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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 58   View pdf image (33K)
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58 Assembly Proceedings, 1694-1728.

C. O. 5,
Vol. 731,

the first day of the Court and shall give publique notice in what part
of the Towne his or their Office is and what houres and when Evi-
dences may attend him or them and shall duly attend at the houres
appoynted for the taking the Examinacon of Evidences in Crimminall
matter and preparing the Indictments to which end the Evidences
any wayes obliged to attend in any Crimminall matter are hereby
obliged and required to give their Attendance on the first day of the
Court and attend the Attorney Generall or Soliciter Generall and
give their depositions or any account of their Evidence to the end the
bills may be prepared & heard & determined by the end of the second
day as aforesaid, and since the Inhabitants of this province his Majtys
Loyall subjects & Leige people are Entituled by Law to the right and
priviledges of other his Majtys subjects of England, To the end
therefore that we may have & In joy the said Rights & benefitts of
subjects as aforesaid as farr as the present Constitution of this
Province will admitt till we shall be more popelous & capable of
better Methods, Be it Enacted that against every Court for Tryalls
of matters of Fact by Jurys the Clerk shall send a Venire facias
to the Sherriff of each County within this Province to summon two
able and sufficient persons to make up a Grand Jury for the body of
this Province and an other Venire facias for every County of this
Province for three petty Jurymen to make two petty Juryes for
Tryalls of matters of Fact between man & man of which Jurymen the
Court shall compose the Grand Jury of the two men sumoned out of
every County and make up the number of a Grand Jury out of the
bystanders if need require and no Grand Jury shall enquire of any
Crime or Offence or make any presentments unless there be one
Grand Jury man at least from every County of this Province or in
default thereof the said Jury to be made up of the bystanders of the
next adjacent County present And to the end that this act may be
duly observed and kept by all persons therewith concerned Be it
Enacted that the Secretary of this Province for the time being or
his lawfull Deputy shall be allowed for such Cattalogue or Docquett
of Causes to be sent to each County as aforesaid the sum of fifty
pounds of Tobacco, and if all or any the Officers Ministers or
Suiters any way within the pervew of this Act do willfully or
negligently Omitt or neglect the performance of their severall &
respective dutys herein and herby Enjoyned and required they shall
be lyable to suffer the paines & penaltys hereafter sett downe, That
is to say the Justice so appointed in not calling the Attorneys & Clerk
together and causing them to call over & settle the Cattalogue or
Docquett for next Courts Tryalls for every default shall pay the sum
of one thousand pounds of Tobacco, every Attorney and the Clerk
not giving due attendance according to appointment of the Justice or
Omitting his duty therein shall for every such default forfeit & pay
the sum of 500ls of Tobacco, The Clerk in not drawing out a fair
Docquett or Cattalogue of such causes as shall be assigned for Tryall

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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 58   View pdf image (33K)
 Jump to  

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