1794.

LAWS of MARYLAND.

CHAP.
LIV.

ftance, and for whofe ufe, the faid fuit was inftituted; and in cafe the faid action
fhall or may be ftruck off, diicontinued or non proffed, or in cafe there be a judge-
ment on verdict in favour of the defendant, the party or parties at whofe inftance
the action was inftituted fhall be anfwerable for the legal cofts of fait, and may
be proceeded againft, by attachment againft the perfon or property of fuch party
or parties, for the recovery of the fame, in the fame manner as if he, fhe or they,
had been entered by a rule of court the fecurity for fuch cofts of fuit; provided,
that nothing in this act fhall be conftrued to alter the prefent exifting laws of this
ftate relative to the payment of cofts by executors or adminiftrators.

Psffed De-
cember 26.

Preamble,

CHAP. LV.
An ACT concerning the jurifdiction of the general court.

where they arife is one of the greateft fecurities of the lives, liberties,
and eftate of the people: And whereas the decifion of caufes in the
general court, without very great delay and expence, is impracticable; therefore,

Actions to be
commenced

in county
courts, &c.

II. Be it enacted, by the General Affembly of Maryland, That from and after
the end of this feffion of affembly, all actions or fuits at law whatfoever fhall be
commenced, profecuted, and carried on to final judgment, in the refpective coun-
ty courts of the counties wherein the defendant or defendants may refide, and not
elfewhere, and the feveral and refpective county courts fhall have full power and
authority to hear and determine all fuch fuits and actions.

Provifo.

III. Provided nevertheless, That nothing contained in this act fhall be con-
ftrued to abridge or limit, in any manner whatever, the jurifdiction, authority and
powers, of the juftices of the peace, as eftablifhed by the laws of this ftate.

In certain fuits
the record
may be tranf-

mitted, &c.

IV. And be it enacted, That in all fuits or actions at law hereafter to be com-
menced or inftituted in the county courts of this ftate, the juftices of the feveral
county courts, upon fuggeftion fupported by affidavit, or other fatisfactory proof,
that any fuch fuit or action cannot be fairly or impartially tried in fuch county,
fhall and may order and direct the record of their proceedings in fuch fuit or fuits
to be tranfmitted to the juftices of any adjoining county court for trial, and the
juftices of fuch adjoining county court fhall hear and determine the fame in the
fame manner as if fuch fuit had been originally inftituted therein; provided never-
thelefs, that fuch fuggeftion be made during the term next after, or in which the
iffue fhall or may be joined in faid fuit or action.

Party ag-
grieved may

appeal, &c.

V. And be it enacted, That any party or parties aggrieved by any judgment
or determination of any county court in any civil fuit or action, or any pro-
fecution for the recovery of any penalty, fine or damages, fhall have full power
and right to appeal from fuch judgment or determination to the general court;
provided, that no fuch appeal fhall ftay execution of a judgment againft any de-
fendant or defendants, unlefs bond and fecurity be given as prefcribed by the act
for regulating writs of error, and granting appeals from and to the courts of
common law within this province, paffed at a feffion of affembly begun and held
at the city of Annapolis the twenty-feventh.day of October, in the year feven-
teen hundred and thirteen.

Trefpaffers
may be fued,
&c.

VI. And be it enacted, That if any trefpafs fhall be committed on any real
property within this ftate, and the perfon or perfons committing the fame fhall
remove from the county where fuch property may be, or cannot be found in fuch
county, fuch trefpaffer may be fued in any county where he or fhe may be found.

Court may if-
fue warrants
of refurvey,
&c.

VII. And be it enacted, That if the plaintiff or plaintiffs, defendant or de-
fendants, in any fuch action of trefpafs, fhall move the court in which fuch action
is brought for a warrant of refurvey, to locate the lands on which fuch trefpafs
was committed, it fhall and may be lawful for the court to iffue fuch warrant
to the furveyor and fheriff of the county where fuch lands lies.

VIII. And