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
|
 
|