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Bacon's Laws of Maryland
Volume 75, Page 656   View pdf image (33K)
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I    N    D    E    X.

 
COUNTY COURTS.

        Dorchester,            the Second
        Cæcil,
        Anne-Arundel,
        Charles,                                       
Tuesday in March,
        Kent,                       
the Third            June, Aug. and
        Calvert,                                                Novemb.  1715,
        Somerset,                                             ch. 14, §. 2.
       
Frederick,
        Queen Anne's       
the Fourth
        Prince George's    
           
1748, ch. 15.
    2.  Any Two Justices (One whereof to be of the
Quorum) are impowered, when Need shall require,
to adjourn the County Court.  Ibid.  §. 2.  (But see
the following Article.
)
    3.  Doubts having arisen on the last recited Act, for
Prevention thereof for the Future, it is Enacted, that
any Two County Justices, (One whereof to be of the
Quorum) in Case of Necessity, to prevent the Discontinuance
of the Court, and for no other Purpose whatsoever,
may Call such County Court on the Day to
which it shall have been Adjourned; and, for the same
Reason, and no other, may adjourn the same to any
Time not subsequent to the Day appointed by the Act
of 1715, ch. 14, for the Meeting of the Court in
Course.  But no Business, other than such Calling and
Adjourning, shall be transacted; unless such Number
of Magistrates, and so qualified as is directed by the
Commission of the Peace for the County, shall meet at
the Court so called.  1756, ch. 6, §. 6 and 7.
    4.  All former Process and Proceedings of County
Courts are declared to be valid, notwithstanding any
Discontinuance by miscalling or misadjourning under
the Act of 1715. Ibid.  §. 8.
    5.  The Commissioners of the several County Courts
are impowered (on Examination had before them of
the Public Charges of their respective Counties) to levy
Tobacco for the Payment of the several County
Charges, and the Sheriff's Salary for collecting thereof,
by an equal Assessment of the Taxable Persons of the
said several Counties.  1704, ch. 34, §. 1.
    6.  It is declared and enacted, that the Words, Public
Charges of their respective Counties
, in the preceding
Article, shall not be construed to extend to any other
Purposes than the ordinary, usual, and necessary Charges,
annually arising in their several Counties.  1748,
ch. 20, §. 1, 2.
    7.  The Justices of the several County Courts may,
as often as Occasion shall require, levy on the Taxable
Inhabitants, within their said several Counties, any
Quantity not exceeding 10,000 lb Tobacco, at any One
Time, for the full and compleat repairing of any One
Court House; and not exceeding 6000 lb Tobacco, for
the full and necessary Repairs, for any One County
Prison; and not exceeding 8000 lb Tobacco, for the
full and compleat Repairing of any One Bridge; and
not exceeding 20,000 lb Tobacco for erecting and building
any One New Bridge in any One County.  But,
where any larger Sums are adjudged necessary for any
the Purposes aforesaid, the County Justices shall not
levy the same without Leave of the General Assembly,
Ibid.  §. 3.
    8.  The Justices are required, on Application to them
made by the Vestry-men and Church-wardens of any
Parish, yearly, to assess any Quantity, not exceeding
10 lb Tobacco, per Poll, on the Taxable Inhabitants
of such Parish.  1729, ch. 7, §. 2.
    9.  The Justices shall ascertain, in their Records,
once every Year, what are the public Roads of their
respective Counties, and appoint Overseers of the same;
and shall give in Charge, from Time to Time, to the
Overseers so appointed, the Rules and Methods for
clearing and marking of Roads prescribed in this Act.
1704, ch. 21, §. 3, 5, 6.
    10.  The Justices shall appoint Constables in each
Hundred of their respective Counties at the first
County Court held next after Michaelmas yearly.
1715, ch. 15, §. 1.

COUNTY COURTS.

