Hagerstown Mail, The (Newspaper) - May 13, 1836, Hagers-Town, Maryland MAIL BY WEBER MD FRIDAY MAY 13 1836 new IV No 25 of MAGISTRATES COURTS An ACT to Cowli i of ihM Suit to their SECTION 1 ft of Maryland That from and the first of May next the ber of Justices of the Peace in every county of this Slate shall be 10 there shall be three Iran ways resident in each election district it shall be the duty of the Governor Council to select appoint and sign three of said justices of the peace in each election district to be justices Court to be held in said election dis in the manner hereinafter tied which said when so ted and assigned shall be styled in their District Justices snd before they shall act as such and during their continuance in they shall within the election district for which they are appointed and each of said dis- out of court shall have and exercise throughout their tive counties all the powers duties and jurisdiction of other of the peace therein and also such further and other Jurisdiction within their respective dis- as is hereinafter given provided SEC 2 1 hat the laid district justices or any two of them constitute and hold a Court to be styled District Court in twe several and respective election districts to which they shall be appointed and assigned at least once in every month on such days and at such places within the eral election districts as the said dis- justices or a majority of them shall for their respective districts fix and ascertain and it shall he the duty the said district justices so soon after their appointment and qualification as may be and so from time to time as the public convenience in their judg ment require to fix and designate the most suitable and convenient days and place or places in each election district tat the holding the said district courts at least once in every month and it shall be the duty of the said district justices on the several days and places so a- fixed and designated to meei and hold the said district courts and the said district justices or any two o them to met jurisdiction over aad may take cognisance of at tes whatever now within the the diction or cognizance of a single or two justices of the peace and ia all like the debt or shall not ex- justices of the peace or similar eases where the debt or damage laid or claimed shall not ex- ceed the sum of one hundred dollars and under like and similar restrictions and limitations except so far as the same may be inconsistent with the visions of this act and shall exercise original jurisdiction in all cases of debt or contract expressed or the debt or damages do not one hundred dollars in all actions of in where the value of the property in dispute when appraised on the service of the writ of replevin as hereinafter provided does not exceed one hundred dollars in which actions of replevin tbe court may besides adjudging a return of the property award damages as in a county court may be recovered in case of replevin in all actions of trespass except where the title to land is in any manner involved and the person against whom a complaint is made under this net before the said district court shall appear on the return day of the warrant and allege that he or she is entitled to the property on which the trespass is charged to have been committed or thai he or she acted under a person named bv him or her claiming title to the nnd shall verify the allegation by oath or affirmation where the damages claimed do aot exceed one hundred lars in all actions of trover where the damages claimed do not exceed one dred dollars in all actions of assault anc nnd battery where the damages claimed do not one hundred dollars fro Tided the defendant at the time of thi suit or action being brought resides in the district or does not reside in the State and it shall be duty of the district justices in all esses in which jurisdiction is given to them to try hear and determine the matter in controversy and upon full hearing of the allegations evidence and witnesses of both parties to give judgment thereon according to the laws of the laud aad equity and light of the nutter SEC 3 m all whatsoever within the jurisdiction or cognisance of the said district Coart whenever either party shall think aggrieved by the thereof shall be at liberty to appeal to tbe next court in ease said judgment be rendered within tea dsys before next anting of tbe said county court to the next or second term thereafter this if brings uch action in the county court and the verdict ot the jury is for a sum not ex- the sun herein before limited and prescribed for the extent of the of the District Court m he herein respectively specified judgment shall bs given for the defendant with costs snd f any person sue another before a Dis- Court out of the election district wherein such defendant resides ded he resides in State of the person so sued may plead his non- residence in the district wherein he is so sued in a summary way before the said District Court where he is sued and such court on proof the plea shall cive judgment for such defendant with costs Provided that such defendant shall in such case ol a verdict in the county court deduct the amount of such verdict from the amount of his if his costs exceed tbe amount of the verdict and the balance only shall te paid