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Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 3244   View pdf image (33K)
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JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 385

of the formation of Garrett county, and in which ti-

 

tle to land, now situated in said Garrett county, was

 

in controversy, and which are now pending, or in

 

which judgment has been entered, it shall be lawful,

 

for the said Circuit Court for Allegany county, to

 

proceed to final judgment and execution thereof, and

 

in all such cases still pending and in all other cases,

 

in which a warrant of resurvery may be necessary or

 

proper they may issue warrants of resurvey to the

 

sheriff and surveyor of Garrett county, who shall ex-

 

ecute the same as if issued by the Circuit Court of

Return

Garrett county, and make return thereof to the said

 

Circuit Court for Allegany county, and in all such

 

cases whether judgment has been heretofore rendered

 

or shall be hereatter, it shall be lawful for said Cir-

 

cuit Court to issue writs of habere facias possessionem

 

to the Sheriff of Garrett county, to put the party, in

 

whose favor such judgment was rendered, in posses-

 

sion of the land; and also writs of fieri facias for costs;

 

which said writs shall be executed by the Sheriff of

 

Garrett county, in the same manner as if issued from

 

the Circuit Court for said Garrett county ; provided

Proviso

however, that in all such cases which have not yet

 

come to trial, or in which final judgment has not been

 

entered, and in which the defendant or defendants

 

are residents in Garrett county, and in which the

 

plaintiffs or defendants, or any of them desire that

 

the same shall be transferred to the Circuit Court for

 

Garrett county for trial, said plaintiff or defendants

 

or any of them may apply to the court, by motion or

 

petition, to have the same so transferred, and on such

 

application the Circuit Court for Allegany county

 

shall order the record of proceedings in such case to

 

be transmitted to the Circuit Court for Garrett county,

 

which shall have full power and jurisdiction over the

 

same as if such case had been originally commenced

 

therein, and in case of each removal the costs accrued

 

previous thereto shall be in the discretion of the court.

 

SEC. 2. And be it further enacted, That in all cases

 

in equity, which were so commenced and preceded

Cases in equity

as aforesaid, either in the Circuit Court as a Court of

 

Equity, or in the Orphans' Court of said county, at

 

the time of the formation of said Garrett county, and

 

in which the object was to procure a decree for the

 

sale or partition of land or for the protection of land

 

by injunction, or in any case where the title to land

 

25

 


 

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Proceedings and Acts of the General Assembly, 1874
Volume 211, Page 3244   View pdf image (33K)
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