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Session Laws, 1799
Volume 100, Page 37   View pdf image (33K)
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CHAP. 
LVII.
 
 

Commissioners
allowance.
 
 

Passed 3d of
Jan. 1800.
 

Governor to is-
sue a commis-
sion, &c.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Causes, &c. to
be heard, &c.
 

* Chapter 65.
 

Times for hold-
ing courts, &c.
 
 
 
 
 

One justice may
call court, &c.

1799.   NOVEMBER.           LAWS OF MARYLAND.

person through whose land the said road may pass be first had and obtained, under the hand of every
such person, and returned to the levy court aforesaid; and provided also, that nothing herein con-
tained shall in any manner authorise the said commissioners to lay out the said road through the 
land of any infant, or person non compos mentis.

IV. AND BE IT ENACTED, That the commissioners appointed in virtue of this act shall be entitled
ao an allowance of two dollars for every day they shall severally attend in discharge of the duties
herein imposed.

                                CHAP. LVIII.
An ACT to provide for the administration of justice in cases of crimes
   and misdemeanors in the city and county of Baltimore.   Lib. JG.
   No. 3. fol. 304.

BE IT ENACTED, by the General Assembly of Maryland, That the governor, with the advice and con-
sent of the council, be authorised and requested to issue a commission of oyer and terminer and
gaol delivery for the trial of all felonies and other crimes, offences and misdemeanors, at any time
heretofore committed, or that hereafter may be committed, during the continuance of this act, in
Baltimore county and city, and not particularly by law directed to be tried in the general court, to
one person of integrity, experience, and sound legal knowledge, who shall be styled in the commission.
Chief Justice of the Court of Oyer and Terminer and Gaol Delivery for Baltimore County, and to
two other persons of integrity, experience and knowlege, who shall be styled in the commission.
Associate Justices of the said court; and the said chief justice and associate justices shall hold their
commission during good behaviour, and may be removed for misbehaviour in the same manner as the
chancellor or the judges of the general court may be removed agreeably to the constitution of this
state, and not otherwise; and after issuing such commission, all crimes, offences and misdemeanors,
committed, or that may hereafter be committed, during the continuance of this act, in Baltimore
county or city, and not particularly directed by law to be tried in the general court, shall be tried,
heard and determined, before the said three persons, or any two or more of them, in court sitting;
and each of the said persons shall be and is hereby constituted a justice of the peace, and shall have
jurisdiction as such within the said county and city in all criminal cases, during the time he shall be 
in commission; and in case of death, resignation, or removal out of the said county, of any of the said
associate justices, a new commission shall issue to fill up the place of the person who shall die, resign,
or remove out of the said county; and no indictment found before the said justices shall be removed
to the general court at the instance of the party prosecuted, without the leave of the said justices, or
the special order of the general court, or some one of the judges thereof.

II. AND BE IT ENACTED, That on the commencement of this act, all causes, pleas, process and
proceedings, relative to the trial of all felonies, and other crimes, offences and misdemeanors what-
ever, depending in Baltimore city court, and Baltimore county court, at the expiration of the act,
entitled, An act respecting the criminal business of the city and county of Baltimore, passed at
November session, seventeen hundred and ninety-eight, * shall be heard, tried and determined, before
the justices appointed and commissioned in virtue of this act.

III. AND BE IT ENACTED, That the times of holding the courts by the said justices shall be ex-
pressed in their commission; and the said courts, during the continuance of this act, shall be held on
the second Monday in January, on the first Monday in March and August, and on the third Monday
of November, of every year; and the clerk of Baltimore county court for the time being shall be
the clerk of the said court, and shall make all entries, and transact all the business of the said court,
in the same manner as he is now by law obliged to transact the business of the county court of the 
said county, and the Baltimore city court.

IV. AND BE IT ENACTED, That any one of the said justices shall have power to call and hold
the said courts, and to adjourn the same from day to day, and one of the said justices, in court sitting,
may empannel and charge the grand jury, and direct process to issue on any presentment or indict-
ment found in the said court, or on any petition or complaint exhibited to the said court, and he may
direct subpoenas to issue for witnesses to attend the said court, or attachments of contempt to issue
against witnesses or jurors for non-attendance, and he may direct any witnesses to be sworn to the
grand jury, and receive any presentment or indictment from the grand jury, and take recognizances
for the appearance of witnesses, or any person presented or indicted, and he may commit any per-
                                                                                                                                            son

 

 
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Session Laws, 1799
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