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lands lie, through which he desires to pass; and the said county commissioners shall act upon such application in the same manner as if the applicant owned land in such county, and had applied for a private road therefrom.

P. G. L., (1860,) art. 28, sec. 36. 1832, ch. 292, sec. 1.

107. On application to the county commissioners by the owner of any quarry or mine, for a private road thereto, the same proceedings shall be had as are prescribed for granting private roads to farms; provided, the county commissioners be satisfied that the working of the stone quarry to which the road is prayed for, will not injure or endanger any dwelling-house, tavern-house or out-house attached thereto

Ibid. sec. 37. 1832, ch. 292, sec. 1.

108. In granting a road under the preceding section, the county commissioners may prescribe a period and terms when and upon which the said road shall cease, and may be shut up; or when, for the continuance of said road, it shall be necessary to have, at the discretion of the said county commissioners, the same renewed.

Ibid. sec. 38. 1836, ch. 255, sec. 1. 1866, ch. 105.

109. Any owner or owners of a mill, factory, distillery, quarry or lime kiln, situated within one mile of any railroad, may apply to the county commissioners of the county to lay out and open a private road from such mill, factory, distillery, quarry or lime kilns, to the most convenient place for intersecting such railroad; and on such application the county commissioners shall proceed in the same manner and with the same powers as if such application were for a private road to a farm.

Ibid. sec. 39. 1836, ch. 255, sec. 2.

110. If an applicant for a road under the preceding section shall state in his application that he intends to lay a railway on such road, the commissioners appointed to assess the damages which any person will sustain by opening such road, shall take into consideration the additional damage, (if any,) which would be caused by the construction of such railroad; and shall determine

the places at which crossings shall be made over such railroad, for the convenience of the owners of the land on either side of such private road, and shall specify the same in their return to the county commissioners.

P. G. L., (1860,) art. 28, sec. 40. 1836, ch. 255, sec. 3.

111. Any person who has obtained a private road under the two preceding sections, may lay a railway thereon, and may, with the consent of the owners of any railroad, connect the same therewith; provided, that the damages assessed as aforesaid be paid to the parties thereto, and that the crossings required to be made in the preceding section, be made within thirty days after laying said railway.

Ibid. sec. 41. 1836, ch. 255, sec. 4.

112. On the application of the owners of any quarry over or through which any private railroad may pass, the county commissioners may have the location of said road altered, so as to avoid the interfering with the working of the quarry.

Ibid. sec. 42. 1834, ch. 253, sec. 2.

113. The county commissioners shall not appoint commissioners to lay out any private road until satisfactory proof shall be produced that at least ten days' notice of the application had been previously given to the parties through whose lands the proposed road is to be located, which notice shall describe the location to be made.

Ibid. sec. 43. 1834, ch. 253, sec. 3.

114. If there shall be an estate for life or term of years, or tenancy from year to year, in the lands through which any private road may be located, the county commissioners shall apportion the damages awarded to the land owners among the parties interested in the land, according to their several interests, in possession, expectancy, remainder or reversion; and the several circuit courts, on appeal, shall have a similar power of apportionment.

P. G. L., (1860,) art. 28, sec. 44. 1834, ch. 253, sec. 4.

115. The commissioners appointed to lay out a private road, shall each be entitled to two dollars per diem for every day they shall be necessarily engaged in locating such road; and the said commissioners may appoint a surveyor to assist in locating the same, and may allow him such compensation for his services as they may deem proper; and the per diem to the commissioners, and the compensation of the surveyor, shall be paid by the person applying for the road.

Ibid. sec. 45. 1834, ch. 253, sec. 1. 1872, ch. 223.

116. No such road shall be made through any garden or yard.

Ibid. sec. 46. 1834, ch. 253, sec. 1.

117. Any person feeling himself aggrieved by the determination of the county commissioners, in granting or refusing any road, or in the amount of compensation awarded, or in any matter relating to the granting or refusing to grant any such road, may appeal, within the time prescribed by law, to the circuit court for the county in which such application shall be made, and either party may be entitled to a trial by jury; and the judgment in the case shall be final between the parties.

Hoshall v. Hoffaker, 11 Md. 362.

Public Landings.

P. G. L., (1860,) art. 28, sec. 63. 1823, ch. 120, sec. 1.

118. In all cases where the public convenience requires it, the county commissioners shall have power to establish a public landing upon any navigable river or canal.

