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Bacon's Laws of Maryland
Volume 75, Page 705   View pdf image (33K)
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I    N    D    E    X.

 
SINGLE MAGISTRATE.

    4.  Any Provincial or County Magistrate, on Application
or Suspicion, may examine any of the Ship's
Crew touching their Knowledge of Convicts; and
such Examination or Deposition shall be good in Law
as if given in Court vivá voce. 1728, ch. 23, §. 11.
    5.  For the Duty of Single Magistrates with respect
to the View of Orphans Lands, &c. see Guardians,
16, 17.
    6.  Servants or Slaves, harbouring or entertaining
other Servants or Slaves (unlawfully absent) for one
Hour or more, are punishable, on Complaint to any
Single Magistrate, by Whipping, not exceeding Thirty-nine
Stripes.  1748, ch. 19, §. 4.
    7.  Fines on Persons for not appearing, or on Owners
of Servants for not sending their Servants on the 
Highways, when duly warned, shall be prosecuted
before a single County Magistrate.  See Highways, 9.
    8.  Any Justice of the Provincial or County Court,
may hear and determine all private and personal Controversies
between the English and Indians, not exceeding
the Value of 20 s. Sterling.  1717, ch. 14.

    9.  Inspectors shall annually take the Oath of Office
prescribed in this Section, before any County Justice;

which Oath shall be certified by such Justice to the
Vestry of the Parish, and entered upon the Parish Register
Book.  1763, ch. 18, §. 9.
    10.  Single Magistrates shall observe the Demeanour

of Persons before them, in the Execution of their Office,
and in Case of indecent Behaviour may inform
the Court, who are impowered to punish the Offenders.
See Magistrates, 2.
    11.  The Deed of Freedom to any Slave shall be acknowledged
before one County Magistrate.  See Manumission
of Slaves
, 4.
    12.  The Fine of 20 s. Current Money per Hour,
upon any Master of a Ship suffering Servants, &c. to
frequent their Ships, &c. or concealing them on board,
may be recovered, with Costs, in a summary Way

before a Single Magistrate.  See Masters of Ships, 5.
    13.  A Single Magistrate may Try any Slave charged
with Pilfering or Stealing, and on Proof thereof may 
award Punishment by Whipping, according to the
Nature of the Crime, not exceeding Forty Lashes.
1717, ch. 13, §. 6.
    14.  Any Negro or other Slave convicted before a
Single Magistrate of striking any White Person, such 
Magistrate may cause one of the offending Slave's Ears
to be cropped.  1723, ch. 15, §. 4.
    15.  Resisting Slaves being killed shall be immediately
valued by two reputable Persons, not of Kin of
the Owner, to be appointed and sworn (well and truly
to value what such Slave was worth to the best of their
Knowledge without Favour or Partiality) by the then
nearest Magistrate; and the whole Value certified by
them to such Magistrate shall be paid to the Owner,
or his Order, by the Treasurer of the respective Shore
on which such Death happened, out of the Public
Stock, on Certificate of such Death and Value by
such Magistrate.  1751, ch. 14, §. 9.
    16.  The Deed of Gift of any Slave, whereof the
Donor shall retain the Use and Possession, shall be
under Hand and Seal, and acknowledged before a Provincial
Justice, or one Justice of the County wherein
the Donee resides, &c.  See Negroes, 50.
    17.  On the Death, Removal, Sickness, &c. of any
Press-Master, the next Justice of the Peace shall appoint
another in his Place.  1715, ch. 43, §. 11.
    18.  Single Magistrates are impowered to administer

the Oaths to the Government, &c.  See Protestant Interest,
1, 4, 5, 6.
    19.  Deeds of Sale, &c. where the Goods or Chattels
remain in Possession of the Vendor, Mortgagor or
Donor, shall be acknowledged before one Provincial,
or one Magistrate of the County, &c.  See Secret
Sales,
1.
    20.  Where a Master thinks his Servant deserving of
more Correction than Ten Lashes, he may apply to a

SINGLE MAGISTRATE.

