E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

CHAPTER 180.

CHAP. 180.

AN ACT to make valid the acts of Judges in hold-
ing Sessions of Courts, without express provisions

of Law, and to declare the eject of process irregu-
larly issued therefrom.

Passed May
25, 1852.

WHEREAS, by reason of the change of Government,
form the old to the new Constitution, sundry informali-
ties and irregularities have happened in the holding of
the Courts of Justice, and in the issuing of process there-
from, which it is proper the Legislature should make
valid where practicable, and promote right and justice
in such cases, Therefore,

Preamble.

SECTION 1. Be it enacted by the General Assembly

of Maryland, That all the sessions of the Circuit
Courts for the several counties, and of the Superior
Court, the Court of Common Pleas, and of the Cri-
minal Court for the City of Baltimore, held or com-
menced prior to the passage of this act, and since the first
Wednesday of November, one thousand eight hundred
and fifty-one, shall be held to all intents and purposes,
to have been regular and conformable to the intention

of the Constitution, and all the proceedings had and
done by said courts, and all orders, decrees and judg-
ments passed thereby, shall be considered and deter-
mined to be as binding, legal and effectual, as if the
said sessions had been held pursuant to express acts of
Assembly.

Proceedings
declared le-
gal.

SEC. 2. And be it enacted, That in all cases where
defendants have appeared, or shall appear, in any of the
aforesaid courts, or before justices of the peace, pur-
suant to process, which shall have been issued prior to
the passage of this act, however irregular or incorrect,
either in form or in lest, or in any other respect, such
process may have been, such appearance shall be held
and adjudged to be a waiver of all errors in proceedings
prior to such appearance, and such proceedings shall be
declared regular and legal.

Appearance
held and ad-
judged to be a
waiver of all
errors.

SEC. 3. And be it enacted, That in the cases
stated in the preceding section, where the defendants
have not appeared in the said courts or before the justi-
ces, either in person or by attorney, the return of the
process shall be regarded and ruled to be tantamount
to a return of not found or not served, and may be
relied on as the foundation for a renewal of regular and
lawful process, but not as justifying any other or further
action against defendants.

Defendants
not appear-
ing.