by the plaintiff to uim but if the amount of the verdict exceeds the mount of the defendant's costs the plaintiff shall deduct such costs therefrom and the balance only shall bt sum due from the defendant to the plaintiff and such plaintiff may afterwards warrant or sue dant according to tbe amount so ing due as for any other debt or ges before a single Justice of the Peace or the District Court as the case may be and a short copy of such gether with a of costs as taxed by the clerk of the county court shall be sufficient evidence of such balance due SEC 5 And be it enacted That no plaintiff bringing an action in the county court shall be or have ment against him or pay although the debt or sum of money recovered doth not exceed one hundred dollars rent money where such debt or sum of money recovered has been reduced be- fore the jurisdiction of the said county court by reason of an account in bat or set off of a debt or damages due from the plaintiff to the defendant and not by payments SEC 6 And be it enacted That the District Justices first named in the commission for each election district shall be Chief Justice of the District Court ia and for his respective district arid the others in gradation o the priority of nomination and that any two of the said Justices in the ab- sence of the other shall be capable of holding a court and exercising all the lower and jurisdiction thereof in as full md ample a manner as if all three were present and nny one of the said District o attend the Sitting of the said district court he shall the said docket of Judgments to bs delivered for the time being into the the Justice next named in the commission whose duty it shall be to keep preserve the same and after the of the said court shall have been ully return the same to the said Chief Justice for keeping and if any son shall wilfully niter any part of the entries or judgments contained in the said docket he shall be deemed of forgery and upon prosecution and conviction thereof in the county court he shall suffer punishment prescribed by law for the offence of forgery SEC 8 And be it enacted That the said court shall have criminal jurisdiction in all cases of assault and battery committed within the district thereof unless it shall appear to the said district court upon a hearing of the case that the said assault and batter was committed with an to kil and it Shall be lawful for the said court ry ill be taken within days after the rendition of hot no such appeal shall as s stay or supersedeas of aov judgment baud and curity being given aad approved by any of the said District Justices in the tamo Planner nnd ton practised m cases of appeal from tbe judgment the Pease and the judges of said upon application made to him out of court shall have power and to issue process by capias and summons or attachment for compelling the appearance and dance of parties or witnesses in the said district court to an- any suit or to testify which shall be mile returnable before the said Dis- Court at such day and times as the nature of the case and the ends of tice shall require in the same manner and form as now legally used and by a single Justice of the Peace in casts of which such single Justice of the Peace hath cognizance or varied in such other manner and form as may suit the action plea or purposes and so as to bring all cases herein de- clared to be within the jurisdiction ol the said district court to trial and ment and if during any actual sitting of the said District Court it shall become necessary or be required by either party to summon any witnesses in the case then pending and on trial before the said District Court it shall be the duty of the Chief Justice or in his absence of the presiding Justice forthwith to issue a summon for such witness and if on the return of any summons for a ness to appear and testify before the said court it appear that such witness hath been duly summoned and doth not appear it shall be lawful for the said Chief Justice or presiding Justice un- esc good and sufficient be shown to the contrary to issue an attachment against such witness to compel his or aer attendance SEC f And be it enacted That it shall be the duty of the chief justice of said district court or in his absence of the next named justice of tbe same conn sitting to make regular and fair entries or minutes in n docket to be kept for that purpose of all tails or and brought before the said conn npon process previously issued by nay one of the said justices as aforesaid or otherwise and it shall tbe daty of each of the said ces to make and keep n docket of fair and accurate entries or minutest all and every original process writ or summons issued by him as aforesaid for ing tbe appearance of parties or es before the said tke days and times of tbe same and the precise names of the ties or witnesses named therein and the when returnable continue directed which said docket ana n maun when informed by complaint made upon before them or of their own edge of the commission of any such of- fence within the said district to issue a capias in the name of the State against the person accused directed to some con- stable of the district to compel his or her appearance before the said court to answer the charge and when the party shall appear before the said