14 ALLEGANY COUNTY. [ART. 1.
may issue warrants of resurvey to the sheriff and surveyor of
Garrett county, who shall execute the same as if issued by the
circuit court for Garrett county, and make return thereof to the
circuit court for Allegany county; and in all such cases, whether
judgment has been heretofore or shall be hereafter rendered, it
shall be lawful for said circuit 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 possession 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 Garrett county;
provided, 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 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 plaintiffs 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.
1874, ch. 262.
27. In all cases which were so commenced and proceeded in
as aforesaid, 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.
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