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Session Laws, 1794
Volume 646, Page 57   View pdf image
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JOHN H. STONE, Efquire, Governor.

1794.

VIII. And be it enacted, That all warrants, procefs and fubpoenas, iffued out of
any county court of this ftate, directed to the fheriff, or coroner or furvevor, of any
other county, fhall be executed in the fame manner as warrants, procefs or fubpoe-
nas, which have heretofore iffued out of the general court of this ftate, and every
jurifdiction or power incident thereto, and which hath or might have been exer-
cifed by the general court, or any of the officers of the fame, fhall and may be ex-
ercifed by the refpective county courts of this ftate, and the officers thereof.

CHAP.
LV.

Warrants,
&c. fhall be
executed, &c.

IX. And be it enacted, That in cafe any plaintiff or plaintiffs, his, her or their
executors or adminiftrators, fhall think proper to iffue procefs againft any bail
which have heretofore been taken in any action depending in the general court,
or againft the executors or adminiftrators of fuch bail, the clerk of the faid
court, upon application of the faid plaintiff or plaintiffs, or his, her or their at-
torney, executors or adminiftrators, fhall make out and tranfrnit to the juftices of
the county court in which the faid bail, or his, her or their executors or admi-
niftrators, fhall refide, an exemplification of the record of the proceedings of
fuch court, upon which all fuch procefs and proceedings fhall be had in the
county court, as if fuch bail had been originally taken therein.

Procefs may
flue againft
bail, &c.

X. And be it enacted, That in cafe the perfon or perfons who fhall have be-
come bail for any defendant or defendants in any action now depending in the
general court, fhall remove from, or cannot be found in, the county in which he
or they refided at the time he or they become bail in fuch action, the county
court of the faid county court of the faid county fhall, upon the return of two
nihils to any fcire facias iffued againft fuch bail, and upon default of his or their
appearance, enter judgment thereupon againft fuch bail.

Judgment
may be en-
tered againft
bail, &c.

XL And be it enacted, That in cafe of any judgment rendered in the general
court, upon which it fhall be neceffary to iffue a fcire facias to obtain the effecl
of the faid judgment, the clerk of the general court, upon application of the
plaintiff or plaintiffs, or his or their attorney, executors or adminiftrators, fhall
make out and tranfmit to the juftices of the court of the county in which the
defendant or defendants, or his, her or their executors, adminiftrators or turte-
nants fhall refide, or in which the faid defendant or defendants, his, her or their
executors or adminiftrators laft refided, in cafe of removal out of the ftate, an
exemplification of the record and proceedings of fuch court, upon which all
fuch procefs proceedings fhall be had in the county court, as if the original
judgment had been rendered therein.

Procefs may
be had on
judgments in

the general
court, &c.

XII. And be it enacted, That the juftices of the feveral and refpective county
courts fhall have exclufive jurifdiction and authority to try, according to law, all
and every perfon or perfons who fhall have committed, or fhall commit, any
offence or crime whatfoever, although it may fubject fuch perfon or perfons to
the pains of death, and upon the conviaion of the offender or offenders in due
courfe of law in the county court of the county in which the crime hath been or
fhall be committed, fhall give judgment according to the nature and quality of
the crime or offence.

Juftices to

have exclufive

jurifdiction,
&c.

XIII. And be it enacted, That if any party prefented or indicted in any of the
county courts of this ftate, fhall fuggeft to the court in which fuch proiecution is
depending, that a fair and impartial trial cannot be had in fuch court, and fhall
fupport fuch fuggeftion by affidavit, or other fatisfactory evidence it fhall and
may he lawful for the faid court, in their difcretion, to order and direct the re-
cord of their proceedings in the faid profecution to be transmitted 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 profecu-
tion had been originally inftituted therein.

Party prefent-
ed may be
tried in any
adjoining
county.

XIV. And be it enacted, That if the attorney-general, or the profceutor for
the ftate, fhall fuggeft to any county court before whom an indictment is or may
be depending, that the ftate cannot have a fair and impartial trial in fuch court,
P it

On fuggefti-

on, record
may be tranf-
mitted, &c.



 
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Session Laws, 1794
Volume 646, Page 57   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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