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Supplement to the Maryland Code, 1862
Volume 381, Page 63   View pdf image (33K)
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ART. 75. ] PLEADINGS, PRACTICE AND PROCESS. 63

removal is not intended for delay, any causes now or hereafter
pending in equity in the Superior Court of Baltimore city, and
in the Circuit Court for Baltimore city respectively, before or
after decree, may by the respective courts aforesaid, be ordered
to be removed and transferred from the one to the other of said
courts; and all the papers and proceeding, shall be transmitted
accordingly; and the cases be thereafter proceeded with as if
originated in the courts respectively, to which the removal shall
take place; provided, however, that no further removal of such
causes shall hereby be authorized.

PROCESS.

The Act of June 20, 1861, ch. 69, odds the following:

6. In all cases of civil process at law or in equity, or of any
civil writ whatsoever, hereafter to be issued out of any court, or
by any judge of this State, and directed to or against, or lawfully
to be served upon any person whatsoever, wherein the service of
such writ or process upon such person then being within the
local jurisdiction of such court or judge, shall be prevented or
resisted by threats, violence, intimidation or superior force on
the part or behalf of such person; or the said person so liable to
be served with such writ or process shall be within any fortress,
or fortified place or building, or at any military post within said
jurisdiction, and entrance thereto, or access therein to such per-
son, shall be by order or on the behalf of such person refused,
obstructed or prevented, so that the officer charged with the ser-
vice of such writ or process shall be unable to serve the same, or
cannot do without force, or personal risk, the said officer shall
leave a copy of such writ or process, if practicable or permitted
with such person or persons, as shall present themselves, where
such writ or process is sought to be served, and where or where-
about the person on whom the same is sought to be served shall
be; or shall set up such copy upon the fortress, building or
premises aforesaid, or as near thereto, as may be practicable; and
shall make return of the facts accordingly; which return shall to
all legal intents, purposes and effect be equivalent to a return of
actual personal service of such writ or process, upon the party
named therein.

 

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Supplement to the Maryland Code, 1862
Volume 381, Page 63   View pdf image (33K)
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