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ROBERT EDEN, Esq; Governor.
they are hereby invested, fully and amply, with all the authority, power
and jurisdiction,
of any county court of this province, for the purposes aforesaid, and
may
adjourn the said court, and all process and proceedings therein depending,
from
day to day, or in such other manner as they, in their discretion, shall
think convenient;
and the sheriff of the said county, for the time being, his bailiffs
and deputies,
and all constables and other officers, and all other persons whatsoever,
shall
yield due obedience to all process, precepts and warrants, that shall
be issued by,
or returnable before, the said justices. |
1773.
CHAP.
XX. |
III. And be
it enacted, That all causes, pleas, process and proceedings, relative
to the trial of all felonies, and other crimes, offences and misdemeanors
whatsoever,
that shall be depending in the said county court, after the adjournment
of
the next November county court for the said county, shall be, and are,
by virtue of
this act, directed to be heard, tried and determined, before the justices
aforesaid,
any law, usage or custom, to the contrary notwithstanding. |
Causes, &c.
depending, to
be tried before
said justices. |
IV. And be it
enacted, That the county clerk of the said county, for the time
being, shall be the clerk of the said court, and shall make all entries,
and transact
all the other 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. |
County clerk
to be clerk of
said court. |
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 bailiwick, six days
before
the days appointed by this act for the holding of the said court, as grand
and petit
jurors, and shall return a pannel of them accordingly; and if the said
sheriff
shall neglect to summon and return the best and most capable men in his
bailiwick,
for grand and petit jurymen, he shall, for every such neglect, be fined,
by
the said justices, a sum not exceeding three thousand pounds of tobacco,
rating tobacco
at ten shillings per hundred, to be applied towards defraying the charge
of
the said county: And every person who shall be so summoned, and shall
neglect
or refuse to appear at the day, but make default, shall be fined, by the
said justices,
five hundred pounds of tobacco, to be rated and applied as aforesaid; and
every grand and petit juror shall have an allowance of twenty-four pounds
of tobacco,
for every day's attendance, to be assessed in the county levy; and each
of
the said justices shall be allowed sixty-four pounds of tobacco, for every
day's attendance,
to be assessed in the county levy. |
Sheriff to
summon jurors,
&c. |
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 law in the county court of the said county, shall be returned
by the
magistrate taking such recognizance, before the justices aforesaid, and
shall be
lodged by the said justice with the clerk of the said county, on the day
before the
day appointed for the holding of the said court; and the offenders and
witnesses
shall be obliged to appear, by virtue of such recognizances, accordingly. |
Commitments,
&c.
when to be
returned, &c. |
VII. And be
it enacted, That every person, summoned as a witness to attend
the said court, and making default, shall be fined, by the justices aforesaid,
in their
discretion, a sum not exceeding one thousand pounds of tobacco, to be rated
and
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. |
Penalty on
witnesses
making default. |
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,
twenty-four
pounds of tobacco 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 forty pounds of
tobacco per
day; and the same shall be paid in the same manner as allowances to witnesses
in
criminal cases are by law directed to be paid. |
Allowance to
witnesses. |
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