BENJAMIN OGLE, ESQUIRE, GOVERNOR.
NOVEMBER. 1799.
son presented or indicted for want of security; and any two of the said
justices may adjourn the said
court to any time they may think proper.
V. AND BE IT ENACTED, That the sheriff of the said county for the time
being shall summon
forty-eight good and lawful men of his county, six days before the
day appointed for the holding of
the said court, as grand and petit jurors, and shall return a pannel
of them accordingly; and every
person who shall be summoned, and shall neglect or refuse to appear
at the day, and make default,
shall be fined by the said justices not exceeding ten pounds current
money, to be applied as aforesaid;
and every grand and petit juror shall have an allowance of one dollar
and thirty-three cents for every
day's attendance, to be assessed and collected with the county assessment.
VI. AND BE IT ENACTED, That all commitments and recognizances for all
felonies, and other
crimes, offences and misdemeanors, committed in the said county, and
triable in virtue of this act
before the said justices, shall be returned from time to time by any
justice of the peace of the said
county taking such recognizance before the justices aforesaid, and
any justice taking such recogni-
zance shall lodge the same with the clerk of the said court on the
day next before the day appointed
for the holding of the said court, and the offenders and witnesses
bound in such recognizance shall
be obliged to appear by virtue and according to the condition thereof.
VII. AND BE IT ENACTED, That any person summoned as a witness to attend
the said court, and
making default, shall be fined by the justices aforesaid, in their
discretion, not exceeding ten pounds
current money, to be applied as aforesaid, and on default of any witness,
the said justices may award
process of attachment, and by virtue thereof the sheriff of the said
county shall be obliged to have
the body of such witness, and may compel his attendance, before the
same justices.
VIII. AND BE IT ENACTED, That it shall and may be lawful for the said
justices to allow to
every person legally summoned to give evidence before them one dollar
for every day's attendance,
and if such witness resides out of the said county, the said justices
may allow him for so many days
itinerant charges as they shall think reasonable, at the rate of five
shillings per day, and the same
shall be paid in the same manner as allowances to witnesses in criminal
cases are or shall be by law
directed to be paid.
IX. AND BE IT ENACTED, That from and after the passage of this act,
the trial and cognizance
of all criminal offences, and other matters arising within the county
and city of Baltimore, which
heretofore held, exercised and cognizable, by the court o foyer and
terminer and gaol delivery
for Baltimore county, in virtue of an act of assembly passed at November
session, seventeen hundred
and ninety-three, * entitled, An act respecting the punishment of criminals,
shall be inquired into,
heard, tried and determined, by the court by this act constituted,
after the same shall take effect;
provided always, that nothing herein contained shall be construed to
lessen or impair the jurisdiction
of the general court in any criminal matter wherein the said jurisdiction
is concurrent with that of
the county courts in this state.
X. AND BE IT ENACTED, That the said chief justices shall receive, as
a compensation for his ser-
vices, at the rate of three hundred pounds current money per annum,
on condition he shall reside in
the city or precincts of Baltimore; and in case the said chief justice
shall not reside in the said city
or precincts, then and in that case he shall only be entitled to receive
at the rate of two hundred
pounds current money per annum; and the said associate justices shall
each of them receive the sum of
twenty shillings per diem for every day they shall attend in the courts
respectively; and the compen-
sation to the said chief justices and his associates as aforesaid shall
be levied and paid as heretofore in
the manner prescribed by the act of assembly, entitled, An act respecting
the punishment of crimi-
nals, passed at November session, seventeen hundred and ninety-three.
*
XI. AND BE IT ENACTED, That all expences incurred in the execution of
this act shall be a com-
mon charge on the city and county of Baltimore, and levied as heretofore
by the justices of the levy
court of said county.
XII. AND BE IT ENACTED, That all and singular the clauses, sections
and provisions, contained
in the act passed at November session, seventeen hundred and ninety-three,
entitled, An act respect-
ing the punishment of criminals, except such as shall herein after
be repealed, and such as are incon-
sistent with this act, and except also such part hereof as are repealed
by the operation of an act of
assembly passed at November session, seventeen hundred and ninety-six,
* entitled, An act to erect
Baltimore- |
CHAP.
LVIII.
Jurors to be
summoned, &c.
Commitments,
&c. to be re-
turned, &c.
Fine on wit-
nesses for de-
fault, &c.
Their allow-
ance.
Offences may
be inquired in-
to, &c.
* Chapter 57.
Compensation
to chief justice,
&c.
* Chapter 57.
To be a com-
mon charge.
Clauses, &c.
continued, &c.
* Chapter 63.
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