ÆäÀÌÁö À̹ÌÁö
PDF
ePub

administration of justice; (2.) The misbehavior of any officers of the said courts in their official transactions; (3.) The disobedience or resistance by any officer of the said courts, party, juror, witness or any other person or persons to any lawful writ, process, order, rule, decree or command of the said courts; (4.) For unlawfully detaining or fraudulently and wilfully preventing, or disabling from attending or testifying a witness or party to an action, while going to, remaining at, or returning from the court, or sitting of an examiner in equity, or commissioner, where such cause may be set for trial, hearing, or the taking of testimony; (5.) For fraudulently and wilfully removing, concealing or destroying any book, paper or document for the production of which for purposes of evidence, either at the trial of a cause, or before an examiner in equity, or commissioner, notice shall have been given; (6.) For rescuing any person from the custody or removing any property from the possession of any officer holding said person or property by virtue of any writ of a court of competent jurisdiction; (7.) Any person for assuming to be any attorney, solicitor, or other officer of the court, and acting as such without authority. Every offense which has been, or shall have been, wholly or partly committed against this section, before the repeal and re-enactment thereof with amendments as herein before provided, shall be dealt with, inquired into, tried, determined and punished, and every penalty in respect to any such offense shall be imposed or inflicted, and any fine shall be imposed, enforced or recovered as if said section had not been repealed; and no case or proceding pending shall abate, by reason of such repeal, and any liability in respect to any matter or thing committed or done before such repeal and re-enactment with amendments, shall continue and be of the same force and effect as if said section had not been so repealed and re-enacted.

1890, ch. 411.

6. The clerk of any court in this State may, during the recess h242 of said court, enter a judgmnnt by confession with the assent of the parties or attorneys in writing, which shall be filed with the titling, nar., cause of action and other papers in the case in which said judgment is entered; and a judgment so entered shall from the date of the entry of the same by the clerk, have the same effect as if entered during the session of the Court.

Judgments.

1890, ch. 314.

19. Every judgment 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 interest and terms for years of the defendants in 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 created by judginent upon real estate, and a certified copy of the docket entries from the clerk of the court where any judgment is obtained, or magistrate judgment originally recorded, when recorded upon the judgment record of any other court in the counties of this State or the city of Baltimore, shall be and constitute a lien, from the date of its being so recorded, upon the property of the defendant in said county or city of Baltimore, to the same extent as in the county or city where the said judgment was originally obtained or magistrates' judgment originally recorded. Shryock. Morris, 75 Md. 79.

1890, ch. 114.

20. On all judgments or decrees in any court of law or equity, and on all judgments of justices of the peace recorded in the clerk's office of any court of law, an execution or attachment may issue out of such court or by the clerk thereof, at any time within twelve years from the date of the judgment or decree, or the said judgment or decree may be otherwise proceeded with within twelve years from its date; and in case of the death of any plaintiff in any such judgment, the executor, administrator or other person entitled to the judgment or decree, shall, on application to the clerk of the court having control of the docket whereon such judgment or decree is entered or recorded, be made a party to the same by suggesting the death of the plaintiff in writing, and causing his name to be inserted in the place of said plaintiff or his legal representatives, and have execution or attachment as the plaintiff might have had if no such death had taken place; and in the case of the marriage of a female plaintiff in any such judgment or decree, she may suggest in writing her said marriage, and have execution or attachment thereon, in her new name acquired by such marriage; and in case of the death or marriage

of any of the defendants in any judgment or decree herein mentioned, the plaintiff in any such judgment or decree shall at any time within twelve years from the date of the judgment or decree, upon a suggestion supported by affidavit of the death or marriage: of any of said defendants, be entitled to have an execution or attachment issued against the defendant still alive, and such execution or attachment may be laid on any goods, chattels, lands and tenements of any of said remaining defendants; provided, that at any time before the expiration of twelve years from the date of any such judgment or decree, or in case of the death or marriage of any defendant in the judgment, the plaintiff shall have right to have a writ of scire facias to renew or revive the same, and on judgments of justices of the peace duly recorded in the clerk's office, such writ of scire facias may be issued out of the Superior Court of Baltimore city, or the circuit court of the county, as the case may be, as if said judgment had been originally rendered by said court, and on all such judgments or decrees the plaintiff may have more than one attachment or execution to be laid in the hands of different persons, or levied on other property or effects than that taken under the first, though the first be still outstanding; provided, that but one satisfaction of the debt or demand shall be made, and that it shall be in the discretion of the court in all such cases, whether any costs, and if any, what amount of costs shall be allowed on the subsequent attachments or other executions; the provisions of this section shall apply also to attachments or executions directed to a county different from that where the judgment or decree was rendered, or to or from the city of Baltimore.