court he or she shall have the option either to sub- mit the ease to the hearing and ment of the said court and to traverse the same before the said Court as such like cases may be now traversed before the county court or may in his or her e- lection enter into a recognisance before the said district court or any one of the justices thereof for his or her ance at the county court of the same county to answer tbe charge but if the party so charged shall elect to submit his or her case to the hearing and ment of the said district court or to verse the charge before the same court then the said district court shall have power and jurisdiction to hear and mine the same and give judgment cording to the law of the land and the truth of the matter and is case of Conviction the said district court shall and may inflict punishment by fine and imprisonment and in all such cases the party accused as well as the State shall the benefit of such witnesses as ther of them may require to be to the said court to testify in their behalf and the privilege of appearing and prosecuting or defending the charge by attorney and the party accused shall have a reasonable time to prepare for his defence nnd shall be entitled also to be discharged actual custody upon ing reasonable bail for his appearance in the said district touit from time to time as the court shall direct and require till he be finally discharged any one of the said district justices shall have authority to take such bail bond with such ty as he may reasonably require as aforesaid and the said district court shall have power and authority to tax the costs that may arise in all such cases before them fcr assault and batte ry and in cases of conviction of the party accused to give judgment against him or her for the said costs as well as for any justices shall make entries on the utes of the court accordingly SEC 10 And be it That all rendered by the said district courts shall be a lien on all lands and real estate of toe defendant lying in the county wherein the same ment was rendered to all intents and purposes much as if said judgment had been rendered in the county court from the time when n short copy of any such judgment shall have been filed and in the office of the clerk of the same county wherein the same ment is rendered and not before from which record the said clerk shall keep a seperate record book with an index stating doubly the names of the plaintiff and defendant and the said clerk shall receive for filing recording and ing every such copy of a judgment the sum of twenty five cents and no more and it shall be lawful for the said clerk on the application of the plaintiff to sue execution directed to the sheriff and returnable before the coun ty court in the same manner ah if the said judgment had been Obtained in the said county court and shall receive his usual such service SEC 11 And be it enacted That all judgments rendered by the said district be stayed and superseded before any one district justice of the court wherein the said judgments were rendered and within the same period in the same manner form and for the same length of time as judgments now rendered by a single justice of the peace Provided a fair and exact copy of the said supersedeas to be rendered by the justices by or before whom the same shall have been taken and confessed shall be returned by the defendants or parties to the said supersedeas his her or their agent or attorney to the chief justice of the district court wherein the original judgment shall have been dered within ten days after the taking and confessing of the same and it shall said plaintiff at the I bonds of all be taken m pay to the ju tiers sums as v i thall foe requisite to make up the full a- 9 time ot issuing said attachment shall set up at least at two of the most public places in the said district at least ten days before the return day of said at- M affidavit of the truth of his claim together with a copy thereof in which said attachment there shall be a clause commanding the constable of the district to make known to each person or persons in whose hands or possession the said goods and its lands and tenements are so attached and if to him her or them it shall seem meet to be and appear on the return day of such attachment before the Dis- Court having jurisdiction of the same to shew cause why such goods and rights and credits so at- as Aforesaid shall not be con- by the said district court and execution thereof had and made as in other cases of judgments and recoveries had before the said district courts at which day of return of said attachment if said defendant nor the garnishee in whose hands the aforesaid goods and rights and credits lands and tenements of the defendant were at- shall not shew cause to the con- trary the said district court before whom the said attachment may have been re- turned may condemn said goods and rights and credits lands and tenements so as aforesaid attached and award execution thereof to be had and made as in other judgments provided always that said district court shall be satisfied that the notice required as a- foresaid hath been given according to the provisions aforesaid and also the said plaintiff so obtaining the attachment shall give bond in such penalty as the said district court