|
|
Time allowed by Law for their Sessions is hardly sufficient to dis-
patch,) in hearing Petty Offences triable in the County Courts,
Be it Enacted, That all Felonies, Trespasses, and other Evil Deeds,
triable in the County Courts, by the Laws now in Being, shall be
tried, heard, and determined, by the County Courts, and not else-
where, except Riots, and other Offences, to be committed in the
View of the Justices of Oyer and Terminer, or during their Sitting;
and other Crimes and Misdemeanours, where it shall appear to the
Justices of the Provincial Court, or Justices of Oyer and Terminer,
from the Nature of the Offence, or the Circumstance of the Offender,
that a Trial at the Provincial Court Bar, or before the Justices of
Oyer and Terminer, shall be absolutely necessary.
Provided always, and be it Enacted, by the Authority aforesaid,
That it shall and may be lawful for the Justices of the Provincial
Court, for the expediting the Causes to be tried before them, to
order the Sheriff of Anne-Arundel County, immediately to summon
a competent and sufficient Number of good and lawful Men, de
Circumstantibus, or of the nearest Inhabitants, to serve as Jurors,
and return a Pannel of them, for the Trial of any Issue to be had
and tried before the said Justices of the Provincial Court.
Provided always, That where any Presentment shall be found
by the Grand Jury, at any Court of Oyer and Terminer, for a Matter
triable by the County Court, and that shall, by the Justices of Oyer
and Terminer, be referred to the County Courts for Trial, the Party
presented, shall not be obliged to pay any Fees or Charges, except
what shall arise on the Prosecution in the County Court; any Law,
Usage, or Custom, to the contrary, notwithstanding.
Saving to all Persons accused before the Justices of the County
Courts, the Benefit of Writs of Removal and Trials in the Provin-
cial Court, or before the Justices of Oyer and Terminer, and Goal
Delivery.
|
Session
Laws
|
|
|
|
And whereas, by the Act for the Advancement of Justice, It is
Provided and Enacted, That in all Actions to be commenced in the
Provincial Court, for the Recovery of any certain Sum of Money
or Tobacco within the Jurisdiction uT ilia I Court, wherein the Plain-
tiff should be desirous of a speedy Trial, that if the Plaintiff should
send a Copy of the Declaration of the Case, with the Writ, and cause
the same to be served on, or delivered to the Defendant, or left at his
or her last Place of Abode, Twenty Days at the least before the
Appearance Court, it should be lawful for the Justices of the said
Court, and they are by that Act required to proceed to Trial the
same Court; and if the Defendant should refuse or neglect to answer,
or plead to render Judgment for the Plaintiff, with Cost of Suit,
unless sufficient Cause should be shewn by the Defendant, why there
should be an Imparlance.
|
p. 12
|
|
