Acts. 591

pearing, 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, 'til such Jury shall have given in their Verdict, and the

Session Laws

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 undrawn ;
and so as often and as long as any Cause shall remain then to be

P. 5

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 con-
taining 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 aforesaid, for the Tryal of the Cause which shall be so brought
on to be tryed.

Proviso

And to the End that the Sheriffs may be obliged to discharge their
Duty, in returning the best and most capable Freeholders to be Jury-
men, 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.

Sheriffs
Duty in
Summoning
Jurymen

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.

Allowance
to Justices
of Assize

And be it Enacted, That it shall and may be lawful for the said
Justices to make all such Rules and Orders, as may be convenient
and necessary for the Furtherance of Justice and Right, and to im-
pose reasonable Fines, Forfeitures, and Penalties, upon such as shall
transgress them. Provided always, That such Rules shall be agree-
able to the Laws of England and this Province; and that all Sheriffs,
Bailiffs, and other Officers and Persons whatsoever, shall yield due
Obedience to all Process, Warrants, and Precepts, that shall be issued
by, or returnable to the said Justices.

Who may
make Rules
and Orders

Proviso

And be it Enacted by the Authority, Advice, and Consent afore-
said, That the Justices of Assize, Nisi prius, and Gaol-Delivery, shall,
in all civil Cases to be tried before them, where any Person concerned
shall desire the same, allow and direct special Verdicts to be found.
And be it further Enacted by the Authority, Advice, and Consent
aforesaid, That the said Justices shall, in all criminal Cases to be
tried before them, where any Person or Persons accused or prose-

And allow
special
Verdicts