1874, 0. 94. 118. Until the record in any cause has been actually transferred. may strike out from the court passing the order of removal, to the court to which When court order for re moval. 41 Md. 186. Time. 1874, c 94. Costs. 43 Md. 424. it is removed, the court passing the order shall have power to strike out the order of removal, on motion of the party applying for the same, and when so stricken out, the cause shall proceed as if no motion for removal had been made; but the motion for removal shall not be renewed by the same party after the expiration of the term at which the order for removal was stricken out; provided, that no such motion to strike out an order for removal shall be entertained, unless the same shall be made in time to admit of the trial of the cause at the same term of the court at which said order for removal was passed. 119. In all civil cases where an order for removal shall have been passed in any cause, the party upon whose motion said order was passed, shall pay or tender to the clerk of the court in which said cause was pending at the time of said order for removal, the cost of the record in said case, within sixty days after the passage Transmission of of such order, and the clerk shall cause the said record to be transmitted to the court to which the same was ordered to be removed within said sixty days. record. 1868, c. 441, s. 1. Questions re in banc. Election. Removal. Appeal. COURT IN BANC. 120. When at the trial of any cause any party to such cause served for court shall require any point or question decided by the court to be reserved for the consideration of the court in banc, and either of the judges of the said court shall be disqualified to sit in such cause, then it shall be lawful for the party at whose instance the point or question shall be reserved to elect to have such point or question decided by the remaining judges or judge who may be qualified to sit in such cause, or to have the cause removed to some other court of a different circuit for the decision of the judges thereof, or of such of said judges who may be qualified to sit in such cause in banc, or to take an appeal to the Court of Appeals; and if such party or his counsel shall fail to make and file such election in writing within which to elect. thirty days after the announcement of such disqualification, or within thirty days after the trial of the cause in case such announcement shall have been made before the trial, then such point or question shall be decided by the remaining judges or judge who may be qualified to sit in such cause; provided, that every point or question reserved upon a motion for a new trial shall be decided by the remaining judges or judge who may be qualified to sit in such cause. 121. Points or questions reserved for the court in banc shall be Form of excep- taken by means of exceptions, to be reduced to writing, and signed and sealed by the judges or judge before whom the cause may be tried, and so framed that the point or question may be fully presented as to both law and fact, in case the cause shall be trans Time within Proviso. Id. s. 2. mitted to the Court of Appeals, instead of being heard by the court Proceedings on Whenever any cause shall be removed to any other court Id. s. 3. upon a point or question reserved for the court in banc, as herein removal. provided, the said cause shall remain in the said court for trial as if the same had originated therein. 123 the very without mere form. 44 Md 319. The court shall give judgment in all actions according to out regard to right of the cause and matter in law shall appear to them, 13 Md. 378; regarding any matters of mere form, so as sufficient matter 4 G. & J, 345. shall appear in the proceedings, upon which the court shall proceed to give ju Igment, and that it shall appear that the action has been Commenced after the cause thereof shall accrue. 124. no cau Se shall be to the Id. s. 15. 1809, c. 153, s. 4; 1864, c. 311. 26 Md. 222; 37 443. Interlocutory judgments, when and how perfected. 32 Md. 577. How damages 1864, c. 175. assessed and lended on judgor or by faults judgment ex All judgments by confession on verdict, or by default, shall be so entered as to carry interest from the time they were rendered. 125. All judgments confessed on terms to be filed, and all judg- 1864. c. 113. ments Confessed without fixing the amount of the same, and where <> f action is filed by which said amount may be ascertained, considered interlocutory judgments; and the court shall, 20 Md. 37. on motion of the plaintiff or his attorney, at any term subsequent entry of any such confession of judgment, order an inquisition or cause the judgment to be extended as in other cases of interlocutory judgments, or as upon a judgment by default. 12. In all cases in any action on any promissory note, bill, bond, or pen account, in which an interlocutory judgment or judgment by default has been or shall hereafter be entered in any of the of this State, whereby the right of the plaintiff is established, but the damages sustained by him are not ascertained, the judge of where such judgment is shall, on motion of the plaintiff, or of his attorney, and the production to him of the promissory note, bill of exchange, bond, or writing obligatory upon which the suit was brought, or upon legal and satisfactory proof of the correctness and amount of the claim where the suit was brought, to recover a debt due upon open account, assess the damages, and order the judgment to be extended for the amount so found to be due, and interest on the same till paid, and costs of suit. In all other cases Other cases. in which an interlocutory judgment, or judgment by default has shall hereafter be entered, the judge of the court where courts the court been, or judgment is shall, on motion of the plaintiff, or his attorney, such make ments interlo 21 Md. 552, 575; 24 Md. 538; 29 Md. 162. 