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ROBERT WRIGHT, ESQUIRE, GOVERNOR.
the said court to direct their clerk to transmit a transcript of the
record of the proceedings in such case, 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, or to such
other county as the parties in the said cause, or their attornies, may
consent to or agree upon; and the county court, to which any such
transcript shall be transmitted as aforesaid, shall proceed in such
action, and to a trial of the facts put in issue, in such manner as in
other cases depending in the said county court. |
1806.
CHAP. 20. |
6. AND BE IT ENACTED, That the case on an
appeal from the
chancery court, and now standing on the docket of, and depending
in, the court of appeals for the western shore, between John
Turner, and Rachel his wife, appellants, and Sluyter Bouchell and
John Carnan, executors of Sluyter Bouchell, and Jonathan Jester,
appellees, be and the same hereby is placed in the same situation,
and shall be, to every legal intent, as valid as if the same had been
depending in the late court of appeals previous to the abolition of
the said court, and may be proceeded on, heard, tried and determined,
by the court of appeals for the western shore, in the same
manner as it would or might have been in case the late court of appeals
had not been abolished. |
The appeal by
Turner and Wife
to be proceeded
on, &c. |
7. AND BE IT ENACTED, That the clerks of the
several county
courts be and they are hereby directed and required, carefully and
accurately to enter the courses, metes and bounds, in the record
entries which they are directed to make under and in virtue of the
act, entitled, An act to aid conveyances of land improperly enrolled,
and for other purposes, passed in the year one thousand seven
hundred and eighty-five, chapter nine, and copies of which they are
directed to transmit to the clerks of the court of appeals for the
respective shores, in virtue of the twentieth section of the act to
which this is an additional supplement, in every case where it is or
may be expressed in the deed or conveyance from which the said
entry shall be made, that the land or lot therein mentioned or described
is part of a tract or lot of land, and where the courses, metes
and bounds, are therein particularly described. |
County clerks are
to enter the
courses &c. in
certain extracts of
deeds, &c. |
8. AND BE IT ENACTED, That writs of error
may be prosecuted
to the court of appeals for the respective shores, upon judgments
which have been obtained in the late general court, in the same
manner, and according to the form, prescribed by law; and such
writs of error shall be directed to, and made returnable before, the
said court of appeals, at the place prescribed by law for holding
the said court for the respective shores, and the said court of appeals
shall have cognizance in all cases, and shall proceed
therein as in cases of writs of error prosecuted upon judgments
rendered in the county courts.
By 1807, ch. 151, the time within which
a writ of error can be brought is limited
to three years after judgment rendered. |
Writs of error
may be prosecuted
on judgments rendered
in the late
general court, &c. |
9. AND BE IT ENACTED, That the county courts
shall have, use
and exercise, in their respective counties, all and singular the powers,
authorities and jurisdictions, which the general court, at the
time of the abolition thereof, might or could have used and exercised
in cases of writs of mandamus; and where any record shall
have been, or may hereafter be, transmitted from any county
court in this state to an adjoining county court, by virtue of the
second section of an act to provide for the trial of facts in the several |
County courts
may order writs of
mandamus; and
where records are
transmitted from
an adjoining county
court, may, on
suggestion, issue
writs of diminution. |
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