shall direct with good and sufficient security before the dis- court rendering judgment of con- to and for the use of the de- fendant conditioned to make restitution of the said goods and rights and credits so as aforesaid condemned appeal firm the meat a of the Peace ami all eases of appeal snail be tried by said court each party shall have a right to a the duty of tke District Justices in all oases of peat as to transmit sll the Er awd St ol tW the day of tbe ten of coait next onder a every so to i are now That tbe the witb tbe fine the said court impose and in case of non payment of fine and costs for the recovery thereof the said court may issue execution by capias ad or fieri facias in the name of the State of Maryland against the party convicted directed to the sheriff of the county returnable to the ty Court at the succeeding term or may commit the party to the jail of the ty until the same be paid nnd it shall be the duty of the said district court to give certificates to each and every person to whom any part of the said costs may be due either for attendance as a witness for serving process or otherwise of the respective portion due to them of the said costs upon which the said sheriff shall be authorised and required to pay over nil portions of tbe cost when collected to the persons so entitled to receive the same but in case the party accused shall be acquitted or be vent all such costs shall be taxed up a- gainst the county and upon cates as aforesaid to tt made aad ered to the persons entitled to receive the same the levy court or ers of tbe county are hereby required to levy the several sums in the county for and in the name of the eral persons such certificates that the said court shall not exercise the criminal tion aforesaid ia aay case when the at- be the duty of the said chief justice im- mediately upon receiving nny such to make a fair entry of the tame in the docket of the judgments of the said district court in the tame ner and form as he is herein before re- quired to make entry of the original judgments and from such original or the docket entry thereof an execution may at any time be issued by any district justice directed to the sheriff or some constable residing in the district wherein the original ment was rendered and returnable be- fore the said district court wherein the said original judgment shall have been rendered SEC 12 And be it enacted That no plaintiff in any taken by any justice of the peace in this State shall be entitled to have execution on said so far forth as the security or securities are concerned after the expiration of four years from the date of said supersedeas and the said dant or defendants being security or as aforesaid shall be and are hereby declared to be entitled to plead limitations to the plaintiffs claims should the said plaintiff cause a scire facias to issue on said supersedeas after the expiration of the period aforesaid SEC 13 And be it enacted That whenever a writ of replevin shall be de- manded from any one of the said district justices according to the jurisdiction herein given to the said district court it shall be the duty of such justice before he the same to requite and take from the party demanding such writ of replevin a bond to the party holding the property with one or more ties whom the said justice shall in hit conscience believe to be worth double the value of the specific articles of perty intended to be replevied with con- so much thereof as be shall be transferred to tbe docket of the awd district court by the Chief or or m his absence by tiding Justice so that a full docket msy be wade in the manner herein before di- of all eases soils plaints and ments intended to be brought ed district court ond the swat nny case entry shall be in the docket Chief Instiet in case ef hn presiding declare iwe cite the date of the the debtor the torn is awarded and the CMS taxed nni it be the ef every Chief safely to keen preserve the said docket of 1 T m bv tbe said dis- 7 trkt conn md same to is the torney general or his deputy for the district in which the court may be or any other person authorised by the said court to prosecute in behalf of the State in the particular case shall dissent from the courts the ssme and shall ia express such dissent to the court before tbe shall have tried unless the three judges of court shall unanimously mine notwithstanding dissent to take of such ease SBC 9 And tk at That at the of the district courts held court or mmw absence of the shall have power to adjourn ot from day ts day oota Uw business before is dition that the party so his executor or administrator shall well and truly return the same property to the party out of whose the erty shall be so replevied bis executors administrators or assigns in case a re- turn of the same shall be adjudged by the district court before whom the said writ of replevin shall be tried and shall pay alt damages and costs which may be awarded by the snd upon the service of any such writ of replevin the goods and property shall bt with appraised by two sworn appraisers to whom tbe officers serving the writ are hereby authorised and required to administer an oath or that they will truly and impartially appraise the same property at the sum or price they shall believe it to be really worth