29 Md. 361, 466; an order, in the nature of a writ of inquiry, to charge the jurs in attendance in such court to inquire of the damages and costs sustained by the plaintiff in such action, which said inquiry shall be made and the evidence given in open court, in the same manner and under the same regulations as in other jury trials; and after the said jury, charged as aforesaid, shall have considered thereof, they shall forthwith return their inquisition, under their hands and seals, and jury. Inquisition by Art. 75, s. 63. 1785, c. 80, s. 13. Actions for penalty of bond, etc. 41 Md. 239. 1861, c. 70. Liens on lease- 34 Md. 121; Art. 29, s. 20. 1802, c. 101, s. 1. Administrator may plead insufficiency of assets. Id. s. 21. 1802, c. 101, s. 1. to be entered in such case. 16 Md. 35. 30 Md. 10. the court shall order such judgment to be extended, in accordance with the terms of such finding of the jury. 127. In all cases of actions brought for the penalty of any hond, bill, covenant, or contract with penalty, the jury may, under the direction of the court, upon the plea of payment or performance of the conditions or terms of the contract, ascertain, and by their verdiet find, what sum of money is really and justly due to the plaintiff, and upon such finding judgment shall be entered by the court for the penalty, to be released upon payment of the sum of money so found to be due, and interest on the same till paid, and costs of suit; and the same really due as aforesaid, or in any other manner ascertained, upon bonds and other instruments of writing, with penalty, shall be considered in law as the true debt, and shall be so pleaded by and allowed to administrators and others. 128. Every judgment hereafter to be rendered by any of the courts of law of this State, shall be and constitute a lien to the amount and from the date thereof, upon all leasehold interests and terms for years, of the defendants, on land, except leases from year to year, and leases for terms of not more than five years and not renewable, to the same extent and effect as liens are now created by judgment upon real estate. 129. If an administrator conceives that he has not assets sufficient to discharge the claim, or any part thereof, for which a suit shall be brought against him, he may plead the fact, and a trial by jury shall be thereupon had. 130. If, on any trial so had against an administrator, the debt How judgment or demand of the plaintiff shall be contested, and there be any other issue joined than upon the subject of assets, the jury, if they find for the plaintiff upon the issue so joined, and the amount of assets found by them be less than the debt or demand of the plaintiff, shall declare the amount of the debt or demand, and also the sum to be paid by the defendant to the plaintiff, regard being had to the amount of the assets in hand, and the debts due from the deceased; and the court shall thereupon enter judgment against the defendant for the penalty of the bond or damages laid in the plaintiff's declaration and costs of suit, if the court shall so direct, to be released upon payment of the sum ascertained to be paid by the verdict of the jury and interest thereon, from the time of rendering the said judgment. Id. s. 22. 1802, c. 101, s. 1. How levied on judgments against admin istrator. 30 Md. 10. Id. s. 23. 1802, c. 101, s. 1. Scire facias on 131. The sum so ascertained shall be levied of the goods and chattels of the deceased, or of the proper goods and chattels of the defendant, and the residue of the debt or damages so ascertained shall be levied of the goods and chattels of the deceased, which may thereafter come to the hands of the defendant, to be administered with interest as aforesaid, or of the proper goods and chattels of the defendant. 132. If such goods and chattels shall thereafter come to the hands of the defendant as administrator, or into the hands of any against admin other person who may have authority to administer the goods of the judgment 19 Md. 351. 44 Md. 598. damages on 133. In all cases of proceedings to condemn lands, for any pur- 1870. c. 371. pose whatever, under any law or charter, upon the return and rati- 10 Md. 554. fication of the inquisition by the proper court, and in all cases in 43 Md. 219. which inquisitions may have been heretofore returned and ratified, 10 How. 395. the said court shall render a judgment against the persons or cor- Judgment for poration for whose use the condemnation may be so made in favor condemnation of the owners named in the requisition for the amount of the dam- of lands. ages awarded by the jury, and unless within ninety days after condemnation ratified, the same shall be abandoned by written notification to said owners, execution may immediately thereafter issue on When execusaid judgment, as in other cases of judgments rendered in courts of law. tion may issue. EXECUTION. Art. 29, s. 19. 1829, c. 166, s. 1; 1830, c. 80: 1834, c. 126; 1861, c. 1864, c. 268. 