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JOHN EAGER HOWARD, Esquire, Governor.
VII. And be it
enacted, That all commitments and recognizances for all felonies,
crimes, offences of misdemeanors, committed in the several counties,
and
triable by law in the county courts, shall be returned to the justices
appointed in
virtue of this act, by the justice making such commitment, or taking
such recognizance,
on the first day of holding the county court of their county; and all
sheriffs, clerks, and all other civil officers, shall execute and perform
the same
offices and duties, under the same penalties, as they are now obliged
by law to perform
and execute them under in the county courts as now established. |
1790.
CHAP.
XXXIII.
Commitments,
&c.
to be returned,
&c. |
VIII. And be
it enacted, That no action, to be commenced in any county court
appointed in virtue of this act, shall continue longer than the end
of the first court
after the imparlance court, unless such cause as the law may allow
for the continuance
of suits beyond the time limited shall appear to the satisfaction of
the court. |
How long actions
shall
continue. |
IX. And be it
enacted, That after the commencement of this act, no commission
shall issue to any person, except to the said several chief justices
and associate
justices, to be a justice of any county court, but only to be a justice
of the
peace of such county; and upon the issuing of any commission, the justices
appointed
therein shall assemble as soon as convenient at the court-house of
their
county, and qualify as heretofore, but f any of the persons appointed
are absent
at the time of meeting, they may qualify at any time before any one
of them who
have before qualified; ad every person appointed a justice of the peace,
as such
shall have the same power and jurisdiction as any justice of any county
court now
hath by law out of court; and the justices of the peace appointed for
any county,
and any three or more of them, shall meet at the court-house of their
county
at the time appointed by law for laying their county assessment, and
they are
hereby required then and there to lay the assessment of their county
as heretofore,
and the clerk of their county shall attend them for that purpose; and
the said
justices of the peace shall and they are hereby required to perform
and execute in
their respective counties, all the duties and offices committed to
the county courts
by the law for the inspection of tobacco; and each of the said justices
of the
peace shall have and receive at the rate of ten shillings a day while
attending on
the public service aforesaid, to be assessed in their county assessment. |
No commission
to issue
except to
chief justices,
&c. |
X. And be it
enacted, That every justice appointed and commissioned in virtue
of this act, shall, before he acts as such, take the oaths of fidelity
and
support
to this state as required by the constitution and laws thereof, provided
he hath
not before taken the same, and also the oath of justice as required
by the act
of February session, seventeen hundred and seventy-seven. |
Justices to
take the oaths,
&c. |
XI. And be it
enacted, If the chief justice of any county court, appointed
and commissioned in virtue of this act, shall refuse to act, or after
acceptance
shall resign, die, remove out of his district, or be rendered incapable
to act, or
if any associate justice, appointed and commissioned in virtue of this
act, shall
refuse to act, or after acceptance shall resign, die, be rendered incapable
to act, or
remove out of the county, the governor for the time being, with the
advice and
consent of the council, are hereby authorised and requested to appoint
and commission
another fit and proper person to fill such vacancy. |
How vacancies
are to be
filled. |
XII. And be
it enacted, That every chief justice of any county court, appointed
and commissioned in virtue of this act, shall have, within the district
for which he
shall be appointed, all the powers and jurisdiction of a justice of
the peace, except
only as to the hearing and determining in the case of small debts out
of
court; and every associate justice, appointed and commissioned in virtue
of this
act, shall have, within the county for which he shall be appointed,
all the powers
and jurisdiction of a justice of the peace out of court. |
Chief justice
to have all the
powers, &c. |
XIII. And be
it enacted, That the said chief justice, or either of the associate
justices, may, out of court, direct the clerk to enter judgments by
confession, or
non sum informatus, and such judgments shall be as legal and
valid as if entered
in court during its sitting. |
And may direct
judgements
to be
entered, &c. |
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