    11. County Courts have Power to admit or suspend
Attorneys, salvo Jure Coronæ.  1715, ch. 48, §. 12.
    12.  The Justices shall procure the English Statutes,
&c. for the Use of their respective Courts.  1715,
ch. 41, §. 1.
    13.  The Justices may make Rules and Orders for
the well governing and regulating their Courts, &c.
under a Penalty not exceeding 500 lb Tobacco, for any
One Offence; to be applied for the Support of Government.
Ibid.  §. 2.
    14.  Commissioners of the County Courts shall be
allowed 80 lb Tobacco per Day, during the Time they
attend such Courts, to be levied by the Court on the
Taxable Persons of their several Counties.  1716,
ch. 11, §. 9.
    15.  County Courts may hold Plea, and give Judgment
of Specialties, (notwithstanding the Limitation
in their Commission) whose Principal or Penal Sum
exceeds 100 l. Sterling, or 30,000 lb Tobacco; wherein
the Balance due thereon is not above 20 l. Sterling,
or 5000 lb Tobacco, nor under 200 lb Tobacco, or
16 s. 8 d. Current Money.  1714, ch. 4, §. 5.  (But
see the following Article.
)
    16.  No County Court shall hold Plea of any Debt
or Damage, which shall not exceed 600 lb Tobacco,
or 50 s.  Current Money. 1763, ch. 21, §. 6.
    17.  No Person shall have Appeal from the County
Court to the Provincial, where the Debt or Damage
recovered, do not amount to 6 l. Sterling or 1200 lb
Tobacco.  1713, ch. 4, §. 3.
    18.  Bonds, for Payment of Bills of Exchange, shall
not be sued in any other than the County Court, unless
the Sum due amount to 20 l. Sterling.  1714, ch. 4,
§. 4.
    19.  In Actions, not exceeding 20 Sterling, or
5000 Tobacco, the County Court, at the Prayer of
either Party, either before or after Judgment or Verdict,
may hear and determine the same, according to
Equity and Conscience, as amply as the Chancellor,
&c.  But this shall not limit or restrain the Jurisdiction
of the High Court of Chancery.  1763, ch. 22,
§. 5, 6.
    20.  County Courts are impowered to hold Plea of,
adjudge and determine all Thieving and Stealing
of Goods or Chattels, under the Value of 100 lb Tobacco,
(Robbery, Burglary, and House-breaking, excepted.)
But cannot try a Person once convict thereof,
and presented again for Stealing above the Value of
Twelve Pence, but such person shall be tried in the Provincial

Court.  1715, ch. 26, §. 1, 3.  See Thieving,
per Tot.
    21.  County Courts are impowered, on Petition, to
determine, in a summary Way, all private and personal
Controversies between Inhabitants and Indians,

wherein the Value shall exceed 20 s. Sterling.  But an
Appeal lies to the Provincial Court.  1756, ch. 9,
§. 2, 6.
    22.  County Courts, upon Petition, may determine,
in a summary Way, all Complaints against Persons
holding Indians Lands, and refusing to pay the Rents,
&c.  Ibid.  §. 2, 3.  See Indians Lands, 15-18.
    23.  The Justices are impowered to ascertain and regulate
the disputable Bounds of any Parish within their
County.  1713, ch. 10.  See Parish Bounds, per Tot.
    24.  Where Owners neglect to provide necessary
Food and Clothing for their old, or disabled Slaves, or
suffer any of their Slaves to wander about begging, so
as to become troublesome to others, the Court, on
Presentment of the Grand Jury, may cause such
Owners, to enter into Recognizance, &c. to provide,
&c. for such Slaves.  And the Court shall give this
Act in Charge to the Grand Jury, at March Court,

yearly, to enquire into any Breaches thereof.  1752,
ch. 1, §. 2, 7.  See Manumission of Slaves, 3, 5.
    25.  The Court shall dispose of the Times of Servitude
of White Women having Mulatto Children, 
Free Negroes begetting such Children, White Men begetting
Negro Women with Child, and the Mulatto



 
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Bacon's Laws of Maryland
Volume 75, Page 656   View pdf image (33K)
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