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402 Assembly Proceedings, Sept. 21-Oct. 29, 1742.
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Session
Laws
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before them, where any Person or Persons accused or prosecuted
shall desire the same, sign and allow Bills of Exception; and that in
all Cases where Bills of Exception are allowed, that no Judgment
shall be rendered until the next Provincial Court, to the Consideration
of which Court it is to be referred; any Law, Usage, or Custom, to
the contrary notwithstanding.
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Where the
Justices are
doubtful,
Judgment
to be
referr'd
to the
Provincial
Court.
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And be it likewise Enacted, That where any general Verdict shall
be found in any criminal Case, against any Person before the said
Justices, wherein the Judgment is not certainly known and settled
by Law, or wherein the said Justices, or either of them, shall be in
any Doubt, or under any Difficulty, what Judgment to give upon
such Verdict, that then and in such Case no Judgment shall be given,
but that the Judgment be referred to be given on such Verdict to
the Consideration of the Provincial Court, who shall and may give
Judgment, unless the Party or Parties accused or prosecuted, prays
Judgment may be given immediately; that then and in such Case,
the Judge or Judges of Assize shall and may proceed to Judgment
therein; any Law, Usage, or Custom to the contrary notwithstanding.
And to the End that the Justices of Assize, Nisi prius, Oyer and
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Matters de-
terminable
in the
County
Courts, to
be tried in
the County
Courts.
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Terminer, and Goal-Delivery, may not be hindered from proceeding
in the Decision of Matters not determinable elsewhere (which the
Time allowed by Law for their Session 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
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p. 18
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of the Justices of Oyer and Terminer, or during their Sitting. Pro-
vided 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
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Sheriff of
Anne
Arundel
County to
return 24
Persons,
out of
whom is
to be im-
panelled
a Jury.
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Sheriff of Anne-Arundel County, immediately to summon a com-
petent and sufficient Number of good and lawful Men de Circum-
stantibus, and not less than Twenty- f our in Number, to serve as
Jurors, and return a Pannel of them, for the Trial of any Issue so to
be had and tried before the said Justices of the Provincial Court,
and that they shall be ballotted in the same Manner that Petit Jurors
are before by this Act directed to be at the Assizes; and that the first
Twelve Jurors that shall be drawn, shall be the Jury to try the Cause,
unless some legal Exception, by either Plaintiff or Defendant, be
made against any of the said Twelve Jurors; in which Case, others
in their Room shall be in like Manner drawn, in the Stead of those
to whom legal Exception shall be made. Provided, 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 Tryal, the Party presented shall not be obliged to
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