and if web appraisement shall exceed one hundred dollars all further proceed herein before provided ibe or any thereof Hi the sag of tit said soart and fee ef tbe said presiding uce shall the opening und ning and of the said court r the and the person may be nnd enter tke saae in a minute bunk to be kept tar and district shall have power and to by awe and all vi term immediate or presence nod of iho smd justices shall at- or M any day during aay swion monthly the court be adjourned shall take place as aforesaid wg ska r daring suck an tke day or the value thereof and to pay such damages as the said district court nay award to the said defendant if the de- fendant whose goods and rights and credits were attached shall at any time within twelve months and a day computed from the date of the ment come in and either in person or by his agent before the district court rendering judgment of condemnation a- foresaid and make it appear that the said plaintiff hath been and is satisfied and paid the said debt or shew that it ought not to be paid or that the said de- fendant was not indebted to the said plaintiff at the time of issuing said at- and the said condemnation shall be a good bar and so pleadable to any suit or action brought against the garnishee or garnishees SEC 15 And be it enacted That on all judgments of the said district court the party in whose favor the sane may be rendered shall on application to any one of the justices thereof have process or execution thereon for obtaining the satisfaction of such judgments and it shall be lawful for any one of the said district justices to issue a fieri facias or ad upon such ments returnable to the said district court in the same manner and form as now legally used and practised by a gle justice of the peace in cases within his jurisdiction and all processor pre- cepts of whatsoever kind except for fines penalties and ures so to be issued by the said district justice or district court shall be di- to and served and executed by the sheriff of the or some stable residing within the election district in which the said district court is held 16 And be it enacted That ing herein contained shall be construed to prevent the said district justices from acting as Justices of the Peace out of their respective which purpose they shall keep a ate docket as is sow required to be kept by single Justices of the Pence and be entitled to the same fees for his ces for all services by the said district justices as such respectively performed out of court and for all services by each of the district courts respectively formed they shall respectively have charge and be entitled to receive the name fees which a single Justice of Peace now has for the like or similar services where demand in controversy does not exceed fifty dollars and cases where the demand in controversy exceeds the sum of fifty they shall respectively charge have aad be entitled to receive the following fees to for writing probate sis cents each oath or affirmation six cents issuing the penalty ot two thousand dollars in- stead of the sum now preset by Uw 17 And beit enacted That for the recovery and collection of judgments rendered by the said district courts for fines penalties and forfeitures all shall be issued by the chief tice of the said court directed to the sheriff or some constable of the county and made returnable to the next ensuing monthly meeting of the district court in the usual or in a substantial and ble form and no dings or process of the said court of the said justice in discharge of their duties under act shall be set aside for mere want of form and it shall be tlie duty of thechief tice of the said district court to transmit to the clerk of the levy court or of the county as the case may be once in every year a full and correct list of all fines forfeitures and penalties recovered or imposed in the said district court under the penalty of twenty lars lor every neglect Sec 18 And be it enacted That each and every district justice appointed un- der this act shall before he acts qualify as such in the mode out and required by law for the qualification of Justices of the Peace and moreover he shall take the same oath or affirmation which is prescribed by the constitution and laws to be taken by a judge of the county court SEC 19 And be it enacted That no special pleading shall be required in the said district court but every plaintiff shall make declaration of his claim or cause of action in a plain substantial and intelligible manner before the said court in writing and every defendant shall in substance and writing if required by the said district court plead in bar the general issue and distinctly or deny the claim of the plaintiff and evidence the special mat ter of the defence SEC 20 And be it enacted That in all casesi suits complaints or tions instituted or brought before the said district court either party shall be entitled to appear and prosecute and de- fend the same by agent ing such as have been admitted to tice the law in any county courts of this State SEC 21 And it enacted That any person having in any case suit com- plaints or prosecution pending before mount of allowances to be levies and collected un county charges are SKC 25 And be if enacted That from and after the passage of this and may be