Assembly Proceedings, September 1642. 185

shall be ordinary Court-daiesin the County of S^t Maries. And
the first day (not being Sonday or holy day) in the months of
July September, November & January, and the next day (not
being Sonday or holy day) after the fourteenth day of December,
January, ffebruary, March & Aprill, shall be ordinary Court-
daies in every other County, wherin (and in the daies following
afore the Court break vp) all issues ioined or petitions entred
afore any the said severall Court daies respectively (within
the cognisance of the Court) shalbe heard & ordered vpon the
request of either party. And no Court may be held for the
determination of any cause (requiring the presence of more
Judges) tintill all such as have voice in the Court (and are
within the County or hundred conveniently to be warned) have
warning & notice thereof [some] reasonable time before. This
Act to endure for three years from [this present] day.

6 An Act providing remedy for plainti[ffs in some Cases]

The defendant returned served, and defaulting in appear-
ance, the [Judge may admit] the plaintif to prove his demand,

Liber P R

& if he see cause may procee[d to Iudgment] And any writt
shalbe iudged sufficiently served, if it were shewen, declared, or
tendred to the party, or left at his vsuall plantation, & affidavit
made by any one that the party had certaine knowledge of it.
And in case where the defendant is not an inhabitant of the
Province or is absent out of it, the Judge shall give reasonable
time for his answere according to the case. And in default of
answere may admitt the plaintif to prove his demand, &
proceed to iudgem^t if he or they see cause,
where any partie is presented or indicted by twelve ffreemen
to be a ffugitive out of the Province for debt or malefice such
ffugitives lands & goods may be attached or delivered in
exequution to the Creditors making such proofe as the Judge
shall thinke sufficient, and the residue (if any be) shalbe
delivered to the party or parties living within the Province,
having next right to succeed. And the goods of such ffugitive
shalbe disposed of by Administration as if the party had died
intestate. This Act to endure for three yeares from this present
day.

7 An Act for the fformes of Proceedings in Causes.

The cheife Judge in Commission, of every Court, shall or
may have, and vse all necessary & sufficient power for the
administration of iustice, and doing or causing right to be
done to all persons (in all causes within cognisance of the

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