|
ROBERT WRIGHT, ESQUIRE, GOVERNOR.
CHAP. XC.
An Additional Supplement to an act * to provide for the Organization
and Regulation of the Courts of Common Law in this State,
and
for the Administration of Justice therein. Lib.
TH. No. 1, fol.
284. |
1806.
CHAP. 99.
Passed Jan. 4, 1807.
* 1805, ch. 65. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in all cases of appeals or writs of error, heretofore prosecuted or
brought before the late court of appeals, or the late general court
for the western and eastern shore respectively, and which were
transferred to the court of appeals for the respective shores, in
virtue of the act to which this is an additional supplement, and in
all cases of appeals or writs of error which have been or may be
prosecuted or brought before the court of appeals for the respective
shores, where the judgement excepted to shall be reversed, in
the manner provided by the act of November session, one thousand
seven hundred and ninety †, entitled, An act directing new trials
in certain cases where judgments shall be reversed on appeal or
writ of error, that the court of appeals for the respective shores
shall, in the case of a writ of error to, or appeal from the county
court to the late general court, and so as aforesaid transferred,
and in case of a writ of error to, or appeal from, the county court
to the court of appeals for the respective shores, direct their clerk
to return the transcript of the record to the clerk of the county
court which gave the judgment, with a writ of procendo to such
county court, directing them to proceed in such action, and to a
new trial thereof, in the same manner as if no trial had taken
place, or any appeal had been prosecuted, or writ of error brought;
and in the case of a writ of error to, or appeal from, the late general
court to the late court of appeals, and so as aforesaid transferred,
then the court of appeals for the respective shores shall direct
their clerk to return the transcript of the record to the clerk of the
county court of the county where the defendant named in the original
action may reside, or was arrested upon the original writ, and
if there shall be more than one defendant in any such action, then
at the discretion of the court, to the clerk of the county court of
the county where either of the defendants may reside or were arrested,
with a writ of procendo to such county court, directing
them to proceed in such action as is herein before mentioned; and
there shall be the same proceedings had upon the transcript and
writ of procendo as is provided by the said last herein before
mentioned act. |
Where a judgment
is reversed,
the court of appeals
may direct a
return of the record
to the county
court, with a writ
of procendo,
&c.
† Ch. 47. |
2. AND BE IT ENACTED, That in all cases where
an attachment
with clause of scire facias, may be required to be issued upon any
judgment of proceeding in the late general court of either shore,
the clerks of the court of appeals for the respective shores shall,
upon application of the party, his agent or attorney, issue the said
writ of attachment, directed to the sheriff of the proper county,
and shall transmit therewith a short copy of the said judgment or
proceeding under seal; and if the said judgment shall be for attachment,
then the said clerks respectively shall transmit to the county
court the original papers upon which such judgment was entered,
together with a statement of the docket entries, and costs which may
have accrued thereon in the late general court, and such writ shall
be made returnable at the place and on the day prescribed for holding |
Attachments may
issue on judgments
rendered in
the late general
court returnable
to the county
court. |
|
 |