for the said courts enter judgment in of j which they may have cognizance t gainst either or defendant for such sum an 10 them may appear just and right with such costs as may have accrued in the prosecution of case which said judgment when rendered if in favur of tue defendant shall be of effect and avail as if the same were rendered in favor of the plaintiff and it shall und in ty be lawful to enforce the of the same in the same ner ai if the same were rendered in vor of the plaintiff SEC 26 And be it enacted That in case any one of the district justices pointed under this act shall die resign or refuse to act or remove out of the district in which he may have been appointed it shall be the duty of the Governor and Council having been in- formed thereof at the next meeting to appoint and commission some suitable person to fill the vacancy occasioned by such death resignation refusal to act or removal out of the district SEC 27 And be it enacted That ing in this act shall be construed to ex- tend to the city of Baltimore and this act shall in no case affect any suits whatsoever that shall have been brought before the first day of May next for any causes of action declared by this act to be within the exclusive jurisdiction of said justices in the said district courts SEC 23 And be it enacted That all laws and acts of Assembly of this State repugnant to or inconsistent with the provisions of this act be and the same are hereby repealed any district court as aforesaid and king oath or affirmation as the case may be that he or she cannot have a fair and impartial trial of said case suit com- plaint or prosecution before the justices of tbe said court the same shall be re- moved for trial before some other ad- joining district court of the same county to be chosen by the parties requesting the removal and in such case the papers and proceedings in the case shall be sent by the chief justice of the dis- court in which the case is pending to the chief justice of tbe district court adjoining the district from which said shall and the said other district conn shall take cognizance of the ease and hear try and determine the ssme and give judgment in the pre- mises in the same manner and to the same effect as the court in which it was brought or instituted could have tried the same and given judgment therein SEC 22 And be it enacted That all laws relating to proceedings by or against executors or administrators before tices of the peace shall be and they are hereby extended and made applicable to proceedings by or against executors or administrators before tbe said district courts so far forth as the same may be done consistently with tbe other ions of this act SEC And be it enacted That all writs or other processes issued by any of the said district justices or district ings Shall cease and the plaintiff or ty demanding the said writ shall be ble for and pay all costs and charges which have accrued thereon and the said officer shall the writ to the said district court certifying thereon that tke value of the property exceeds the jurisdiction of the said court and he shall return the schedule and appraisement of tbe property annexed to the said writ and return Sec 14 And te it enacted That whenever any person or persons shall be indebted to nny other person or persons In a suns not one hundred del lars and tbe said creditor or creditors shall make oath or affirmation before any of the said justices that tbe taid debtor or debtors is ar are in- to her or them in tbe sum of not one hundred dollars and tkat the said debtor or debtors do not reside within tke of tke State of Maryland or that he she or they h or are credibly informed and verily be- the said debtor or debtors hath or have absconded from bis her or their place of abode whereby bis her or their creditors be injured or de- and at the same time before the justice the bond note or account or other evidence of the debt it shall and may be lawful for any district justice in said district to issue an attachment ble before the vaM district court against the goads and rights and its lands and tenements nf the said ab- sent or defendant which arc or stall be m ike bands or or in said warrant and making entry cents issuing summons ding all the witnesses applied for at the tame time twenty-five cents rendering judgment on sll trial cases fifty cents entering judgment by confession cents entering continuance twelve and a half ceats to be paid by the party for the tion be made by the opposite party twelve and a half cents filling and entering supersedeas if taken by other Justices of tke Peace twelve and a half cents search or script from ducket twelve and a half cents taking twenty-five writ of replevin twenty five cents issuing twenty-five ceats issuing facias cents taking replevin or bonds twenty-five cents and all fees received by the respective district justices shall be accounted for as hereinafter ded and it shall be the duty ot the eral constables within the several tion districts to coUrct and over to the chief justice of the respective courts M fees by the justices or district courts respectively courts as such under the provisions of this act thall be made returnable at the next monthly meeting of the said dis court thereafter to be holden ex- cept subpenas and attachments for