Court of Appeals.

1892, ch. 521.

30. Any judge of the Court of Appeals, or any judge of a circuit court, or any judge of the Supreme Bench of Baltimore city, who shall be connected by consanguinity or affinity with any party to a cause within the third degree, counting down from a common ancestor to the more remote, shall be disqualified from sitting in such cause.

1890, ch. 95.

35. It shall be the duty of any crier appointed by the Court of Appeals to be in attendance at the rooms of said court every day in the year, legal holidays and Sundays excepted; and he shall receive for his services one thousand dollars per annum, payable in quarterly instalments; and whenever in the judgment of said court the attendance or services of a sheriff may be required in said court, the judges thereof may direct a sheriff to attend or perform such services, for which attendance and services the said sheriff shall be entitled to a per diem of three dollars and fifty cents; and the judges of said court shall, at the end of each session of the said court, give such sheriff a certificate of the number of days for which he is entitled to said per diem.

1892, ch. 353. 1894, ch. 255.

35 A. The judges of the Court of Appeals are authorized to appoint a messenger to the court, and he shall receive one thousand dollars, to be paid to him in quarterly instalments.

Romoval of Cases from Courts of Law to Courts of Equity. 1896, ch. 229.

42. In every case at law or in equity in which it shall appear that the plaintiff is entitled to some relief or to some remedy, but not in the particular court, or on the side of the court in which the suit is brought or the relief is prayed, the plaintiff shall not on that account be non-suited or the case dismissed; but the case may, in the discretion of the judge presiding in the court in which the suit is pending, at any time, in any action at law, before the jury retire to consider their verdict, or in a suit in equity, before the final decree is signed, be removed by an order in writing signed by the judge or judges there presiding, to such proper court or docket, either of equity or law, in the same county or city, as the nature thereof may require, and thereupon such proceedings shall be had, by amendment of the pleadings and otherwise, as shall conform the case to the course of the court to which the same shall have been removed under such general or special rules as each of such courts may prescribe for the adjustment of costs, the prevention of delay and the promotion of justice.

[blocks in formation]

Counterfeiting and Forgery. 32. Deed, will or other private instruments. Penalty.

40 A. Labels, trade-marks, etc. of unions of workingmen. 40 B. Penalty for counterfeiting such trade-marks, labels, etc.

40 c. Such label or trade-mark may be filed for record.

40 D. Manufacture, use, display, etc. may be enjoined.

40 E. Penalty for using genuine

label, etc., without authority.

46 E. Disposition of fines in such

cases.

46 F. Justice must obtain written waiver of right of jury trial from accused party.

46 G. Shooting of carrier pigeons unlawful.

46 H. Penalty for such offense. 461. Entrapping carrier pigeons unlawful. Penalty for such offense.

Desertion of Wife or Child.

47 A. Penalty for non-support by husband of wife or minor child.

[blocks in formation]

Penalty for malicious injury or

destruction of property of another.

40 F. Penalty for using name or seal 59. Penalty for breaking into rail

of such association.

road cars.

46 A. Penalty for counterfeiting phy-59 A. Tampering with electrical consician's prescriptions, recipes, ductors unlawful.

etc.

Cruelty to Animals.

46 B. Cruelty of any kind to animals

a misdemeanor.

59 B. Penalty for such offense.

Disturbance of the Public Peace.

46 c. What the words "torture or 67. Penalty for obstructing the free

cruelty" include.

46 D. Justices of the peace may have

concurrent jurisdiction with Courts.

passage of persons or disturbing the public peace by unseemly noises and bad lan

guage.

« ÀÌÀü°è¼Ó »