| 1789.
CHAP.
XLIII. |
LAWS of MARYLAND.
affirmation, for the discovery of his property, or any concealment thereof,
and
respecting his conduct touching the same, or the said justices may,
in their discretion,
direct an issue to be tried in the said court where the debtor resides,
to
determine the truth of any allegation made by such creditor, and if
such debtor
shall be found guilty of any wilful fraud or deceit of his creditors,
he shall for
ever be precluded from having any benefit of this act; and if any debtor
who
shall take the oath or affirmation by this act directed, shall, upon
indictment,
be convict of wilfully, falsely and corruptly, swearing or affirming
to any matter
or thing in such oath or affirmation contained, such person shall suffer
as in case
of wilful and corrupt perjury, and likewise be liable to his creditors,
and shall
have no relief by, or benefit of, this act. |
Passed December
25. |
CHAP. XLIV.
An ACT for the more effectual punishment of criminals. |
| Preamble. |
WHEREAS it is represented to this general assembly,
that the commission
of burglary, robbery, horse-stealing, and other crimes, hath
greatly increased in this state: |
Governor,
&c. to issue a
commission,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That the governor,
with the advice and consent of the council, be authorised and requested,
from
time to time, annually, during the continuance of this act, to issue a
commission
of oyer and terminer and gaol delivery, for the trial of all felonies,
or other
crimes, offences or misdemeanors, at any time heretofore committed, or
that
hereafter be committed, during the continuance of this act, in Baltimore
county, and not particularly by law directed to be tried in the general
court, to
five persons, residents of the same county for six months next before
their appointment;
and after the issuing such commission, all crimes, offences and misdemeanors,
committed, or that may hereafter be committed, during the continuance
of this act, in Baltimore county, and not particularly directed by law
to
be tried in the general court, shall be tried, heard and determined, before
the said
five persons, or any three or more of them, in court sitting, and not in
the county
court of the said county; 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, 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;
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. |
Causes, &c. to
be heard, &c. |
III. 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, whatever, then depending in Baltimore
county criminal court, in virtue of the act, entitled, An act for the more
effectual
punishment of criminals, shall be heard, tried and determined, before the
justices
appointed and commissioned in virtue of this act. |
Times of
holding the
court, &c. |
IV. And be it
enacted, That the times of holding the courts by the said
justices, shall be expressed in their commission; and the said courts,
during the
continuance of this act, shall be held on the second Tuesday in the months
of
January, March, August and November, of every year; and the county clerk
of
Baltimore county, 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. |
One justice
may call the
court, &c. |
V. And be it
enacted, That any one of the said justices shall have power to
call and hold the said court, and to adjourn the same from day to day;
and any
one of the said justices, in court sitting, may empannel and charge
the grand jury, |
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