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JOHN H. STONE, Esquire, Governor.
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1796. |
peace of such county, to sell such person or persons to serve for a
period of time not
exceeding six calendar months, and the money therefrom arising, after
payment of
the charges arising from such commitment and confinement, to pay over
unto the
justices of the levy courts of the respective counties, for the use
of said counties. |
CHAP.
LXVII. |
XXI. And
be it enacted, That no petition or petitions for freedom shall hereafter
originate in the general court of either shore, but shall commence
and be
tried only in the county where such petitioner or petitioners shall
reside, under
the direction of his, her or their master, mistress or owner; and the
court of the
county in which such petition or petitions shall be preferred, shall
have full
power and authority to issue process against such master, mistress
or owner, for
the purpose of compelling his or her appearance, directed to the sheriff
of the
county where such person or persons shall reside, and such sheriff
shall serve and
return such process, in the same manner as if issued by the county
court of this
county, and in case of neglect or delay in such sheriff to execute
and return such
process, he may be fined by the court issuing such process. |
No petition to
originate in
the general
court, &c. |
XXII. And
be it enacted, That in all petitions now depending, or hereafter
commenced, for freedom, either the petitioner or defendant may apply
to the court
for the benefit of a trial by jury, and the court shall thereupon charge,
as the
law directs, the attending jury, to determine each and all of the allegations
contained
in the said petition, which may be controverted, any law, usage or
custom,.
to the contrary notwithstanding. |
Petitioner,
&c. may apply
to the
court, &c. |
XXIII. And
be it enacted, That there shall be no appeal from the judgment
of the county court upon such petitions, except as to matters of law,
where the
facts shall have been tried by a jury, and the master, mistress or
owner, of such
petitioner, or the petitioner, at the election of either, shall have
the right of appeal
as to matters of law only, and to take bills of exception in all cases
so tried
to the general court of their respective shore, any thing in this act
contained to
the contrary notwithstanding. |
There shall
be no appeal,
&c. |
XXIV. And
be it enacted, That either the master, mistress or owner, of such
petitioner, or the petitioner, shall have the right an privilege of
challenging
peremptorily to the number of twelve jurors impannelled to try the
facts in issue,
and for want of a sufficient number of jurors remaining upon the original
pannel,
a tales, at the prayer of either party, shall be awarded by
the court to try the
said issue or issues. |
Master, &c.
may challenge,
&c. |
XXV. And
be it enacted, That in all cases of petitions for freedom hereafter
to be instituted in any court of law in this state, where the petition
or petitions
shall be dismissed, or upon trial the judgement against such petitioner
or petitioners,
the attorney prosecuting or appearing to the same shall pay all legal
costs
arising therein, unless the court, before whom the same may be brought,
shall
be of opinion, under all circumstances, that there was probable ground
to suppose
the said petitioner or petitioners had a right to freedom; and that
in all cases
of petitioner for freedom now depending in any court of law in this
state, except
on appeal, where a similar petition or petitions, at the suit of the
same party of
parties, has or have been before filed and dismissed, the court before
whom such
petitioner or petitioners are depending shall order a stay of all proceedings
until the
costs of the former petition or petitions, and all reasonable demands
and expences
sustained or incurred by the defendant or defendants therein, to be
ascertained by
the court, shall have been paid or secured to be paid. |
The attorney
to pay costs in
certain cases,
&c. |
XXVI. And
be it enacted, That in case the said costs, damages and expences,
shall not be paid within six months after the court shall have ordered
a stay of
proceedings, and ascertained the said damages and expences as aforesaid,
the defendant
or defendants in such petition or petitions, so as aforesaid depending,
and
his, her or their securities, shall be discharged from any recognizance
by him,
her or them, entered into, in consequence of such petition or petitions
being
filed, and the said petition shall be forthwith dismissed. |
If not paid,
defendant to
be discharged,
&c. |
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