| 1806.
CHAP. 90.
* Ch. 55. |
LAWS OF MARYLAND.
counties of this state, passed at November session, eighteen
hundred and four, * it shall and may be lawful for such county court,
on suggestion of diminution in the record transmitted being made
to such court, and the said court being satisfied of the truth of such
suggestion of diminution, to such county court from which the said
record was transmitted, as fully in every respect as records were
heretofore transmitted from the late general court to the several
county courts in this state. |
County clerks, in
actions transferred
from the late
general court to
county courts,
where judgments
rendered therein,
to make up at full
length the whole
proceedings, &c. |
10. AND BE IT ENACTED, That it shall be the
duty of the clerks
of the county courts, and they are hereby directed and required, in
all and every such suit or action which has been transferred to the county
courts, and the original papers and statements transmitted by
the clerks of the late general court, in virtue of the original act to
which this is an additional supplement, to make up at full length
from such statement so transmitted, in case there shall be a judgment
rendered in any such case, the whole proceedings which has taken
place in any suit or action to which it refers, and so as aforesaid
transferred, according to the usual and accustomed mode of making
up proceedings in courts of law; and on any appeal or writ of error
to be prosecuted or brought upon any such judgment, the said clerks
respectively shall in like manner make up the whole proceedings,
and transmit the same to the court of appeals, under and in virtue
of such appeal or writ of error. |
Causes under rule
argument in the
court of appeals,
not to abate by the
death of either
party. The heir,
&c. may appear
&c. The appeal
bond answerable,
&c. |
11. AND BE IT ENACTED, That in case any cause
in the court
of appeals of either shore shall be under rule argument, and one of
the parties shall die after such cause shall be put under rule argument,
having an attorney in court, the said cause shall not abate,
nor shall his, her or their death be suggested on the record, and
that the court of appeals may give judgment as if such deceased
party were alive, and the judgment shall have the same effect as if
it had been rendered or given in favour of or against the deceased;
Provided nevertheless, that the heir, executor or administrator,
as
the case may be, of such deceased party, may, if he thinks proper,
appear to, and become a party in, the said cause, in the place and
stead of the deceased party, whose death, in such case, shall be
suggested; and the bond which any appellant, who may die pending
any appeal or writ of error standing under rule argument, shall
have executed for the prosecuting an appeal, or suing forth a writ
of error, and the securities therein, shall be liable and answerable
to the appellee, his executors, administrators or assigns, for the
due prosecution of the said appeal or writ of error, agreeably to
the condition of the said bond, in the same manner as if the appellant
were alive at the time of rendering any such judgment.
By 1815, ch. 149, if the appellant
or plaintiff in error shall die before the term
to which the appeal, &c. is returnable, the heir, executor, &c.
may appear. Nor
shall any appeal or writ of error abate by the death of either party, if
the heir, &c.
of the deceased party, shall at the first or second term succeeding the
death, make
the necessary suggestion, and appear, &c. |
|
_____
|
Passed Jan. 4, 1807. |
CHAP. XCI.
An Act authorising the Collection of certain Ground-Rents due on
Lots
in the Town of Cumberland, in Allegany County.
Lib. TH. No.
1, fol. 288. |
| Preamble. |
WHEREAS Thomas Beall, of Samuel, has represented
to this general
assembly, that many years back he laid out a number of lots |
|
 |
