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278 Assembly Proceedings, Oct. 2-Nov. 17, 1753.
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Liber H. S.
No. I
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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 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
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p. 10
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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 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 aforesaid, for the Tryal of the Cause,
which shall be so brought on to be tried.
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[Sheriffs to
be fined for
neglecting
to return
proper Per-
sons for Jur-
ors.]
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And to the End that the Sheriffs may be obliged to discharge
their Duty in returning the best and most capable Freeholders to be
Jurymen, 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.
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[Judges Al-
lowance.]
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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.
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[Justices
empowered
to make
Rules and
Orders.]
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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 impose
reasonable Fines, Forfeitures, and Penalties, upon such as shall trans-
gress them. Provided always, That such Rules shall be agreeable 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.
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[Special
Verdicts.]
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And be it Enacted, by the Authority, Advice and Consent afore-
said, That the Justices of Assize, Nisi prius, and Goal Delivery, shall,
in all Civil Cases to be tried before them, where any Person con-
cerned shall desire the same, allow and direct special Verdicts to be
found.
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[Bills of
Exception
allowable.]
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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 prosecuted
shall desire the same, sign and allow Bills of Exception; and that in
all Cases where Bills of Exception are allowed, no Judgment shall
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