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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 399   View pdf image (33K)
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Acts. 399


Quality soever, that have been, or by Law might be tried in the Pro-
vincial Court, shall be heard, tried, and determined by the said Jus-
tices in the several Counties where they shall be committed, and not
elsewhere, as fully and amply as the said Offences, or any of them,
might have been tried, heard, and determined by the Provincial
Court, or any Court of Oyer and Terminer, and Goal-Delivery,
according to the Laws of England and this Province. Provided
always, That nothing in this Act shall be construed to divest the
County-Courts of any Jurisdiction they have, and that they may
hear and determine all Matters and Things within their Cognizances,
as they have heretofore done; any Thing in this Act to the contrary
notwithstanding.

Session
Laws

And be it Enacted, That Two of the Provincial Justices to be ap-
pointed as aforesaid, on the Western Shore, or One of them, in case
of the other's Sickness or Inability, shall meet and hold their Courts,
at Baltimore County Court-House, the Monday before the first Tues-
day in April and September Yearly; at Annapolis, for Anne-Arundel
County, the Fridays after the said first Tuesdays; at Calvert County

Times
and Places,
when and
where the
Assizes are
to be held.

Court-House, the Friday after the second Tuesdays of the said
Months; at St. Mary's County Court-House, the Wednesdays after
the third Tuesdays in the said Months; at Charles County Court-
House, the Mondays after the said third Tuesdays in the said
Months; and at Prince George's County Court-House, the Mondays
following. And that Two of the Provincial Justices on the Eastern
Shore, to be appointed as aforesaid, or One of them, in case the
other should be sick, or incapable to attend, shall meet and hold their
Courts, at Somerset County Court-House, the first Tuesdays of said
Months Yearly; at Dorchester County Court-House, the first Mon-
days after; at Talbot County Court-House, the Thursdays after the
second Tuesdays; at Queen Anne's County Court-House, the Wed-
nesdays after the third Tuesdays; at Kent County Court-House,
the Mondays after the third Tuesdays in the same Months; and at
Cescil County Court-House, the Fridays following; to hear, deter-
mine, and dispatch such Business as shall be before them.

p. 15

And be it Enacted, That in all Actions now depending in the Pro-
vincial Court, where the general Issue, or other general Plea, tending
to an Issue on the Country, is pleaded, the Issues shall be made up
and compleated by the Twentieth Day of February next; and that all
Declarations in Actions to be commenced in the Provincial Court,
shall be filed with the Clerk, within Thirty Days after every Ap-
pearance Court, and the Issue made up where the general Issue, or
other general Plea, tending to an Issue on the Country shall be
pleaded, shall be made up within Thirty Days after the Filing the
Declaration; but where special Pleadings are necessary, the Court,
upon Motion, may grant such Time as may be thought reasonable ;
and that the Plaintiff, in every Cause to be tried before the said
Justices, shall give the Defendant or his Attorney Notice, Fourteen

Declara-
tions to
be filed
in Thirty
Days after
Appearance
in Court.



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 399   View pdf image (33K)
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