WILLIAM SMALLWOOD, Esq; Governor.
against any citizen of Virginia,, shall be tried in the court of the
commonwealth of Virginia which hath legal cognizance of such offences.
All piracies, crimes and offences, committed on the said parts of Chesapeake
Bay, and Pocomoke river, by persons not citizens of either state,
against persons not citizens of either state, shall be tried in the court
of
the commonwealth of Virginia having legal cognizance of such offences.
And all piracies, crimes and offences, committed on the said parts of
Chesapeake bay and Pocomoke river, by any citizen of the commonwealth
of Virginia, or of the state of Maryland, either against the other,
shall be tried in the court of that state of which the offender is a citizen.
The jurisdiction of each state over the river Patowmack shall be exercised
in the same manner as is prescribed for the before-mentioned parts of Chesapeake
bay and Pocomoke river in every respect, except in the case of
piracies, crimes and offences, committed by persons not citizens of either
state, upon persons not citizens of either state, in which case the
offenders
shall be tried by the court of the state to which they shall first be
brought; and if the inhabitants of either state shall commit any violence,
injury or trespass, to or upon the property or lands of the other, adjacent
to the said bay or rivers, or to any person upon such lands, upon proof
of due notice to the offender to appear and answer, any court of record,
or civil magistrate, of the state where the offence shall have been committed,
having jurisdiction thereof, may enter the appearance of such
person, and proceed to trial and judgment in the same manner as if legal
process had been served on such offender; and such judgment shall be
valid and effectual against the person and property of such offender, both
in the state where the offender shall have been committed, and also in
the state where the said offender may reside, and execution may be issued
by the court, or magistrate, giving such judgment, in the same manner
as upon judgments given in other cases; or upon a transcript of such
judgment properly authenticated, being produced to any court or magistrate
of the state where such offender may reside, having jurisdiction
within the state, or county where the offender may reside, in cases of
a
similar nature, such court or magistrate shall order execution to issue
upon such authenticated judgment, in the same manner and to the same
extent, as if the judgment had been given by the court or magistrate to
which such transcript shall be exhibited. Eleventh, any vessel entering
in any port on the river Patowmack, may be libelled or attached for
debt by process from the state in which such vessel entered; and if the
commercial regulations of either state shall be violated by any person
carrying on commerce in Patowmack or Pocomoke rivers, the vessel
owned or commanded by the person so offending, and the property on
board, may be seized by process from the state whose laws are offended,
in order for trial; and if any person shall fly from justice in a civil
or
criminal case, or shall attempt to defraud creditors, by removing his
property, such person, or any property so removed, may be taken on any
part of Chesapeake bay, or the rivers aforesaid, by process of the state
from which such person shall fly, or property be removed; and process
from the state of Virginia may be served on any part of the said rivers
upon any person, or property of any person, not a citizen of Maryland,
indebted to any citizen of Virginia, or charged with injury having been
by him committed; and process from the state of Maryland may be
served on any part of the said rivers upon any person, or property of any
person, not a citizen of Virginia, indebted to a citizen of Maryland, or
charged with injury having been by him committed. And in all cases
of
trial in pursuance of the jurisdiction settled by this compact, citizens
of
either state shall attend as witnesses in the other, upon a summons from
any court or magistrate having jurisdiction, being served by a proper office
of the county where such citizen shall reside. Twelfth, The citizens
of either state having lands in the other, shall have full liberty to |
1785.
CHAP.
I. |