ALLEGANY COUNTY. 25

provided, however, that in ail such cases which have not yet come to trial,
or in which final judgment has not been entered, and in which the de-
fendant or defendants are residents of 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 plain-
tiffs 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 such removal, the
costs accrued previous thereto shall be in the discretion of the Court.

P. L. L. (1888), art. 1, sec. 27. 1874, ch. 262.

69. In all cases which were so commenced and proceeded in as afore-
said, in the Circuit Court for Allegany County as a court of equity, at
the time of the formation of 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 is to be
affected, or any lien to be enforced or established upon land 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 division of Allegany County
had been made.

P. L. L. (1888), art. 1, sec. 28. 1874, ch. 262.

70. In all personal actions commenced before such division and now
pending in the Circuit Court for Allegany County, either ex contractu
or ex delicto, whether original therein or whether upon appeal from jus-
tices of the peace, and wherein the defendants, or a majority of them, or
in case of appeal the defendant or defendants below is or are resident
of that portion of Allegany County which is now Garrett County, the
Circuit Court for Allegany County shall, upon application of said de-
fendants or any one of them, cause the record of proceedings in said cases
to be transmitted to the Circuit Court for Garrett County, which shall
have full power and jurisdiction to hear and determine said cases in the
same, and in as full and ample a manner as if they 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 application for removal be made
by the defendant, the Circuit Court for Allegany County shall have juris-
diction to proceed to judgment and execution thereon according to law.

P. L. L. (1888), art. 1, sec. 29. 1874, ch. 262.

71. All proceedings which have heretofore been had and done in and
by the Circuit Court for Allegany County, in every case mentioned in
the three preceding sections, since the formation of Garrett County, are
hereby made and declared as valid as if no division of Allegany County