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JOHN EAGER HOWARD, Esquire, Governor.
the opinion of the court of appeals shall be conclusive in law as to
the question
by them decided; and the general court, on receiving such writ of procedendo,
shall proceed in such action, and to a new trial thereof, in the same manner
as if
no trial had taken place, or any appeal had been prosecuted, or writ
of error
brought, and shall direct such cause to be tried at the court to which
the said
writ of procedendo shall be returned, if the plaintiff or defendant
shall give notice of
trial at such court, above thirty days before the sitting thereof, to the
adverse party,
or his attorney at law or in fact, and the trial can be had at such court
with
justice to the parties, and if not, such action may be continued in
like manner as
other actions, according to the discretion of the court; and the appellee
on such
reversal may be compelled to pay the costs in the court of appeals, by
execution
issued therefrom, returnable thereto or to the general court; and all
former and
future costs, in the general court, of such action, shall abide the final
event thereof;
and if the appeal or error shall be made for several exceptions, the court
of
appeals shall give judgment on every exception. |
1790.
CHAP.
XLII. |
IV. And be it
enacted, That in all cases of appeals, or writs of error, hereafter
to be prosecuted or brought before the general court by the defendant upon
a bill
or bills of exceptions, where the judgment excepted to shall be reversed,
and it
shall clearly appear to the general court that justice and the merits of
the case require
that there should be a new trial of the cause, the said county may, in
their
discretion, retain such action, and proceed to the trial thereof, in the
same manner
as if originally and legally commenced in the general court, and may direct
the trial thereof, if the same can be had with justice to the parties,
at the court
of reversal, or they may continue the same in like manner as other
actions, or
they may direct their clerk to return the transcript of the record to the
clerk of
the county court that gave the judgment, with a writ of procedendo to
such
county court, directing them to proceed in such action, and to a new trial
thereof,
in the same manner as if no trial had taken place, or any appeal had been
prosecuted,
or writ of error brought; and the opinion of the general court shall be
conclusive in law as to the question by them decided; and such county court,
on
receiving such writ of procedendo shall proceed in such action,
to a new trial
thereof, in the same manner as if no trial had taken place, or any appeal
had
been prosecuted, or writ of error brought, and shall direct such action
to be tried
at the court to which the said writ of procedendo shall be returned,
if the plaintiff
or defendant shall give notice of trial at such court, above thirty days
before
sitting thereof, to the adverse party, or to his attorney at law or in
fact, and the
trial can be had at such court with justice to the parties, and if not,
such action
may be continued in like manner or other actions, according to the discretion
of
the court; and the appellee on such reversal may be compelled to pay the
costs
in the general court, by execution issued therefrom, returnable thereto
or to the
county court that gave the judgment; and all former and future costs, in
the
county court, of such action, shall abide the final event thereof; and
if the appeal
or error shall be made for several exceptions, the general court shall
give
judgment on every exception: Provided, that nothing herein contained
shall prevent
the party, against whom judgment shall be rendered by the general court
on
such appeal, from appealing, or prosecuting a writ of error, to the court
of appeals
according to the law of the land. |
In certain
cases general
court may
proceed to trial,
&c. |
CHAP. XLIII.
An ACT for appointing commissioners to contract for and purchase
the Indian Lands in Dorchester county, and for appropriating
the same to the use of this state. |
Passed December
22. |
BE it enacted,
by the General Assembly of Maryland, That Nicholas Hammond,
Daniel Sullivane, James Shaw, John Eccleston and James Steele,
be and they are hereby appointed commissioners to promote the purposes
herein after mentioned, and the said commissioners, or a majority of them,
shall
have full power and authority to execute and perform the several trusts
and duties
vested in and required of them by virtue of this act, and if any of the
said commissioners
shall refuse to act, resign, die, or remove out of the county, it shall
be |
Commissioners
appointed,
&c. |
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