Acts. 275

No. 2 An Act for Tryal of all Matters of Fact, in the several Counties where
[No. 5A] they have arisen, or shall arise.
Whereas, the Tryal of Facts in the Neighbourhood where they

Liber H. S.
No. I

arise, is the greatest Security of the Lives, Liberties, Fortunes, and
Estates of the Subjects, most agreeable to the British Constitution,
and a very great Ease to all Persons concerned; and that the Increase
of Business in the Provincial Court, renders the Decision of Causes
there, without very great Delay and Expence, impracticable :

[Preamble.]

Be it therefore Enacted by the Right Honourable the Lord Pro-
prietary, by and with the Advice and Consent of his Lordship's Gov-
ernor, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That Two Justices of the Provincial Court,
on each Side of the Bay (such as the Governor or Commander in
Chief, for the Time being, shall think fit to appoint), shall be Jus-
tices of Assize, Nisi prius, and Justices of Oyer and Terminer and
Goal Delivery; and that the said Two Justices, or either of them
(in Case of Sickness or other Inability) , shall and may, at the respec-
tive Times in this Act mentioned, hear and try all Matters of Fact,
in all Actions real, personal, and mixt, and all Actions popular, for
the Breach of any Law, that is now depending, or that shall be com-
menced in the Provincial Court, in the several Counties where the
Facts have arisen or shall arise, except in such Causes where it shall
appear that Justice cannot, in all Probability, be so equally admin-
istred to the Parties as if Tryal should be appointed in some other
Place, as fully and amply as any Justices of Assize and Nisi prius
in England used, or by Law ought, or may try, hear, and determine ;
and that all Treasons, Murders, Felonies, and other Crimes, Offences,
and Misdemeanours, of what Nature or Quality soever, that have
been, or by Law might be tried in the Provincial Court, shall be
heard, tried, and determined, by the said Justices in the several
Counties where they shall be committed, 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.

[Two Prov-
incial Jus-
tices, on
each Side of
the Bay, to
hear and de-
termine all
Matters of
Fact, &c. in
the several
Counties.]

p. 7

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
Cognizance, as they have heretofore done; any Thing in this Act to
the contrary notwithstanding.

[Jurisdiction
of the
County
Courts.]

And be it Enacted, That Two of the Provincial Justices to be
appointed 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 First Tuesdays in
April and September yearly; at Annapolis, for Anne-Arundel County,

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