1776.] OF THE PROVINCE OF MARYLAND. 155
court of admiralty, for the trial of such captures and seizures as
are or may be made pursuant to the late resolves of the continen-
tal congress on that subject, and brought into any port or district
within this province, and thereupon came to the following resolu-
tions, to wit:
Resolved, That a court of admiralty be established for the trial of
such captures and seizures, with full power to take cognizance of
all libels on account of such captures and seizures, and to pro-
ceed to a final determination and decree thereupon. Which
court shall consist of a judge to hear and determine, a regis-
ter to record the proceedings, and a marshal to call the said court
and execute the several processes thereof; the said judge be
nominated and commissioned by the convention, or in the re-
cess thereof, to be nominated and commissioned by the council of
safety for the time being; and the said register and marshal to be
nominated and appointed by the judge of the said court; the com-
mission of the said judge, and the nomination and appointment of
the said register and marshal, to be during the will and pleasure of
the convention for the time being; the process and form of pro-
ceeding to be as usual in the courts of admiralty: but if either
libellant or defendant, or any controverted material fact between
them, demand a trial of the said fact by a jury, in such case shall
order and direct the marshal to summon out of the neigborhood
where the court is held, a jury of freeholders to find and say the
truth of the said fact on oath, and upon the verdict of the said jury,
shall pronounce his decree accordingly : the final determination
and decree of the said judge to be subject to such appeal, and in
such manner, as recommended in the resolutions aforesaid of the
congress. The fees for proceedings in this court to be the same
with the fees heretofore allowed the court of admiralty by an act
passed in 1763, entitled, "An act for amending the staple of tobac-
co, &c." the said fees to be paid in money at the rate of 12s. 6d.
common money per hundred; and the allowances to juries and wit-
nesses to be the same as heretofore made to juries and witnesses in
the common law county courts of this province. This court to be
held at such place as the judge shall think convenient for the trial
of such captures and seizures as aie or shall be made as aforesaid.
William Hayward, Esq. was unanimously elected judge of the
gaid court of admiralty.
The committee for that purpose appointed, bring in a passport
for his excellency governor Eden, and a draught of a letter to the
committee of safety of Virginia, which was read and agreed to.
Adjourned till 3 o'clock.
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