 2, the clerk of
the county court may renew any such writ
of scire facias, if it has not been executed by the Sheriff.
See November 1812,
ch. 45, as to scire facias's against heirs or
terre tenants. |
Original papers,
&c. in the late
general court in
actions depending
therein, and appeals,
&c. in the
late court of appeals
from the general
court for the
E. S. how and
where to be transmitted,
&c. |
30. AND BE IT ENACTED, That it shall be the
duty of the said
late clerks respectively, or in case of death or refusal to act, such
person or persons as the governor and council shall appoint, forthwith
carefully and diligently to select and assort all the original papers
now on the files of the general court of the respective shores in
the several actions, and the evidences and plots relating thereto, on
the several dockets, (except the appeal and error dockets,) wherein
judgments have not been obtained, and also the transcripts and
original papers now on the files of the late court of appeals, in appeals
brought from the late eastern shore general court, and to make
out a fair list of suits to which they respectively belong, and
the several docket entries in such suits, with a taxation of the
plaintiff's and defendant's costs which have accrued in each, to wait
the final event of the cause, and carefully to pack up the same original
and other papers belonging to the suits of each respective county,
and also the original and other papers and records belonging
to any appeal from the eastern shore, as aforesaid transferred, in a
separate box or package, and the said boxes and packages, in which
the said lists shall also be respectively enclosed, shall be immediately
forwarded, under the direction of the governor and council.
to the clerks of the respective counties, and to the clerk of the court
of appeals for the eastern shore, who are hereby respectively required
and directed to file the said original papers, and to docket
the said suits upon the dockets in his said office, to which they shall
respectively belong, and they shall be there recorded, and the same
proceedings shall be thereupon had in said suits as if they had been
originally brought in the respective county courts, or in the court
of appeals for the eastern shore, as the case may be, any law to the
contrary notwithstanding. |
Late clerks to act
until clerks of the
court of appeals
shall be appointed. |
31. AND BE IT ENACTED, That the said late
clerks respectively,
until the clerks of the court of appeals shall be respectively appointed,
and shall qualify as aforesaid, shall generally do, execute and
discharge, all and every the duties, matters and things, which have
heretofore been required by law to be done, executed and discharged,
by the clerks of said courts respectively, and shall be of the
same force and validity, to every legal intent, any law to the contrary
notwithstanding, and shall be entitled to receive for their services
the same fees as a clerk of the general court was entitled to
receive for like services, to be made out, collected and paid, in the
manner now prescribed by law, and shall receive, as a compensation
for the other duties prescribed by this act, such sum as the governor
and council shall allow. |
Where a difference
of time existed,
&c. that in
county court to
prevail. |
32. AND BE IT ENACTED, That in all instances
whatever, where
a difference of time existed in the general court and the county court,
for the doing of the same or similar matters or things, that the
time prescribed for the county court shall prevail. |
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