ART. 1. ] CIRCUIT COURT. 15

1874, ch. 263.

28. 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 justices of the peace, and wherein the defen-
dants, 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 defendants or any one of
them, cause the record of proceedings in said cases to be trans-
mitted 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 origi-
nated therein, or in appeal cases, as if such appeal had been taken
direct to said circuit court for Garrett county; if no such appli-
cation for removal be made by the defendant, the circuit court
for Allegany county shall have jurisdiction to proceed to judg-
ment and execution thereon according to law.

Ibid.

29. 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 forma-
tion of Garrett county, are hereby made and declared as valid as
if no division of 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 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 by the circuit court for Allegany
county to the sheriff and surveyor of Garrett county, or either of
them, the circuit court for Allegany county shall have the same
power over the sheriff and surveyor of Garrett county to compel
execution of such warrant of resurvey or other process, and to

compel obedience to any such summons or other process, whether
mesne or final, that it now has over its own like officers; and in