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Session Laws, 1794
Volume 646, Page 58   View pdf image
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1794.

LAWS of MARYLAND.

C HAP.
LV.

it fhall and may be lawful for the faid court, in their difcretion, to order and di-
rect the record of their proceedings in the faid profecution to be tranfmitted to
the juftices of any other county court for trial, and the juftices of fach county
court fhall hear and determine the fame in the fame manner as if fuch profecu-
tion had been originally commenced therein.

Bills of ex-
ceptions to be
allowed.

XV. And be it enacted, That the juftices of the faid county courts fhall in
all cafes civil, to be tried before them, fign and allow bills of exceptions, where
the fame fhall be delired by the parties, or their counfel, or either of them.

In cafes of ap-
peals, tran-
fcript to be
returned, &c.

XVI. And be it enacted, That in all cafes of appeals or writs of error here-
after to be profecuted or brought before the general court or court of appeals, as
the cafe may be, by plaintiff or defendant, upon a bill or bills of exception,
where the judgment fhall be reverted, the general court, or court of appeals,
fhall direct their clerk to return the tranfcript of the record to the clerk of the
county court that gave the judgment, with a writ of procedendo to fuch county
court, directing them to proceed in fuch action, and to a new trial thereof, in the
fame manner as if no trial had taken place, or any appeal had been profecuted,
or writ of error brought, and the opinion of the general court, in cafe there be
no appeal therefrom, or writ of error brought thereon, or the court of appeals, as
the cafe may be, fhall be conclusive in law as the queftion by them decided ;
and fuch county court, on receiving fuch writ of procedendo, fhall proceed in fuch
action, to a new trial thereof, in the fame manner as if no trial had taken place,
or any appeal had been prosecuted, or writ of error brought, and fhall direel fuch
action to be tried at the coun to which the faid writ of procedendo fhall be return-
ed, of the plaintiff or defendant fhall give notice of trial at fuch court, above
thirty days before the fitting thereof, to the adverfe party, or to his attorney at
law or in fact, and the trial can be had at fuch court with juftice to the parties,
and if not, fuch action may be continued in like manner as other actions, ac-
cording to the difcretion of the court, and the appellee on fuch reverial may be
compelled to pay the cofts in the general court, or court of appeals, by execu-
tion iffued therefrom, returnable to the county court that gave the judgment, and
all former and future colts in the county court of fuch action fhall abide the
final event thereof, and if the appeal or error fhall be made for feveral exceptions,
the general court, or courts of appeals, fhall give judgment on every exception.

Court not to
fummon any

jury.

XVII. And be it enacted, That as loon as the feveral fuits, profecutions and
caufes, now depending in the general court of this ftate, fhall have been heard,
and determined, it fhall not be lawful for the faid court to fummon any grand or
petit jury upon any occasion whatsoever, any thing contained in the acts of af-
fembly of this ftate to the contrary notwithstanding.

Acts, &c. re-

pealed.

XVIII. And be it enacted, That all acts of affembly, jurifdictions and autho-
rity, repugnant to, or inconfiftent with, the provifions of this law, are hereby
repealed, abrogated and annulled.

Act to he
published.

XIX. This act to be published at leaft three months before the next election
of delegates, and to take place and be in force for the term of three years, on
its being ratified and confirmed by the general affembly after the next election of
delegates, in the firft feffion after fuch new election, according to the conftitution
and form of government, any thing in the fifty-fixth fection of the faid conftitu-
tion and form of government to the contrary notwithftanding.

Paffed De-
cember 25.

Preamble.

CHAP. LVI.

A Supplement to the act, entitled, An act to ftreighten and
amend the feveral public roads in feveral counties, and for
other purpofes therein mentioned.

WHEREAS from the wording of faid act, in faying that certain roads
fhould be opened from certain places to Elizabeth-town, in Wafhing-
ton county, and continued from faid town to certain other places,
the



 
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Session Laws, 1794
Volume 646, Page 58   View pdf image
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