386

LAWS OF MARYLAND.

is to be affected, or any lien thereon to be enforced!

or established which lies in what is now Garrett

county, the said Circuit Court for Allegany county

shall have full power to proceed to final decree, and

execution of its orders and decrees in every respect

as if no decision of Allegany county had been made.

Personal

SEC. 3. And be it further enacted, That in all per-

actions.

sonal actions, commenced before such division and

now pending in the said Circuit Court for Allegany

county either ex-contractee or ex-delicto, whether orig-

inal therein or whether upon appeal from justices of

the peace, and wherein the defendants or a majority

of them, or in case of appeal the defendant below is

or are resident of that portion of Allegany county,

which is now Garrett county, the said Circuit Court

for Allegany county shall, upon application of said

defendants or any one of them, cause the record of

Cause the re-
cord to be

proceedings in said case to be transmitted to the Cir-

transmitted

cuit Court for Garrett county, which shall have full

power and jurisdiction to hear and determine said

case in the same, and in as full and ample a manner

as if such causes had originated therein, or in appeal

cases as if such appeal had been taken direct to said

Circuit Court for Garrett county; if no such applica-

tion for removal is made by the defendant, the Cir-

cuit Court for Allegany county shall have jurisdic-

tion to proceed to judgment and execution thereon

according to law.

Declared valid.

SEC. 4. And be it further enacted, That all proceed-

ings which have heretofore been had and done in and

by the Circuit Court for Allegany county, in every

case mentioned in the first, second and third sections

of this act, since the formation of the said Garrett

county, are hereby made and declared as valid as if

no division of said Allegany county had taken place,

and in all such cases still pending, and which shall

not be removed as herein provided, and in which

warrants of resurvey have been issued to the Sheriff

and Surveyor of Allegany county, or in which any

Duty to exucute

other process has been issued to them or either of

them, it shall be their duty to execute such warrant

of resurvey or other process as if the same were to be

executed in Allegany county, and in all such cases

where a warrant of resurvey or other process shall

be issued under this act, by the Circuit Court of Al-