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Session Laws, 1840
Volume 592, Page 352   View pdf image
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WILLIAM GRASON, ESQUIRE, GOVERNOR.

1841.

and to prescribe their jurisdiction, passed December ses-
sion, eighteen hundred and thirty-five, chapter two hundred
and one, and the several supplements thereto, so far as the
same relates to Montgomery county, be and the same is
hereby repealed.

CHAP. 33.

SEC. 2. And be it enacted, That after the first day of
July next, the single justices of Montgomery county, shall
hold and have jurisdiction in all cases where single justices
had jurisdiction prior to the passage of an act, entitled an
act to establish magistrates' courts in the several counties
in this State, and to prescribe their jurisdiction, passed
December session, eighteen hundred and thirty-five, chap-
ter two hundred and one, and also in all cases of debt where
the amount due does not exceed one hundred dollars; and
in all cases above fifty dollars, the justice shall be entitled
to double the costs that single justices are now allowed;
and each party shall have and exercise the right of appeal
to the county court, in the same manner as is now allowed
from the judgments of single justices of the peace.

Jurisdiction of
single justices.



SEC. 3. And be it enacted, That all constables' bonds
hereafter to be taken in said county, shall be taken in the
penal sum of two thousand dollars, and all constables' bonds
taken under and in pursuance of the act, passed December
session, eighteen hundred and thirty, chapter two hundred
and one, entitled an act to establish magistrates' courts in
the several counties of this State, and to prescribe their
jurisdiction, are hereby continued in force and made valid.

Constables' to
give bonds of
$2000.

SEC. 4. And be it enacted, That all cases which may be
depending in the magistrates' courts in said county, on the
first day of July, eighteen hundred and forty-one, which
would be within the jurisdiction of single magistrates under
this act shall be transferred to some justice of the peace,
in the district where the same may he depending, to be by
him heard and determined; and all cases pending; as afore-
said, which would not he within the jurisdiction of single
justices of the peace, shall be transferred to the county
court of said county, then to be heard and determined, if
required by the plaintiff, as though the suit had been origi-
nally commenced in said court.

Cases to be
transferred.

SEC. 5. And be it enacted, That it shall be the duty of
the chief judges of the several district courts of Montgo-
mery county, and they are hereby required on or before
the first day of July, eighteen hundred and forty-one, to
return to the clerk of Montgomery county, the dockets
kept by said courts; and it shall be the duty of said clerk

to pursue, with respect to cases on the said dockets, the

Dockets to be
returned to cl'k.
county court.



 
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Session Laws, 1840
Volume 592, Page 352   View pdf image
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