| 1788.
CHAP.
XI.
Causes, &c.
how to be
tried. |
LAWS of MARYLAND.
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
whatever, now depending in Baltimore county criminal court, shall be
heard, tried and determined, before the justices appointed and commissioned
in
virtue of this act. |
Times of
holding
courts to be
expressed,
&c. |
IV. And be it
enacted, That the times of holding the courts by the said justices
shall be expressed in their commission, and any one of the said justices
shall
have power to adjourn the said courts from day to day; and 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. |
Sheriff shall
summon
jurors, &c. |
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 if the said sheriff shall
neglect
to summon and return the best and most capable men in his county for grand
and
petit jurymen, he shall, for every such neglect, be fined by the said
justices a
sum not exceeding one hundred pounds current money, to be applied towards
defraying the county charge; and every person who shall be so 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 five shillings
current money for every day's attendance, to be laid and collected with
the
county assessment; and each of the said justices shall be allowed ten shillings
current money for every day's attendance, to be laid and collected as aforesaid. |
Commitments,
&c.
shall be returned,
&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 by law in the criminal county court of said county, shall be
returned
by the justice taking such recognizance before the justices aforesaid,
and shall be
lodged by the said justice with the clerk of the said court 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. |
Penalty on
witnesses not
attending,
&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 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. |
Allowance to
be made to
witnesses, &c. |
VIII. And be
it enacted, That it shall and may be lawful for the said justices
to allow every person legally summoned to give evidence before them five
shillings
current money for every day's attendance; and if such witness resides
out
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
current money
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. |
Justices may
pass judgment,
&c. |
IX. And be it
enacted, That the said justices may pass such judgment as the
law required for the crimes committed, or they may, in their discretion,
adjudge
any person convicted before them for petty larceny, any clergyable
offence or
burglary, breaking open and stealing in any dwelling-house in the day time,
or
breaking open and stealing by day or night in any store-house, warehouse,
or
other out-house, or robbery on the highway, or in any dwelling-house, or
horse-stealing,
or an assault with an intent to rob, murder, or commit a rape, or
breaking a dwelling-house in the day time with intent to commit a felony
therein, |
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