Acts. 79

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

Liber H. S.
No. 1

And to the End that the Justices of Assize nisi Prius Oyer and
Terminer and Goal Delivery may not be hindred from Proceeding
in the Decision of matters not Determined else Where (which the
time allowed by Law for their Session is hardly Sufficient to dis-
patch) in hearing Petty Offences triable in the County Courts Be it
Enacted that all Felonies Trespasses and other evil Deeds triable in
the County Court's 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 Lawfull for the Justices of the Provincial Court for the
Expediting the Causes to be tried before them to Order the Sheriff

[Matters
determinable
in the
County
Courts, to be
tried in the
County
Courts]

of Ann Arundel County immediately to Summon a compleat and
Sufficient number of Good and lawfull Men De Circumstantibus
and not less than Twenty four in Number to Serve as Jurors and
return a Pannell of them for the Trial of any Issues so to be had
and tried before the said Justices of the Provincial Court and that
they Shall be balloted 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 other 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
trial 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 Custom to the contrary notwithstanding
Saving to all Person's Accused before the Justices of the County
Courts the benefit of Writs of removals to and tryals in the Pro-
vincial Courts or before the Justices of Oyer and Terminer and
Goal Delivery

And Whereas by an Act for the Advancement of Justice it is
Provided and enacted that in all Actions to be commenced in the
Provincial Court for the recovery of any certain Sum of Money or
Tobacco Within the Jurdisdiction of that Court Wherein the Plain-

[Sheriff
of Anne
Arundel
County to
return 24
persons out
of whom
is to be im-
pannelled a
Jury]

p. 606