compelling the appearance and ance of witnesses that each witness shall be entitled to charge and receive for each days attendance in obedience to the mandate of the court the sum of thirty-three and one-third cents to be taxed as costs of the suit SEC 24 And be it enacted That each of the chief justices of the said district courts for all of his services as such un- der the provisions of this act shall have and be entitled to retain out of any ies received by him as herein before vided the sum of three dollars per day for every day that he may or shall at- tend the sitting of the said court and each of other district justices shall have and be entitled to receive the sum of two dollars per day for each and ery day that they may or shall ively attend the sittings of the said courts to be paid to them or order by their respective chief justices out of any monies by them received as herein before provided aad each of the said chief justices of the courts in the several counties in this State shall furnish to the levy court or commissioners of the tax of the tive counties on or before the first day of June in the year of our Lord teen hundred and an- CURIOUS ANECDOTE In 1747 a man was broke alive on the wheel at Orleans for high way and not having friends to bury his body when the executioner supposed he was dead he gave him to a surgeon who carried him to an anatomical theatre as a subject to lecture on The thighs legs and arms of this unhappy wretch had been broken yet on the surgeon's coming to examine him he focnd him surviving and by proper application of proper cordials he was soon brought to his speech The surgeon and his pupils moved by the sufferings and solicitations of the robber determined on attempting his cure but he was so mangled that his two thighs and one of his arms were Notwithstanding this tion and the loss of blood he recovered In this situation the surgeon by bis own desire had him conveyed in a cart leagues from Orleans where as he said he intended to gain his by begging His situation on the road close by a wood and his deplorable condition ex- cited compassion from all who had saw him In his youth he had served in the army and he passed for a soldier who had lost his limbs by a cannon shot A drover returning from market where he had been selling cattle was solicited by the robber for charity and being moved by compassion threw him a piece of silver says the robber I cannot reach see I have neither arms nor for he had con- his arm which had been ed behind his so for the sake of Heaven put your charitable donation into my pouch and LORD bless you The drover approached him and as he stooped to reach up the money the sun shining he saw a shadow on the ground which caused him to lock up when he taw the beggar elevated above his head and grasping a short iron He arrested the blow in its descent snd seizing the robber carried him to his cart into which having thrown him he then drove off to the next town which was very near and brought hu prisoner before a magistrate On searching him a whistle was found in his pocket which naturally induced a suspicion that he had accomplices m the wood the magistrate in- stantly ordered a guard to the where the robber had been seized and they arrived within half an hour after the murder of the drover bad been at- tempted he euard having concealed selves behind different trees tle was blown the sound of which was remarkably shrill and and er whistle was heard under ground three men at the same instant rising vcr the midst of a bushy dumb of bles and other dwarf shrubs diers fired on them and they fell 1 no bushes were searched and a descent thereafter a full aad fair ment with an of the troth of annexed setting forth the number of days each of the Mid district tices may hive attended the of their respective district counts and the whole of fees by them received snd each said chief justices pav over to the said levy courts or of county the i if any wires respectively the severs under the of cr district in their them received and the the sum allowed them far receive therefor a commission of ten percent on all sums and by them respectively received and or of over and every serving cr of any kind under the of this art thall have and be entitled same fees as they are by law entitled to have and for the imposed on them by the o hall be by them and ated in allowances to twe dis- justices or other wise they in 5 heir discretion monies receive the chief jM shall not have beta sufficient to pay fte kvy ana Se this set tte w Here were found three girls and a The girls were discovered in cave kept for the of servants and the purposes of lust boy scarce years of age was a son to one of tho robbers The girls in giving evidence deposed that they had lived near three years in cave and been kept by force horn tbe time of their ity that dead bodies were frequently carried into the cave stripped and bo- and that the old soldier was ried every dry day and sat by tho mad side for two or three Oro evidence the murdering was condemned to suter a the wheel As one oral rd was to be broken by several i in several places and i A stroke he m five When body to ashes and strew the lice M in court been ty essentially m to macerated spoko for There not a as big as a on iU as had head had head j j j 10 sky
