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Assembly Proceedings, February — March 1638/9. 47
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Shall be by a Jury of twelve marriners or (in defect of marriners)
of other freemen of the province till the number of twelve
Jurors be Compleate
And Such Judgement Shall be given in all matters and
causes whatsoever as is most agreeable to the Laws of this
Province or (in default thereof) to the Judgments which usually
are or ought to be given in the same or the like causes by the
custom or Law Merchant of England or in the Admiraltie
Court of England as near as the said Admirall Judge or
Judges Commiss! or Commissrs Shall be able to detirmine.
And all fines forfeitures of Bonds or recognizances to the
use of the Lord Proprietarie confiscations derelicts pyrates or
enemies goods goods found in or upon the Sea or within high
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Liber
C & W H
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water mark (not haveing any owner challenging the same) and
all other proffits and perquisites due or belonging in England
to the high Admirall of England shall be to the use and proffit
of the said Admirall or (in vacancie of an Admirall) to the
use of the Lord Proprietarie (except were the said proffits or
perquisits or any of them are otherwise granted by Pattent)
This Act to continue till the end of the next Assembly.
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p. 11
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An Act For the Erecting of a
County Court
Be it Enacted By the Lord Proprietarie of this Province by
and with the advice and approbation of the Freemen of the
same that all causes of appeal from inferiour Courts and all
causes whatsoever civill determinable in any Court of common
Law in England and all causes for recovery of Legacy's and
all Causes matrimonial (forasmuch as concerns the triall of
Covenants and Contracts and the punishment of faults com-
mitted against the same) and all offences of incest attempting
of anothers chastity defamation temararious admircon deten-
tion of Legacy's clandestine mariage without beanes thrice
published or bond entred in the Court and all Crimes and
offences whatsoever (not extending to felony or treason by the
Laws of this Province) for which any certain punishmt is ap-
pointed by the laws of this Province or by the Common Law
of England shall be heard andvdetermined finally by and before
the cheif Justice of the Province for the time being or by and
before such other Commiss: or Commissionrs. as the Lord Pro-
prietarie of this Province or the Leiutent: Generall shall author-
ize to hear and determine the same
Which said cheif Justice shall or may appoint a Register for
the Recording of all matters perteining to that office and the
said cheif Justice Commissr or Commissrs for the time being
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