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Session Laws, 1805
Volume 607, Page 40   View pdf image (33K)
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RO BERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1805.

were depending, in case the said courts had not been abolished, and executions shall issue on the
judgments given in the said courts, as the late court of appeals and the late general court might or
could have done if the said courts had not been abolished; provided nevertheless, that the court of
appeals to which said causes are transferred, may, In all such cases as could not have been continu-

ed in the court from which they are transferred, In their discretion, continue the same to one court
more than they could have been continued in the court where they were depending as aforesaid.

IX. AND BE IT ENACTED, That the late clerks of the late court of appeals and general court re-
spectively, and in case of the death, or refusal to act, of either of them, such person as the governor
and council shall appoint, shall forthwith transmit from their respective offices, all transcripts and re-
cords on appeals and writs of error depending in the said court on the thirtieth day of November
last, except appeals from the court of chancery, and all transcripts and records of appeal and writs
of error, except as aforesaid, had and made returnable to either of the said courts, 'during the
existence thereof, to the clerks of the court of appeals on the western or eastern shore respec-
tively.

X. AND BE IT ENACTED, That all appeals from the chancery court, or from the county court of
any county, and all writs of error from the county courts, shall hereafter be had and made returnable
to the court of appeals for the respective shores, and the same proceedings thereupon had, and in the
same manner and within the time, and according to the form, as is prescribed, limitted and directed

by law.

XI. AND BE IT ENACTED, That in all cases where writs of error shall issue on judgments here-
|tofore obtained in the late general court of either shore, the same shall be directed to the judges of

the proper court of appeals, and shall be made returnable before the said court at the time and place
of holding the same, and shall be thereupon proceeded in as in cases of appeals from the late general
court to the late court of appeals.


XII. AND BE IT ENACTED, That no judge, after having qualified as such, shall act as an attorney

for solicitor in any court of law or equity in this state, during the time that he shall act as judge.

XIII. AND BE IT ENACTED, That each of the judges shall, out of court, have, use and exercise,
all and singular the power, jurisdiction and authority, that might or could have been done by any judge
of the late general court, of the former court of. appeals, or by any chief justice of a district court.

XIV. AND BE IT ENACTED, That no appointment of the clerks of the court of appeals for the
western or eastern shore shall be made, until all the judges of said court shall be present, or shall,
by writing, declare his or their preference in favour of any particular candidate for the said office
of clerk.

XV. AND BE IT ENACTED, That the clerks of the courts of appeals for the western and eastern
shore respectively, shall have the same fees for their services as the clerks of the county courts were
entitled to for the same or similar services, by law.

XVI. AND BE IT ENACTED, That all attorneys practising in the court of appeals of this state,
shall be entitled to receive the same fees as attorneys were entitled to receive in the late general
court.

XVII. AND BE IT ENACTED, That all writs of error which have issued, or shall issue, from and
after the. passing of this act, and before the judges of the court of appeals shall have qualified under
their respective commissions, shall be returnable to the first day of the first court of appeals for the
eastern or western shore respectively to be held next after the passing of this act, any law to the
contrary notwithstanding.

XVIII. AND BE IT ENACTED, That hereafter ail the books, deeds, transcripts of deeds, bonds, pa-
pers, records and proceedings, together with the records of the laws and the land records of the ge-
neral court for the western shore, shall be deposited and lodged in the office of the clerk of the court
of appeals for the western shore, and shall be safely and securely kept, in the same manner as the
books, papers and records, of the court of appeals for the western shore shall be kept; and the
books, deeds, transcripts of deeds, bonds, papers, records and proceedings, together with the land
records of the general court for the eastern shore, shall be deposited and lodged in the office of the
clerk of the court of appeals for the eastern shore, and shall be safely and securely kept in the same

C H A P.
LXV.



 
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Session Laws, 1805
Volume 607, Page 40   View pdf image (33K)
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