1790.
Passed December
21. |
LAWS of MARYLAND.
CHAP. L.
An ACT to limit the jurisdiction of the general court in criminal
cases. |
Power of the
judges limited,
&c. |
BE it enacted,
by the General Assembly of Maryland, That after the passage of
this act, the judges of the general court for the western or eastern
shore
respectively, shall not be capable to take cognizance of, or hold any jurisdiction
over, any offences, crimes or misdemeanors whatsoever, except treasons,
misprisons of treason, murders, felonies and insurrections; but all offences,
crimes
and misdemeanors, shall be heard and determine by the justices of the county
courts of the county wherein the said offences, crimes and misdemeanors,
shall
be committed, and not elsewhere, except in the cases herein before excepted. |
| Proviso. |
II. Provided
nevertheless, That on the application of any party, presented or
indicted for any offence in the county court, to the general court, or,
in vacation,
to one of the judges thereof, on a suggestion, supported by proper evidence,
that
a fair and impartial trial cannot be had in the court where any such prosecution
may be depending, it shall be lawful for the said general court, or judge,
to direct
the clerk of their court on the respective shore to issue a writ of certiorari
to
the justices of the county court wherein such person may be presented or
indicted,
for the removal of the prosecution depending against such person; and on
the
transmission thereof, and proceed to hear and determine the same; and
the recognizance
of the party presented or indicted, with security if required, shall be
taken by the said general court, or by the judge thereof, or by the county
court,
as the case may be, to enforce the appearance of such party before the
judges of
the said general court to answer the offence; and every such recognizance
shall be
certified by the court or judge taking the same to the judges of the said
general
court in due form of law; and in like manner, on any application made to
the
judges of the said general court, on the part of this state, on a suggestion
in
writing, supported by proper evidence, that a fair and impartial trial
cannot be
had in the county court where the prosecution mentioned in such suggestion
shall
be depending, it shall be lawful for the said judges to direct a writ
of certiorari to
the justices of the said county court for the removal of such prosecution;
and on
the transmission thereof, the judges of the said general court shall take
cognizance
thereof, and proceed to hear and determine the same; and the justices of
such
county court, on the allowance of such writ of certiorari, shall
cause the recognizance
of the defendant or defendants in such prosecution to be taken, with
security if necessary, to enforce his or their appearance before the judges
of the
said general court, to answer the offence; and every such recognizance
shall be
certified, and transmitted with the record. |
| Proviso. |
III. And provided
also, That nothing in this act contained shall restrain the
justices of the county courts from exercising the same jurisdiction in
all criminal
cases, as was by law established before the passage of this act; and that
the judges
of the general court shall not be prevented from punishing, by fine and
imprisonment,
all contempts in the non-attendance of jurymen or witnesses, and all
others committed in the presence or hearing of the court, as heretofore. |
Passed December
22. |
CHAP. LI.
An ACT for the speedy conveyance of public letters and packets,
and for other purposes. |
| Preamble. |
WHEREAS the laws heretofore made for the conveyance
of public letters
and packets have been found ineffectual, |
Clerks to furnish
a correct
copy, &c. |
II. Be it enacted,
by the General Assembly of Maryland, That the clerk of the
senate, and the clerk of the house of delegates, shall furnish the printer
of the
state for the time being with a correct copy of the votes and proceedings
of their
respective houses, and of the several laws and resolutions passed and assented
to
during the present or any future session of assembly, within the space
of thirty
days after the end of every such session, and shall take a receipt from
the printer |
|
 |
