Acts. 401

of the Court, may and shall, in open Court, draw out Twelve of the
said Papers one after another, and if any of the Persons whose
Names shall be so drawn, shall not appear, or be challenged and set
aside, then such further Number, until the Twelve Persons shall be
drawn, who shall appear, and after all Causes of Challenge shall be
allowed, as fair and indifferent, and the said Twelve Persons so first
drawn, and appearing, and approved as indifferent, their Names
being marked in the Pannel, and they being sworn, shall be the Jury
to try the same Cause; and the Names of the Persons so named, and
drawn, and sworn, shall be kept in some other Box or Glass to be
kept for that Purpose, till such Jury shall have given in their Verdict,
and the same is recorded, or until such Jury shall by Consent of
Parties, or Leave of the Court, be discharged; and then their Names
shall be rolled up again, and returned to their former Box or Glass,
there to be kept with the other Names remaining at that Time un-
drawn, and so as often, and as long as any Cause shall remain then
to be tried. Provided always, That if any Cause shall be brought to
Tryal, before the Jury in any other Cause shall have brought in their
Verdict, or be discharged, it shall and may be lawful for the Court
to order Twelve of the Residue of the said Papers, not containing
the Names of any of the Jurors who shall not have brought in their
Verdict, or be discharged, to be drawn in such Manner as is afore-
said, for the Tryal of the Cause, which shall be so brought on to be

tried: And to the End that the Sheriffs may be obliged to discharge

their Duty in returning the best and most capable Freeholders to be

Session
Laws

Jurymen,

P. 17

Be it Enacted, That every Sheriff who shall neglect to return the
best and most capable Freeholders, for Grand and Petit Jurymen,
except as before excepted, shall for every such Neglect be fined by the
Justices of Assize at their Discretion, not exceeding Twenty-five
Pounds Current Money of Maryland, to be applied to defray the
County Charge.
And be it Enacted, That each Justice of Assize shall be allowed by
the Public Seven Thousand Pounds of Tobacco, to be paid in the
Counties respectively where they reside, for every Circuit, and no
more.
And be it Enacted, That it shall and may be lawful for the said

Sheriffs to
be fined for
neglecting
to return
proper
Persons to
Jurors.

Justices to make all such Rules and Orders, as may be convenient and
necessary for the Furtherance of Justice and Right, and to impose
reasonable Fines, Forfeitures, and Penalties, upon such as shall
transgress them. Provided always, That such Rules and Orders
shall be agreeable to the Laws of England and this Province; and
that all Sheriffs, Bailiffs, and other Officers, and Persons whatso-
ever, shall yield due Obedience to all Process, Warrants, and Pre-
cepts, that shall be issued by or returnable to the said Justices.

Justices
empowered
to make
Rules and
Orders.

Be it further Enacted by the Authority, Advice, and Consent afore-
said, That the said Justices shall in all criminal Cases to be tried
27

Bills of
Exception
allowable.