1793.

LAWS of MARYLAND.

CHAP.
LVII.

Governor to
iffue a com-
miffion, &c.

II. Be it enacted, by the General Affembly of Maryland, That the governor,
with the advice and confent of the council, be authorifed and requefted to iffue
a commiffion of oyer and terminer and gaol delivery, for the trial of all felonies,
and other crimes, offences and mifdemeanors, at any time heretofore committed,
or that hereafter may be committed, during the continuance of this act, in Bal-

timore county, and not particularly by law directed to be tried in the general
court, to one perfon of integrity, experience, and found legal knowledge, (who
fhall refide in Baltimore county, and be ftyled in the commiffion, chief juftice of
the court of oyer and terminer and gaol delivery for Baltimore county,) and to
four other perfons of integrity, experience and knowledge, (who fhall be ftyled
in the commiffion, affociate juftices of the faid court,) and the faid chief juftice,
and affociate juftices fhall hold their commiffion during good behaviour, and may
be removed for mifbehaviour in the fame manner as the chancellor or the judges
of the general court may be removed agreeably to the conftitution of this ftate,
and not otherwife; and after the iffuing of fuch commiffion, all crimes, offences
and mifdemeanors, 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, fhall be tried, heard and determined, before the
faid five perfons, or any three or more of them, in court fitting, and not in the
county court of the faid county; and each of the faid perfons fhall be and is hereby
conftituted a juftice of the peace, and fhall have jurifdiction as fuch, within the
faid county, in all criminal cafes, during the time he fhall be in commiffion ;
and in cafe of death, refignation, or removal out of the faid county, of any of
the faid five perfons, a new commiffion fhall iffue to fill up the place of the per-

fon who fhall die, refign, or remove out of the faid county; and no indictment
found before the faid juftices fhall be removed to the general court, at the in-
ftance of the party profecuted, without the leave of the faid juftices, or the
fpecial order of the general court, or fome one of the judges thereof.

Caufes, &c. to
be heard, &c.

Times of

holding the
courts, &c.

III. And be it enacted, That on the commencement of this act, all caufes,
pleas, procefs and proceedings, relative to the trial of all felonies, and other
crimes, offences and mifdemeanors, whatever, depending in Baltimore county
criminal court, at the expiration of the act, entitled, An act for the more ef-
fectual punifhment of criminals, fhall be heard, tried and determined, before the
juftices appointed and commiffioned in virtue of this act.

IV. And be it enacted, That the times of holding the courts by the faid
juftices, fhall be expreffed in their commiffion; and the faid courts, during the
continuance of this act, fhall be held on the fecond Tuefday in the months of
January, March and Auguft, and on the third Tuefday in November, of every
year; and the county clerk of Baltimore county for the time being, fhall be the
clerk of the faid court, and fhall make all entries, and tranfact all the bufinefs of
the faid court, in the fame manner as he is now, by law, obliged to tranfact the
bufinefs of the county court of the faid county.

One juftice
may call the
court, &c.

V. And be it enacted, That any one of the faid juftices: fhall have power to-
call and hold the faid court, and to adjourn the fame from day to day; and any
one of the faid juftices, in court fitting, may empannel and charge the grand ju-
ry, and direct procefs to iffue on any prefentment or indictment found in the faid
court, or on any petition or complaint exhibited to the faid court; and he may
direct fubpoenas to iffue for witneffes to attend the faid court, or attachments of
contempt to iffue againft witneffes or jurors for non-attendance; and he may di-
rect any witnefs to be fworn to the grand jury, and receive any prefentment or in-
dictment from the grand jury, and take recognizances for the appearance of wit-
neffes, or any perfon presented or indicted, and he may commit any perfon pre-
fented or indicted, for want of fecurity; and any two of the faid juftices may ad-
journ the faid court to any time they may think proper.

Sheriff to fum-
mon jurors,
&c.

VI. And be it enacted, That the fheriff of the faid county, for the time being,
fhall fummon forty-eight good and lawful men of his county, fix days before the
day appointed for the holding of the faid court, as grand and petit jurors, and