Maryland. General Court of the Western Shore

Though not specifically authorized to do so before 1785, the General Courts often served as courts of record for various actions.

From the description of Land records, 1777-1805. (Unknown). WorldCat record id: 122614031

The General Courts of the Eastern and Western Shore were created by the state Constitution of 1776 to replace the Provincial Court. They had the same jurisdiction as the Provincial Court and heard appeals from county courts. The two courts also shared judges, but were otherwise completely independent, having separate clerks and maintaining separate records. The judges were not members of any other court. The sheriffs of Anne Arundel and Talbot counties, where the courts met, served as the sheriffs of the court for their respective shores.

In addition to hearing cases, general courts also served as courts of records. When the legal validity of this function was challenged in 1785, the General Assembly passed an act that declared land records recorded in the courts were legally valid and that deeds could be acknowledged before either a general court or the county court of the county where the land was located (Laws of 1785, ch. 9). Moreover, abstracts of all deeds recorded in county courts were also recorded the respective general court as insurance against loss or destruction of the original deed. The General Court of the Western Shore also recorded all laws passed by the General Assembly.

Originally, the general courts enjoyed great popularity and prestige, but as the population grew more widespread, the inconvenience and costs of travel associated with attending hearings grew prohibitive. Witnesses and lawyers were sometimes dislocated for weeks. In 1796, demands for decentralization of the courts led to an attempt to abolish the general courts. While that effort failed, the general courts were abolished in 1805 (Laws of 1804, ch. 55 and Laws of 1805, ch. 9). Thereafter, the county courts became the sole courts in Maryland with regional jurisdiction. The Court of Appeals absorbed the general courts' appellate jurisdiction and was made responsible for maintaining the records of the defunct courts.

From the description of Agency history record, 1776-1805. (Unknown). WorldCat record id: 122469937