Acts. 75

No. 5 An Act for Tryal of all Matters of Fact in the Several Counties
Where they have Arisen or Shall Arise
Whereas the Tryal of Facts in the Neighbourhood Where they
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.

Liber H. S.
No. 1
p. 602
[Preamble]

Be it therefore Enacted by the Right Honourable the Lord Pro-
prietary by and with the Advice and Consent of his Lordships
Governor and the Upper and Lower houses of Assembly and the
Authority of the Same That any two Justices of the Provincial
Court (Such as the Governor or Commander in Chief for the time
being Shall think fit to Appoint) Shall be Justices of Assize nisi
Prius and Justices of Oyer and Terminer and Goal Delivery on each
Side of the Bay and that the said two Justices or one of them
In case of Sickness or other Inability of the Other Shall and may
at the respective 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 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 Ad-
ministered to the Parties as if Tryal Should be Appointed in Some
other Place as fully and Amply as any Justices of Assize & 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
Countys 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 Pro-
vincial Jus-
tices, on
each Side of
the Bay, to
hear and de-
termine all
Matters of
Fact, &c. in
the several
Counties]

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 Cog-
nizance as they have heretofore done any thing in the Act to the
Contrary Notwithstanding

[Jurisdiction
of the
County
Courts]

And be it Enacted that two of the Provincial Justices to be Ap-
pointed as aforesaid to Serve on the Western Shore or one of them
in Case of the others Sickness or Inability Shall Yearly meet and
hold their Courts at Baltimore County Court House on the first
Tuesdays of April and September at Annapolis for Ann Arundel
County the Mondays after the said first Tuesdays At Calvert County

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