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JOHN EAGER HOWARD, Esq; Governor.
CHAP. XXIX.
An ACT for the division of Washington county, and for erecting
a new one by the name of Allegany. |
1789
Passed December
25. |
WHEREAS a number of the inhabitants of Washington
county, by
their petition to the general assembly, have prayed that an act may
pass for a division of said county by Sideling Hill Creek, and for
erecting a new one out of the western part thereof; and it appearing to
this
general assembly that the erecting such new county will conduce greatly
to the
due administration of justice, the speedy settling and improving the western
part
thereof, and the ease and convenience of the inhabitants thereof, |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That all that part
of Washington county which lies to the westward of Sideling Hill Creek,
shall
be and is hereby erected into a new county, by the name of Allegany county,
and
the inhabitants thereof shall have, hold and enjoy, all such rights and
privileges
as are held and enjoyed by the inhabitants of any other county in this
state. |
A new county
erected,
&c. |
III. And be
it enacted, That the county court and orphans court for Allegany
county shall be held at the town of Cumberland, until the voters of
said county,
by election to be held as herein after provided, shall determine on some
other
place; and until a place shall be fixed on by the said election, and a
court-house
shall be built, the justices of said county may contract and agree, at
the county
charge, for a convenient place in the said town to hold their courts, and
for a
convenient place in the said town for the keeping their books, papers and
records. |
Where the
courts are to
be held, &c. |
IV. And be it
enacted, That all causes, pleas, process and pleadings, which
now are, or shall be depending in Washington county court before the first
Monday
in December, seventeen hundred and ninety, shall and may be prosecuted
as
effectually in that court as if this act had not been made; and in case
any deeds
or conveyances of land in that part of Washington county now called Allegany
county, have been, or shall be before the first Monday in December, seventeen
hundred and ninety, acknowledged according to law, the enrolment or
recording
thereof, in either of the said counties, within the time limited by law,
shall be
good and available. |
Causes, &c.
may be prosecuted,
&c. |
V. And be it
enacted, That the county charge of Washington county, heretofore
assessed, shall be collected and applied as if this act had not been made. |
Charge to be
collected, &c. |
VI. And be it
enacted, That the county court and orphans court of Allegany
county, shall first be held on the first Monday in April, seventeen hundred
and
ninety-one, and the said county court be afterwards held on the first Mondays
in
the months of April and September yearly, and the said orphans court shall
be
afterwards held on the second Monday in the months of June, August, October
and December, and the same courts shall have the same powers and jurisdiction
respectively, as other county and orphans courts within this state. |
When courts
are to be
held, &c. |
VII. And be
it enacted, That all civil causes to be brought in Allegany county,
shall be determined within two courts from the appearance court, and
none
shall continue loner, unless under such circumstances as civil causes in
other
county courts may be continued longer than three courts from the appearance
court. |
Causes, how
long to continue,
&c. |
VIII. And be
it enacted, That the governor and council be authorised and required
to commission fit and proper persons in the said county to act as justices
of the peace, and fit and proper persons as justices of the orphans court,
as also
surveyor and other officers, and that a fit and proper person be appointed
by the
governor and council sheriff of Allegany county, and be commissioners and
qualified
in the usual manner, to continue in office until a new appointment shall
take
place in the other counties of this state, under an election according
to the constitution
and form of government. |
Governor,
&c. to commission
justice,
&c. |
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