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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 592   View pdf image (33K)
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592 Assembly Proceedings, May 16-July 11, 1747.

SessionLaws
Bills of Ex-
ception to be
allowed

cuted shall desire the same, sign and allow Bills of Exception; and
that in all Cases where Bills of Exception are allowed, that no Judg-
ment shall be rendered until the next Provincial Court, to the Con-
sideration of which Court it is to be referred; any Law, Usage, or
Custom, to the contrary notwithstanding.

General
Verdicts, not
determined
in the Assize
Courts, to be
referred to
the Pro-
vincial

And be it further 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.
And to the End that the Justices of Assize, Nisi prius, Oyer and
Terminer, and Goal-Delivery, may not be hundred from proceeding
in the Decision of Matters not determinable elsewhere (which the
Time allowed by Law for their Session is hardly sufficient to dis-

Petty
Offences to
be tried in
County
Courts

patch), in hearing petty Offences, tryable in the County Courts, Be
it Enacted, That all Felonies, Trespasses, and other evil Deeds, try-
able in the County Courts by the Laws now in being, shall be tryed,
heard, and determined by the County Courts, and not elsewhere;
except Affrays, and other Offences to be committed in the View of
the Justices of Oyer and Terminer, or during their Sitting.
Provided always, and be it Enacted by the Authority aforesaid,

Of Provin-
cial Juries
p. 6

That it shall and may be lawful for the Justices of the Provincial
Court, for the expediting the Causes to be tryed before them, to
order the Sheriff of Anne Arundel County immediately to summon
a compleat and sufficient Number of good and lawful Men, de Cir-
cumstantibus, and not less than twenty-four in Number, to serve as
Jurors, and return a Pannel of them for the Tryal 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 tryable 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 pay
any Fees or Charges, except what shall arise in the Prosecution in
the County Court; any Law, Usage or Custom, to the contrary not-
withstanding. Saving to all Persons accused before the Justices of



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 592   View pdf image (33K)
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