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ROBERT BOWIE, ESQUIRE, GOVERNOR.
or where any diminution shall hereafter be suggested in any
case now depending therein, or in any appeal which shall hereafter
be prosecuted from any judgment obtained in the late general court,
the court of appeals may direct the clerk to examine the same with
the original papers and record in the late general court, and to correct
and amend the record in said cases thereby in the several points
wherein the diminution may be suggested, any law to the contrary
notwithstanding. |
1805.
CHAP. 65. |
45. AND BE IT ENACTED, That the fees now due
to the respective
clerks of the late general court and to the clerk of the court of
appeals, shall be made out, collected and paid, in the manner, and
within the time, heretofore prescribed by law, and as the said fees
were heretofore made out, collected and paid, and for the purpose
of making out said gees the same clerks may respectively have access
to the records of said courts respectively.
46. This section repealed by
1806, ch. 41, s. 3.
47. This section repealed by 1816, ch. 242. |
Fees due to clerks
of late general
court to be collected,
&c. as heretofore. |
48. AND BE IT ENACTED, That it shall and may
be lawful for
any judge of any district, or any justice of the peace in the several
counties of this state, to take the bond or recognizance of any coroner,
in the same manner, and shall have the same effect and operation,
as bonds or recognizances heretofore taken by a chief justice
of any district, or an associate justice of any county. |
Coroner's bond
may be taken by
judge of the district
or justice of
the peace. |
49. AND BE IT ENACTED, That no prosecution
now depending,
or hereafter to be instituted, shall be removed, unless, after indictment
being found, the person or persons against whom said indictment
shall be found, shall suggest, in writing, supported by
affidavit, or other proper evidence, that a fair and impartial trial
cannot be had in such court where such indictment is found, that
then it shall be lawful for the said court, in their discretion, to order
and direct the record of the proceedings in said prosecution to
be transmitted to the judges of the adjoining county court, before
whom the same shall be heard and determined, in the same manner
as if such prosecution had been originally instituted therein.
See 1804, ch. 55, s. 3, and November 1809, ch. 138, s. 20. |
No prosecution to
be removed unless
on suggestion supported
by affidavit
&c. that a fair trial
cannot be had. |
50. AND BE IT ENACTED, That all commissions
which issue to
civil officers shall be recorded by the clerk of the council, in a book
to be furnished and kept by him for that purpose, and he shall be
allowed the same fees for his trouble that have heretofore been allowed
to the clerk of the general court, to be paid at such time as
the governor and council may think proper, by orders drawn on
the treasury of the western shore. |
Commissions to
civil officers to be
recorded by clerk
of the council. |
51. AND BE IT ENACTED, That it shall not hereafter
be lawful
for any person or persons to sue, or be sued, in privilege, any law,
usage or custom, to the contrary notwithstanding.
52. This section was suspended
till 1st January 1807, by ch. 96, and has been
altered and supplied by 1806, ch. 41, s. 5. |
No person to sue
or be sued in privilege. |
VOL. I.
65
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