1806.

NOVEMBER. LAWS OF MARYLAND.

CHAP.

XC

Court, in cer-
tain cases, to
direct a tran-
scipt to be
transmitted,
&c.

V. AND BE IT ENACTED, That in all cases of writs of error coram vobis, which are depending
the court of appeals of either shore, and in all cases of writs of error coram vobis hereafter to
brought before the said court of appeals, where it shall appear to the court proper and necessary
try am matter of fact put in issue by the pleadings in the case, that it shall and may be lawful

the said court to direct their clerk to transmit a transcript of the record of the proceedings in su
case, to the clerk of the county court of the county where the defendant named in the original
action may reside, or was arrested upon the original writ, or to such other county as the parties
the said cause, or their attornies, may consent to or agree upon; and the county court,
which any such transcript shall be transmitted as aforesaid, shall proceed in such action, and
a trial of the facts put in issue, in such manner as in other cases depending in the said coun
coun.

Turner and
wife's appeal
to be proceeded
on, &c.

VI. AND BE IT ENACTED, That the case on an appeal from the chancery court, and now stand-
ing on the docket of, and depending in, the court of appeals for the western shore, between John
Turner, and Rachel his wife, appellants, and Sluyter Bouchell and John Carnan, executors of Sluy-
ter Bouchell, and Jonathan Jester, appellees, be and the same hereby is placed in the same situate
and shall be, to every legal intent, as valid as if the same had been depending in the late court
appeals previous to the abolition of the said court, and may be proceeded on, heard, tried and de-
termined, by the court of appeals for the western shore, in the same manner as it would or might
have been in case the late court of appeals had not been abolished.

Clerks to enter
the courses,

&c.

VII. AND BE IT ENACTED, That the clerks of the several county courts be and they are here
directed and required, carefully and accurately to enter the courses, metes and bounds, in the record
entries which they are directed to make under and in virtue of the act, entitled, An act to aid con-
veyances of land improperly enrolled, and for other purposes, passed in the year one thousand seven
hundred and eighty-five, chapter nine, and copies of which they are directed to transmit to the
clerks of the court of appeals for the respective shores, in virtue of the twentieth section of the
to which this is an additional supplement, in every case where it is or may be expressed in the deed
or conveyance from which the said entry shall be made, that the land or lot therein mentioned
described is part of a tract or lot of land, and where the courses, metes and bounds, are there
particularly described.

Writs of error
may be prose-
cuted, &c.

VIII. AND EE IT ENACTED, That writs of error may be prosecuted to the court of appeals on
the respective shores, upon judgments which have been obtained in the late general court, in the
same manner, and according to the form, prescribed by law; and such writs of error shall be directed
to, and made returnable before, the said court of appeals, at the place prescribed by law for hold
the said court for the respective shores, and the said court of appeals shall have cognizance in
such cases, and shall proceed therein as in cases of writs of error prosecuted upon judgments re-
turned in the county courts.

Courts to have

certain powers,
&c.

IX. AND BE IT ENACTED, That the county courts shall have, use and exercise, in their respec-
tive counties, all and singular the powers, authorities and jurisdictions, which the general court,
the time of the abolition thereof, might or could have used and exercised in cases of writs of man-
damus; and where any record shall have been, or may hereafter be, transmitted from any com
court in this state to an adjoining county court, by virtue of the second section of an act to pro-
vide for the trial of facts in the several counties of this state, passed at November session, eighteen
hundred and four, it shall and may be lawful for such county court, on suggestion of diminution
the record transmitted being made to such court, and the said coin t being satisfied of the truth
such suggestion of diminution, to such county court from which the said record was transmitted,
fully in every respect as records were heretofore transmitted from the late general court to the
veral county courts in this state.

Clerks to make
up the whole
proceedings,
&c.

X. AND BE IT ENACTED, That it shall be the duty of the clerks of the county courts, and they
are hereby directed and required, in all and every suit or action which has been transferred to
county courts, ami the original papers and statements transmitted by the clerks of the late general
court, in virtue of the original act to which this is an additional supplement, to make up at
length from such statement so transmitted, in case there shall be a judgment rendered in any such
case, the whole proceedings which has taken place in any suit or action to which it refers, and so
aforesaid transferred, according to the usual and accustomed mode of making up proceedings
courts of law; and on any appeal or writ of error to be prosecuted or brought upon any such judg-
ment, the said clerks respectively shall in like manner makeup the whole proceedings, and trans-
mit the same to the court of appeals, under and in virtue of such appeal or writ of error.