Ibid. sec. 64. 1823, ch. 120, sec. 2.

119. Upon all applications to establish a public landing, the same proceedings shall be had as on applications to open a public road.

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4. Contempt of court, what is; pun- 23. Stay of execution; when and for

ishment for.

5. Adjournment by
by clerk
judges absent.

what time.

when 24. Judgment on admissions of fact pending the suit, how obtained.

6. Judgment by confession during 25. Administrator may plead no assets.

recess.

Appointment of Assistant

Counsel.

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7. When may be appointed for State; 27. How such judgment to be levied.

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Inspection of Records.

28. Sci. fa. suggesting further assets. 29. Judgment in condemnation cases.

Court of Appeals.

30. When judges disqualified.

31. Legal residence not lost by residing in Annapolis.

32. When one judge or clerk may adjourn court.

33. Powers of one judge.

34. Terms of court.

13. To be regularly inspected by the 35. Crier; sheriff; compensation.

judges.

Judgments.

Circuit Courts for the Counties.

14. How to be given; mere form to 36. General jurisdiction.

be disregarded.

15. Court may draw inferences like a jury.

16. Judgments to bear interest from their date.

17. Effect of judgment of non pros.

37. Power to pass orders anywhere in circuit; may fix bail.

Relief to Sheriffs and Collectors.

38. May extend time for collecting fees and taxes.

18. Interlocutory judgments, how ex- 39. Also to their sureties and personal tended.

representatives.

19. Lien of judgments on real and 40. Notice to comptroller and county

leasehold estates.

20. Execution, when and how to be 41. issued, scire facias to revive! judgments.

commissioners.

Not to affect remedies of comptroller, county commissioners, or others interested.

Ceneral Provisions.

P. G. L., (1860,) art. 29, sec. 1. 1715, ch. 41, sec. 2.

1. The judges of the several courts of law and of equity, may make such rules and orders from time to time, for the wellgoverning and regulating their respective courts, and the officers and suitors thereof, and under such fines and forfeitures as they shall think fit, not exceeding twenty dollars for any one offenceall of which fines shall go to the State.

Union Bank v. Ridgely, 1 H. & G. 324. Wall's Ex. e. Wall, 2 H. & G. 79. Middleton v. Edelen, 1 H. & J. 461. Benson . Davis, 6 H. & J. 272. Carroll. Barber, 7 H. & J. 454. Dunbar v. Conway, 11 G. & J. 92. Oliver v. Palmer, 11 G. & J. 426. Mitchell v. Mitchell, 1 Gill, 66. Calvert v. Coxe, 1 Gill, 95. Gist v. Drakeley, 2 Gill, 346. Carson v. White, 6 Gill, 21. Blessing v. Hape, 8 Md. 32. Contee's Admr. v. Pratt, 9 Md. 67. Kunkel v. Spooner, 9 Md. 463. Harwood v. Marshall, 10 Md. 462. Robinson . Comm'rs of Harford Co., 12 Md. 133. Hughes v. Jackson, 12 Md. 463. Davis v. Reed, 14 Md. 157. Ricketts v. Pendleton, 14 Md. 321. Rutherford v. Pope, 15 Md. 579. Cherry v. Baker, 17 Md. 75. Scott v. Scott, 17 Md. 78. Morrison v. Welty, 18 Md. 169. Sellers v. Zimmerman, 18 Md. 255. Wash. & Balto. T. R. v. State, 19 Md. 293. Matthews v. Dare, 20 Md. 248. Cook v. Carr, 20 Md. 412.

Gambrill v. Parker, 31 Md. 1.

Ibid. sec. 2. 1840, ch. 96, sec. 2.

2. The judges of the several courts of this State exercising civil jurisdiction, shall prescribe by rule of court, the manner in which suits may be dismissed by the parties or their attorneys, during recess.

Ibid. sec. 3. 1805, ch. 65, sec. 51.

3. No person shall sue or be sued in privilege. Brooks v. Chesley, 4 H. & McH. 295.

Peters v. League, 13 Md. 59.

Ibid. sec. 4. 1853, ch. 450, sec. 1.

4. The power of the several courts of this State to issue attachments and inflict summary punishments for contempts of court shall not be construed to extend to any cases except the misbehavior of any person or persons in the presence of the said courts, or so near thereto as to obstruct the administration of justice; or the misbehavior of any of the officers of the said courts in their official transactions; or the disobedience or resistance by any officer of the said courts, party, juror, witness, or

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