78 Assembly Proceedings, May 9-27, 1766.

Liber H. S.
No. 1

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 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
tryed Provided always that if any Cause Shall be brought to Tryal
before the Jury in any other 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 law full 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 tryed And

[Sheriffs to
be fined for
neglecting to
return proper
Persons for
Jurors]
p. 605

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

[Judges
Allowance]

And be it Enacted that each Justice of Assize Shall be allowed by
the Publick Seven Thousand Pounds of Tobacco to be paid in the
Counties respectively where they reside for every Circuit and no
more

[Justices im-
powered to
make Rules
and Orders]

And be it Enacted that it Shall and may be law full 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 and penalties upon Such as Shall Transgress 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

[Special
Verdicts]

And be it Enacted by the Authority advice and consent aforesaid
That the Justices of Assize nisi Prius and Goal Delivery Shall in
all civil Cases to be tried before them Where any Person concerned
Shall desire the same allow and direct Special Verdicts to be found

[Bills of
Exception
allowable]

And be it further Enacted 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

[Where the
Justices are
doubtful,
Judgment to
be referr'd
to the
Provincial
Court]

of Exception and that in all Cases where Bills of Exception are
allowed no Judgment Shall 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 Enacted that where any general verdict Shall
be found in any Criminal Case against any Person before the said