| 1805.
CHAP. 65. |
LAWS OF MARYLAND.
days herein before mentioned, and shall be adjudged and taken, to
all intents and purposes, to be in the same full and complete existence
and operation, at the respective courts to be holden as aforesaid,
as if no reform in the courts of common law had taken place,
and the judges of the said respective county courts, at their said
next term, may proceed to hear, try and determine, or further continue
the said causes, pleas, process and proceedings respectively,
as the case may require, as fully and effectually as the same might
or could have been done in the late county courts and general court
respectively, in case the said reform in said courts had not taken
place, any law to the contrary notwithstanding. |
All appeals and
writs of error depending
in late
court of appeals or
general court, revived
and continued
to, and to be
heard in, the court
of appeals for the
shore. |
39. AND BE IT ENACTED, That all actions, pleas,
process and
proceedings, of what kind soever, which were depending and undetermined
in the court of appeals, or which were pending and
undetermined upon the appeal and error docket of the late general
court, on the aforesaid thirtieth day of November, shall be and
they are hereby revived and continued to the next court of appeals
which shall, under the provisions of this act, be held for the respective
shores, and shall be then adjudged and taken, to all intents
and purposes, to be in the same full and complete existence and
operation, and the judges of the said court may then and there proceed
to hear, adjudge, try and determine thereon, as fully and effectually
as the same might or lawfully could have been done by the
judges of the late court of appeals, or general court, in case the reform
aforesaid had not taken place, any law to the contrary notwithstanding.
40. This section repealed by
1806, ch. 41, s. 3.
41. This section has been altered and supplied
by 1806, ch. 90, s. 1. |
Where writs of
habeas corpus, &c.
and records not
transmitted, county
court to retain
the actions. |
42. AND BE IT ENACTED, That in all cases where
writs of habeas
corpus, and certiorari have been produced in any action in any
county court, and allowed, and the record has not be transmitted
to the late general court, the courts to which the said writs were
produced shall retain said actions, and the same are hereby reinstated
and continued, and shall be proceeded upon as if such writs
had not been produced and allowed, any law to the contrary notwithstanding. |
Appeals, &c. may
be prosecuted in
the late general
court—Stays of
execution on certain
judgments
extended. |
43. AND BE IT ENACTED, That appeals to the
court of appeals
of the respective shore may be prosecuted upon judgments obtained
in the late general court, at the late September and October terms,
in the manner, and according to the form, prescribed by law, and
the writs of error therein shall be made returnable before the judges
of the court of appeals, who shall thereupon have cognizance
in such cases and shall proceed therein as in cases of appeals heretofore
from the late general court to the late court of appeals, any
law to the contrary notwithstanding; and in all cases where there
has been a stay of execution on any judgment in the late general
court, and the time of such stay had not expired on the said thirtieth
day of November, the stay of execution shall be extended for
one month from the passage of this act. |
Writs of diminution
in cases of appeals
to the late
general court, &c.
to be returnable
to court of appeals. |
44. AND BE IT ENACTED, That in all cases where
writs of diminution
have been issued from the general court, in any appeal to
the general court from any county court or orphans court, the same
shall be returnable to the court of appeals of the respective shore,
and in cases where the same hath issued from the late court of appeals, |
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