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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 279   View pdf image (33K)
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Acts. 279


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.
And be it further Enabled, That where any General Verdict shall

Liber H. S.
No. I

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 hindered from proceeding in
the Decision of Matters not determinable elsewhere (which the Time
allowed by Law for their Session is hardly sufficient to dispatch) , in
hearing petty Offences, triable in the County Courts ;

[Where the
Justices are
doubtful,
Judgment to
be referr'd
to the Pro-
vincial
Court.]
p. 11

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 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,
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

[Matters de-
terminable
in the
County
Courts
to be tried in
the County
Courts.]

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 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 pay any Fees or Charges, except what shall arise
in the Prosecution in the County Court; any Law, Usage, or Cus-
tom, to the contrary notwithstanding: Saving to all Persons accused
before the Justices of the County Courts, the Benefit of Writs of

[Sheriff of
Anne Arun-
del County
to return 24
Persons, out
of whom is
to be impan-
elled a
Jury.]



 
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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 279   View pdf image (33K)
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