56 Assembly Proceedings, February — March 1638/9.

Liber
C & W H

by the Lord Proprietary or his Leiutenant Generall shall be a
justice of peace within the said hundred dureing such time as he
is Commander with all power and authority to a Justice of Peace
belonging by the laws of this Province and the said Commander
shall appoint some one to be Clerk or Register for the Record-
ing of all matters perteining to that office and the said Com-
mander and Register for the time being shall be a Court of
Record and shall be called the hundred Court of Kent
And all matters and causes whatsoever civill or Criminall
(except wherein the said Commander is a partie) happening
or ariseing by or between any inhabitants of the said Island or
wherein any Inhabitant of the said Island is def^t and detirmin-
able in the County Court shall or may be heard and determined
by and before the said Commander in the said hundred Court
and the said Court shall have power to use and exercise all
the same and the like powers and Jurisdictions and and to
issue and award all processe necessary for the bringing of any
cause to a triall and executing of Judgment therein as may be
used and exercised issued or awarded by or out of the County
Court
And the said Processe or writts shall issue in the name of
of the Lord Proprietarie with the test of the Commander and
shall be signed by the said Commander or Register and shall
or may be directed to the parties themselves or to the high

p. 24

Constable of that hundred from time to time to Be appointed
by the Lord Proprietary or his Leiutenant Generall or the said
Commander or otherwise to any other person where the said
high Constable is a partie And the same or the like formes
of proceeding shall be used and observed in this Court as is
or may be used and observed in the County Court of S^t Maries
by the laws of the province as neer as the said Commander
and Register shall be able to Judge and all questions of law
shall be decided by the said Commander (with advice of the
Register) and all Issues of fact shall be tried by the Com-
mander (if both parties Consent) or otherwise by any Seven
or more freemen Inhabitants within the Island to be returned
by the said high Constable and such Judgements Shall be
given in all causes in this Court as are most agreeable to the
laws of the Province or otherwise to the Judgments usually
given in the same or the like causes in the County Court as
neer as the said Commander with advice of the Register shall
be able to determine
Add if any partie afore or after Sentence given shall appeal
from the said Court and shall put in caution to pursue his said
appeal at the next County Court or Court of Admiraltrie (after
notice thereof given unto him) and to pay treble damages to
the defendant in the said appeal in case the Sentence given in