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WILLIAM SMALLWOOD, Esq; Governor.
real debt or thing in demand, or damages assessed, exceeds the sum or
value
of one hundred pounds current money; and if any such action shall
be brought in the general court, and it shall appear to the court that
the
real debt or thing in demand, or damages assessed, doth not amount to
the sum or value of one hundred pounds current money, the plaintiff shall
be nonsuit, and pay costs to the defendant. |
1785.
CHAP.
LXXXVII. |
III. And be
it enacted, That in all actions for trespass done or committed
on real property only, which may hereafter be brought in the general
court, judgment shall be given for the plaintiff for the damages recovered
or assessed, together with costs in such action, without any regard
to the sum recovered or assessed. |
In actions for
trespass, judgement
shall be
given, &c. |
IV. And be it
enacted, That if any person commit a trespass on real
property, and shall remove from the shore on which such property may
lie to the other shore, or cannot be taken on the shore on which such
property may lie, such trespasser may be sued in the court of any county
where he or she may be found, or in the general court for the shore on
which he or she may be; and if any trespass shall be committed on any
real property, and the person committing the same shall remove from the
county where such property may lie, or cannot be found in such county,
such trespasser may be sued in any county where he or she may be found,
or in the general court, at the election of the party injured. |
Trespassers removing
may
be sued in any
county, &c. |
V. And be it
enacted, That no suit or action which hath been or
may be commenced or brought in any county court, shall, before judgement,
be removed by or on behalf of the plaintiff or plaintiffs in such
suit or action to the general court, unless the plaintiff could originally
have commenced such suit in the general court, on penalty of such plaintiff
or plaintiffs suffering a nonsuit, and paying costs to the defendant, but
any defendant or defendants shall have it in his, her, or their power,
at
any time before issue joined, to remove any cause or suit from the county
court to the general court, which could have been removed by such defendant
before the passing this act. |
No action shall
be removed by
plaintiff before
judgement,
&c. |
VI. And be it
enacted, That any party or parties aggrieved by an
judgment or determination of any county court in any civil suit or action,
or any prosecution for the recovery of any penalty, fine or damages, shall
have full power and right to appeal from such judgment or determination
to the general court; provided, that no such appeal shall stay execution
of a judgment against any defendant, unless bond and security be given
as prescribed by the act for regulating writs of error, and granting appeals
from and to the courts of law within this province, passed at a session
of
assembly begun and held at the city of Annapolis the twenty-seventh day
of October, in the year seventeen hundred and thirteen. |
Parties aggrieved
may
appeal, &c. |
VII. And be
it enacted, That the justices of the several and respective
county courts shall have full power and authority, unless in cases
particularly
directed by law to be tried in the general courts, to try, according
to law, all and every person and persons who have committed or shall
commit any offence or crime whatsoever, although it may subject such
person or persons to the pains of death; and upon conviction of the offender
or offenders, in due course of law, in the county court of the county
in which the crime or offence shall be committed, give judgment according
to the nature and quality of the crime or offence. |
County courts
may try persons
for any
offence, &c. |
VIII. Provided
always, That every person charged, apprehended or
indicted, for any capital crime, or such as will subject such person, upon
conviction, to an infamous punishment, shall have a right, upon application |
Proviso. |
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