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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 48   View pdf image (33K)
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48 Assembly Proceedings, February March 1638/9.

Liber
C & W H

p. 12

and the said Register shall be a Court of Record and shall be
called the County Court and the said Court Shall or may
have use exercise and enjoy all or any the same or the like
powers priveleclges authorities and Jurisdictions within this
province (in the Causes aforesaid) as any of the Kings Courts
of Common Law in England useth or may use and exercise
within the Realm of England (except were it is otherwise pro-
vided by any Law of this Province)
And (untill there be a Seal appointed to this to this Court
by the Lord Proprietarie) all mean prossesse and Judiciall
Writts in all causes apperteining to this Court shall be drawn
and Signed by the Register of this Court and Such Signature
Shall be a sufficient warrant to the Chancellour or keeper of
the great Seal to put the great Seal thereto and they Shall
issue in the name of the Lord Proprietarie with the teste of the
said cheif Justice or cheife Commissr and Shall be directed to
the parties themselves or to any Witnesses or to the Sherrif of
the Countie or to any other officer named upon the writt
and Such formes of process and proceedings upon bill plaint
information Presentment, or endictment Shall be used and
observed in the Court as are most agreeable to the Laws of
this Province or otherwise to the forms used and observed in
the Courts of Common Law in England in the same or the
like causes as neer as the Judge or Register may well know
them or otherwise such formes as the said Cheif Justice shall
appoint or approve to be used and observed (except were it
is otherwise provided by any law of this Province)
And all questions and Demurers in Law in this Court shall
be determined by the said cheif Justice Commissr or Commissrs
And in all pleas and matters civill or Criminall (in this or any
other Court within the Province) the Lord Proprietarie shall be
allowed all the same and the like prerogatives and Royall
Rights as are usually or of right due or belonging to a Court
Pallatine (saveing allways the Soveraigne Dominion due to the
King of England)

p. 13

And all issues of fact in this Court shall Be tried by the said
cheif Justice Commissr: or Commrs and the Councill sitting in
Court or the Major part of them if the defendant shall chuse
to be tried by the Court or otherwise by a Jury of Seven or
more freeholders of the County to be returned by the Sherrif
if the defendant Shall chuse to be tried by his Country
And the Register of the saide Court may at any time take
a writt out of the Chancery returnable into this Court directed
to the Sherriff to returne any five or more freemen (named
upon the writt) for a grand enquest and after the empanelling
of the said enquest or of any five of them the Court shall or
may charge them with an oath truely to enquire of and true



 
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Proceedings and Acts of the General Assembly January 1637/8-September 1664
Volume 1, Page 48   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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