344 PROCEEDINGS OF THE CONVENTION [1776.

to make any assessment on the taxable inhabitants of Caroline
County aforesaid in this present year, by virtue of the said act.

On motion of Mr. Johnson, Resolved, That the act of assem-
bly entitled, " an act for the more effectual preservation of the
breed of wild deer," passed in December session, 1773, be repeal-
ed, and that no prosecution be hereafter had commenced for any
breach committed of the said act, and that no prosecution already
begun for any breach of the said act be further prosecuted.

Mr. Turbut Wright has leave of absence.

On motion of Mr. Johnson, Resolved, That all justices of the
peace and other officers, who were such of Frederick county, shall
continue, and may exercise the same power and authority as if the
resolutions of this convention for dividing Frederick county into
three counties had not passed : and the justices of the county Court
of Fiederick, to be held in the month of November in this present
year, or by adjournment, shall have cognizance of, and may pro-
ceed to hear and determine, all causes, matters, and things, crimi-
nal and civil, although the same have arisen or shall arise in Wash-
ington or Montgomery county, in the same manner, and as fully, as
the same court might or could have done if the said resolutions had
never been made; and the justices aforesaid may appoint consta-
bles and overseers of the high-ways, as well in the said counties of
Washington and Montgomery, as in Frederick county.

That the county court for each of the said counties of Washing-
ton and Montgomery shall be first held, as for separate and distinct
counties, in the month of March next, and where any defendant
against whom any original writ or process shall, after the first day
of December next, issue, resides in Washington or Montgomery
county, the writ or process shall issue out of Frederick county
court, directed to the sheriff of the county where the defendant re-
sides, if such county shall then have a sheriff qualified to act in
that county separately, and if not, to the sheriff of Frederick coun-
ty, and shall be returnable and returned to the next March court to
be held for the county where the defendant resides.

That the justices of Frederick county court aforesaid, may at
their November court aforesaid, assess and levy on the taxable in-
habitants of Washington and Montgomery counties, separately
and respectively, such money or tobacco as the justices of the
same counties might respectively have assessed at their November
courts in this year, had the same been held.

On motion of Mr. Johnson, the question was put, That no poll
be taken to fix or ascertain the place for building a court-house
and prison in Montgomery county, until the expiration of twenty