Volume 25, Page 217 View pdf image (33K) |
Proceedings of the Council of Maryland, 1707. 217
Iurors or Default at the Assizes and to returne the same under Lib. C. B. the Judges Seale to the Provinciall Court there to be Entred of Record, and in order to have Iudgmt either awarded or arrested on such Verdicts. 5thly That all Judgments by Defaulte be Entred of Course and those by Verdict likewise by the Clark of the Provinciall Court unless Six days Notice be given to the party or At torney of the Defendants Intent to move within two days of the first next Terme in a rest of Iudgmt And that no motion in arrest of Judgment be received at Barr unless such due Notice thereof be proved upon Oath to be before one of the Judges. 6thly That all matters of Law Pleas in Abatemt Estoppells p. Demurrers appeales and Writts of Error be argued and heard at Barr and not at the Assizes unless in Criminall Matters; wherein Exceptions to Indictments may be Allowed to be heard, and that the practice be as Consonant as may be to that of the Kingdom of England. 7thly Except arguing of Exceptions to Indictmts & moving in arrest of Iudgmts thereon. That Rules of practice be advised and agreed on by the said Judges and practitionrs to be prepared and presented to his Exncy the Governour and Councill in Assembly for Con firmation. 8thly That the Termes be held at Annapolis the first day of Aprill the fifteen of Iune the Tenth of September and the first of November yearly, And that the Assizes be begun and held the first of May and first of October unless Sundays and Continue untill all the bussiness be Compleated. 9thly That the Assembly will Seriously consider of this her Majestys most gracious and Indulgent Condiscension and by some Law Settle an Annuall Sallary upon such Judges to be appointed and Comissionated by his Exncy the Governour of the fittest and discreetest persons of this province Allways Freeholders and Inhabitants of and within the Same; which Sallary cannot be less then one hundred pounds p Annum besides their Travelling Charges to be borne by the Severall Countys.
[Seal of Maryland.] Governor of Maryland to Mr. Popple Secy. In obedience to their Lordships Comands signified by your P. R. O. letter dated the 28' of July 1705 which I rec'd not till the tenth of February 1705/6 I have sent the old Seale of this Province by the Reverend Mr. Evans Minister of Philadelphia to Coll. Blakistone our Agent, who I presume will Deliver
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Volume 25, Page 217 View pdf image (33K) |
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