134. Upon all judgments rendered at the second term after the defendant has been summoned, the defendant shall be entitled to a stay of execution until the first Thursday of the ensuing term, with 17: 1862, c. 249; the privilege of superseding the same in the manner allowed by law, Stay of execuat any time within two months after the expiration of said stay, and 32 Md. 91. with the power of prosecuting an appeal, or suing forth a writ error, as authorized by law. tion. 1874, c. 320. When execution or attachment may issue. 28 Md. 68, 73, 337; 29 Md. 536; of 1862 c. 262. 135. On all judgments rendered in any court of law, an execution or attachment may issue at any time within twelve years from the date of such judgment, or if there be a stay thereon, at any time within twelve years after the expiration or removal of such stay; when there has been no discharge of parties to such judgment by death or by marriage. 31 Md. 521; 32 577; 35 Md. 336 38 Md. 255; Md. 91, 147, 511; 37 Md. 41 Md. 601; 1862, c. 262; 1874, c. 320; stay, etc. Execution after 24 Md. 251, 339; Md. 521; 34 Md. 136. If a stay of execution be entered on the docket at the time of the rendition of the judgment, or if a judgment be stayed by injunction, supersedeas, appeal, or writ of error, an execution may issue at any time within twelve years after the expiration or re- 29 Md. 533; 31 moval of such stay, but in no case whatever shall the period during 93; 37 Md. 336; which any stay law heretofore passed, or hereafter to be passed, Md. 254; 1 H. & may have been or may be in force, be computed as part of said J. 483; 12 G. & twelve years. PROCESS TO ANOTHER COUNTY. 41 Md. 601; 43 443. Process to another county. 137. When any of the clerks of any of the courts within this Art. 75, s. 104. State shall be required to issue any writ or process whatever to be 1817, c. 139, s. 1. served in any other county than that in which he is clerk, he shall issue the same directed to the sheriff, coroner, or other proper officer, of such other county to whom the same ought to be directed, and Id. s. 105. 1817, c. 139, s. 2. Clerks to send to post-office daily. shall immediately inclose such process in a letter or cover, sealed up and addressed to the clerk of the Circuit Court of such other county, or the clerk of the Superior Court of Baltimore City, and on the back thereof shall indorse his name as clerk of the court from which it issues, and shall forthwith deposit the same in the next post-office, to be conveyed by the ensuing mail to the post-office at or nearest to which the clerk of such other court shall reside; and in such letter or cover shall be written the usual docket entry of such process, so as to show the parties concerned, and the nature and purpose thereof. 138. Each clerk of the Circuit Courts for the several counties, and the clerk of the Superior Court of Baltimore City, shall send to the post-office nearest his residence daily (if mails arrive at said office daily), and if not, as often as they arrive, and inquire for letters and covers addressed to him; and if he receive any writ or process To indorse time he shall immediately indorse the time when he receives the same, and with all convenient speed deliver the same to the sheriff or other officer to whom the same may be directed, and shall also indorse thereon the time of such delivery. of receipt and deliver to officer. Id. s. 106. livery to be sent to court issuing process. Certificate evidence of delivery. To apply to writs of fieri facias and attachments. Id. s. 107. 1817, c. 139, s. 5. Penalty of neglect by clerk. Id. s. 108. Id. s. 109. 1817, c. 139. 139. Every clerk who, shall receive and deliver any writ or process as directed in the preceding section, shall transmit by the mail, and in due time before the session of the court to which such process shall be returnable, a certificate under his hand and seal of office, setting forth the receipt of such process (which he shall describe in the manner in which it is written in the letter or cover which contained the same), the time when he received the same, the delivery thereof to the officer to whom it was directed, and the time of such delivery; which certificate he shall seal up and address to the clerk of the court to which the process is made returnable, and deposit it in the nearest post office, to be conveyed to such clerk, indorsing his name thereon, as herein before directed; and such certificate in all proceedings relating to the sheriff, or other officer to whom any such writ or process was directed, shall be competent and sufficient evidence to prove the delivery of such process to such officer; the provisions of this and the preceding section to apply to writs of fieri facias and attachments sent from one county to another. 140. Every clerk who shall neglect or delay to perform the duties required by the three preceding sections shall forfeit and pay a sum not exceeding fifty dollars for every refusal or neglect, for the use of the State. 141. The expense of postage incurred by the respective clerks, and a reasonable compensation for their services in the transmission, delivery, and receipt of process from one county to another, shall be allowed to them by the county commissioners of their respective counties, and mayor and city council of Baltimore. 142. Any process directed to another county instead of being May be sent by sent by mail, as herein before directed, may be sent by any person, and upon proof of the delivery of the same to the sheriff, or other private band. |