| 1806.
CHAP. 90.
Any writ of scire
facias or attachment,
so issued,
and not executed,
may be renewed
by clerk of county
court. |
LAWS OF MARYLAND.
the court for said county, and shall be of the same effect, and
be valid in law, to every legal intent, and may be proceeded upon
in like manner, as writs of attachment which have or may issue
from the county courts, on judgments obtained therein, in similar
cases; and if any writ of scire facias or attachment, which have
been or may be issued upon any judgment or proceeding in the late
general court, shall not be executed by the sheriff to whom the same
has been or may be directed and delivered, it shall be lawful for
the clerk of the county court to whom such writ shall be returned,
to renew any such writ upon application of the party, his agent or
attorney, in the same manner as if such writ had originally issued
upon a judgment or proceeding in such county court.
See 1805, ch. 65, s. 29, and November 1812, ch. 145. |
Scire facias's and
attachments may
be issued on judgments
rendered in
the court of appeals,
returnable
to the county
courts, and if not
executed may be
renewed by clerks
of the county
courts. |
3. AND BE IT ENACTED, That in all cases where
a scire facias
or attachment with clause of scire facias, may be required to
be issued
upon any judgment which has been, or which may be, rendered
in the court of appeals of either shore, the clerks of the
court of appeals for the respective shores shall in like manner issue
the said writ of scire facias, or attachment with clause of scire
facias,
directed to the sheriff of the proper county, and shall transmit
therewith a short copy of the said judgment under seal, and such
writs shall be made returnable at the place, and on the day, prescribed
for holding the court for such county, and shall be of the
same effect, and be valid in law, to every legal intent, and may be
proceeded upon in like manner, as writs of scire facias and attachment
which have or may issue from the county courts, on judgments
obtained therein in similar cases; and if any such writ shall not be
executed by the sheriff to whom the same may be directed and delivered,
it shall be lawful for the clerk of the county court to which
such writs shall be returned, to renew the same upon application of
the party, his agent or attorney, in the same manner as if such
writs had originally issued upon judgments in such county court.
See November 1812, ch. 145, as to scire
facias's against heirs and terre-tenants. |
County court may
order an attachment
for payment
of costs of the
term awarded by
or allowance made
to a witness in the
late general court. |
4. AND BE IT ENACTED, That if any case which
may have been
transferred from the late general court of either shore to the county
courts, costs of the term has been awarded by the late general
court against any party, or any allowance made to a witness for
his attendance in any case, and the same has not been paid to the
party in whose favour such costs were awarded, or to any witness
to whom such allowance may have been made, it shall and may be
lawful for the county court of the county where the party liable to
pay such costs or allowance may reside, to order and direct an attachment
against such party, upon satisfactory evidence of a demand
having been made of and from such person for such costs or allowance,
and of his neglect or refusal to pay the same, in the same
manner as if such costs had been awarded, or such allowance had
been made, in the county court of said county. |
In cases of writs
of error coram vobis
brought before
the court of appeals
where a fact
is put in issue, the
record to be transmitted
to the
county court, &c. |
5. AND BE IT ENACTED, That in all cases of
writs of error
coram vobis, which are depending in the court of appeals of either
shore, and in all cases of writs of error coram vobis hereafter
to be
brought before the said court of appeals, where it shall appear to
the court proper and necessary to try any matter of fact put in issue
by the pleadings in the case, that it shall and may be lawful for |
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