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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 416   View pdf image
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416 Appendix.

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

the worship of God, and a partaker of his holy sacrament: he has
taken all oaths required by act of Parliament to his Sovereign on the
throne. This, I hope, will, nay, must wipe off all aspersions of the
Querist, as they are the greatest tests of his being, in all conformity,
a member of the church of England, and a true liege subject of his
Majesty on the throne.

p. 18

The Querist continues; "In the arrangement of the Judicial pow-
ers of this government, the following queries are humbly submitted,
as instances of the excellency of a constitution so much boasted
of by the friends of the Proprietor.

Query loth. "Do not the courts of justice in Maryland consist
of the County Court, the Provincial Court, the Court of Chancery,
and the Court of Appeals ?''
Answer. The courts of justice in Maryland, I am informed,
are, the County Court, held four times a year in each county; the
Provincial, or Superior Court, held twice a year at Annapolis; the
Court of Chancery, held four times a year; and the Court of Ap-
peals, which meets three times a year.

Query nth. "Is not the Court of Appeals a court of common
law, and a court of equity?"

Answer. The Court of Appeals is established by act of Assembly,
and receives appeals both from the Provincial Court, and the
Court of Chancery.

Query 12th. "Are not appeals made from the County Court to
the Provincial, and from the Provincial and Chancery Courts, to
the Court of Appeals ?"

p. ig

Answer. Appeals are made from the County Courts to the
Provincial, and from the Provincial and Chancery Courts to the
Court of Appeals, though not often.
Query 13th. "Are not the judges of the County Courts appointed
by the Proprietor's delegate the Governor, and are they not dis-
missible by him at pleasure ?"
Answer. The judges of the County Courts are the Justices of
Peace, appointed by the Lieutenant-governor out of the principal
gentlemen in each county, who are willing to act: for as it is a
very troublesome office, many gentlemen decline it: they are dis-
missible at pleasure, as are all Justices of Peace in the King's
dominions; but as there are from ten to twenty of them in a county,
few of them very fond of the office; all of them desirous to stand
well with their neighbours, and not a few of them members of the
Lower House; there is not (as I conceive) the least room for a
suspicioin of the County Court's being under the Proprietor's influ-
ence; and they are under the obligation of an oath, to pay no regard,
in the distribution of justice, to any orders, letters, or influence what-
ever: if they were inclined to violate it, or to favour the Proprietor



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 416   View pdf image
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