114 Assembly Proceedings, 1694-1728.

Public
Record
Office,
London.
C. O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts

Criminall Causes where the Grand Jury shall Finde the Bill in the
Provinciall Court the Attorney Generall to have 400^lbs of Tobacco
& that the Clerks of the Indictments in the severall and respective
County Courts should have 200^lbs of Tobacco of the Criminalls where
the Grand Jury found the Bill by colour of the said Ordinance and for
Lucre of Fees severall bonds have [been] putt in suite without any de-
fault & severall Venires have been Issued before any presentment of
the Grand Jury or any Order of the Court so that divers of his Maj^ties
good subjects of this province have been unjustly grieved troubled &
molested upon very trivial & slight complaints to the said Attorney
Generall and to the said Clerks of Indictments, for prevention of
which great evill for the Future the Delegates of this present Generall
Assembly do humbly pray that It may be Enacted.
And Be It Enacted by the Kings most Excellent Ma^ty by & with the
advice & consent of this present Generall Assembly and by the
Authority of the same that after the End of this Sessions of Assembly
no summons or other process for any Criminall matter or misde-
meanour shall Issue out of any of the Courts of this Province against
any person or persons whatsoever without a presentment be first
found against the said person or persons by the Grand Jury unless
by a speciall order of Court, And if the Attorney Generall or any
other Attorney of the Provinciall Court shall Issue forth summons
or any other process against any Person or Persons & no present-
ment or Order of Court appeares upon the Record to Justifye the
same the said attorny so offending shall forfeit & pay for such his
offence the summe of 5000^lbs of Tobacco the one halfe to his sacred
Ma^ty for the use of the Free Schoole the other halfe to the party
grieved, or to him or them that shall Informe or sue for the same to be
Recovered in the Provinciall Court of this province by Bill, plaint or
Information. And if any Clerk of Indictments in any of the County
Courts of this province or any other Attorney practising in the said
Courts shall Issue forth any Summons or other process against any
person or persons for any Criminall matter or Misdemeanour without
presentment be found First by the Grand Jury against the said
person or persons or speciall order of Court appearing upon Record
to Justifye the same the said Clerk of Indictments or other Attorney
so offending shall forfeite & pay for such his offence the sume of
2500^lbs of Tobacco the one halfe to his Ma^ty for the use of the Free
Schoole, the other halfe to the party grieved or to him or them that
shall Informe or sue for the same to be Recovered in any Court of this
province wherein no Essoyne or protection shall be allowed, Neither
shall the party so offending have any appeale or Writt of Error,
but the Judgment of the County Court shall be definitive therein.
And if the Clerk of the Provinciall Court of this Province or any of
the Clerks of the County Courts of this Province shall Issue Sum-
mons or other process without an Order for the same under the