Magistrate, who may order the same, not exceeding
Thirty-nine Lashes.  1715, ch. 44, §. 22.
    21.  For the Power, Duty and Jurisdiction of a single
County Magistrate in the Case of Small Debts;
see Small Debts, per Tot.
    22.  One County Justice may take Special Bail on
Actions brought in the County Court .  See Special
Bail,
8.
    23.  Supersedeas of Judgment obtained before a Single
Magistrate in Case of Small Debts, may be taken
by the same or any other Justice, &c.  See Small
Debts,
4.
    24.  Single Magistrates shall take Account of the
Marks, &c. of Stray Horses brought before them, &c.
See Stray Horses, 1.
    25.  For the Duty and Power of Single Magistrates
with Regard to Running Tobacco; see Tobacco Run, 8.
   
26.  For their Duty, &c. with respect to Trashy 
Tobacco; see Tobacco Trashy, 1, 3.
    For other Matters, see Bears, 1, 2.  Boats, 3, 4.
        Constables
, 2.  Country Bottoms, 5, 6.  County
        Clerks,
4.  Cursing, &c. per Tot.  Deer, 1, 2.
        Harbourers of Servants and Slaves,
4.  Inclosures,
       
1.  Indians, 12.  Inspectors, 7, 17, 22,
       
35, 36, 46.  Inspectors Notes, 12.  Levies, 27.
        Militia,
12.  Public Arms, 10.  Quakers, 3.
        Red Foxes,
1.  Runaways, 2, 5, 7.  Squirrels,
       
per Tot.  Tobacco Inspected, 5.  Vestry, 5, 15.
        Warehouses,
6. Wolves, per Tot.
SIX NATIONS.  See Indians, 13.
SKINS.  See Hides.
SKIPPERS.  See Inspectors, 48.  Tobacco Inspected,
   
5, 6, 7, 9.
SLAVES.  See Negroes.  Manumission of Slaves.
SLAVES past LABOUR.  See Taxables, 2.
SLOOPS.  See Boats.

SMALL DEBTS.

    1.  Where the real Debt or Damage doth not exceed
600 lb Tobacco, or 50 Shillings Currency, any One
Justice of the County wherein the Debtor resides,
may try, &c. the Matter in Controversy, and (upon
full hearing of the Allegations and Evidence of both
Parties) give Judgment thereon according to the Equity

and Right of the Matter; and, if need be, charge
the Constable with the Body of the Debtor in Execution,
to be delivered to the Sheriff, with a Mittimus
from such Justice signifying the Debt and Cost, &c.
Or the same, or any other Justice of the County may,
within Twelve Months after Rendition of such Judgment,
award Execution thereon, by Warrant or Mittimus,
directed to the Sheriff, in the Nature of a Capias
ad Satisfaciendum, Fieri facias
, &c.  And in case of
Non est returned upon any such Justices Warrant, the

Creditor may proceed for obtaining an Attachment in
the County Court (according to the Act of 1715, ch.
40,) for any Sum exceeding 100 lb Tobacco, or 10 s.
Currency.  1763, ch. 21, §. 2.
    2.  The Defendant being brought in on Warrant,
and wanting Witnesses or Preparation, may be allowed
a farther Time, not exceeding Ten Days, to appear
and answer to the Warrant; giving Security, if
awarded by the Justice, by Way of Recognizance in
the Nature of Bail for his Appearance at the appointed
Time and Place, &c.  Or, in Default of
such Security, the Justice may commit such Defendant
to the Sheriff's Custody till Bail be given.
And the Defendant not appearing accordingly, Judgment
may be rendered against him on such Default, or

on an ex Parte Hearing, if the Justice sees no Cause
to the Contrary.  And if the principal Debtor shall
not discharge the Judgment, or render himself on Execution,
returnable at the end of Thirty Days from 
the issuing thereof, a Warrant may be issued, and Recovery
and Execution had against the Bail; saving to
such Bail the same Defence that Special Bail in Courts
of Law are entitled to on Return of scire facias, and



 
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Bacon's Laws of Maryland
Volume 75, Page 705   View pdf image (33K)
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