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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.
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1801,
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court; therefore, BE IT ENACTED, That from and after the first day of March next, no action of
trespass for injury done to the person or personal property of the plaintiff, replevin, debt, cove-
nant, account or on the case, shall be brought in the general court, unless the real debt or thing
in demand, or damages assessed, exceeds the sum or value of four hundred dollars current money,
and if any such action shall be thereafter brought in the general court, and it shall appear to the
court that the real debt or thing in demand, or damages assessed, doth not amount to the sum
or value of four hundred dollars current money, the plaintiff shall be nonsuit, and pay costs to
the defendant.
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CHAP.
LXXIV.
No aft ion to ht
brought, &e.
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XXXVL AND BE IT ENACTED, That the second section of an act, entitled, An act concern-
ing jurisdiction, be and the same is hereby repealed.
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Se&ion re-
pealed.
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XXXVII. AND BE IT ENACTED, That from and after the said first day of March next, no suit
or action, which may thereafter be commenced or brought in any county court, shall, before judge-
ment, be removed by or on behalf of the plaintiff or plaintiffs in such suit or action, to the gene-
ral court, unless the plaintiff or plaintiffs could, after the said first day of March next, have ori-
ginally commenced such, suit in the general court, on penalty of such plaintiff or plaintiffs suffering
a nonsuit, and paying costs to the defendant; and any defendant or defendants shall have it in his,
her or their power, at any time before issue joined, to remove, in the manner heretofore provided
by law, such cause or suit from the county court to the general court, in which the real debt or,
thing in demand, or damages claimed, exceeds the sum of two hundred dollars current money, any
law to the contrary notwithstanding.
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No suit shaJhA
be removed, ,>
&c.
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XXXVIII. AND BE IT ENACTED, That no action of ejectment, waste, partition, dower,
trespass quare clausum fregit trover or replevin, brought or to be brought in any court of law in
this state, shall abate by the death of either of the parties to such action, but upon the death of
cither of the parties, the action, shall be continued, and the heir, devisee, executor or administra-
tor, of the deceased party, as the case may require, or other person interested on the part of the
deceased party, may appear to such action, and in case the heir, devisee, executor, administrator,
or other proper persons to prosecute or defend such action, as the case may be, do not appear to such
action at the term at which the death is suggested, the surviving party, whether plaintiff or de-
fendant, may proceed to make proper parties to such action, according to the provisions of the
act, entitled, An act, to alter arid amend the law in certain cases.
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No a&ion t*u*
abate, &CWL
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XXXIX. AND BE IT 'ENACTED^ That from and after the passage of this act, the judges of the
general court for the western and eastern shores respectively, shall not be capable to take cogni-
zance of, or hold any jurisdiction over, any treasons, misprisions of treason, murders, felonies or
insurrections, but all treasons, misprisions of treason, murder, felonies and insurrections, shall
hereafter be heard aad determined by the justices of the county courts of the county, and the jus-
tices of the court of oyer and terminer and gaol delivery for Baltimore county, wherein the said
treasons, misprisions of treason, mutder, felonies and insurrections, shall be committed, and not
elsewhere; provided nevertheless, that on the application of any party indicted for any treason,
misprision of treason, murder, felony or insurrections in the county court, to the general court,
or in vacation to one of the judges thereof on a suggestion, in writing, that a fair and impartial
trial cannot be had in the court where any such prosecution may be depending, it shall be lawful
for the said general court, or judge, to direct the clerk of their court, on their respective shore
to issue a writ of habeas corpus to the justices of the county court, or court of oyer and terminer
and gaol delivery for Baltimore county, wherein such person may be indicted, for bringing up of
such person, and for the removal of the prosecution depending against such person, and on the
transmission thereof, and on the appearance of such person, the said judges of the general court
shall thereupon take cognizance thereof, and proceed to hear and determine the same, and pass
sentence and judgment therein according to law; and in like manner, on any application made to
the judges of the general court, on the part of the state, on a suggestion, in writing, that a fair
and impartial trial cannot be had in the county court, or court of oyer and terminer and gaol deli-
very for Baltimore county, where the prosecution mentioned in such suggestion shall be depending,
it shall be lawful for the said judges to direct as aforesaid a writ of habeas corpus to the justices of
the said county court for bringing up such person, and for the removal of such prosecution, and on :
the transmission thereof, and the appearance of the person prosecuted, the judges of the, general
court shall take cognizance thereof, and proceed to hear and determine the same, and pass sen-
lance and judgment therein according to law,
XL, ANd
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Judges not ta^
take cognl-*"
zancea &t».~
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