538 Assembly -Proceedings, May — June 1676.

Liber
W H &L

And bee itt further Enacted by & with the aduice & Consent
aforesaid that if any person plantiff shall Commence or prose-
cute any Suite or plaint in the Prouinc^ll Court of this Prouince
for or vnder the summe of fifteene hundred pounds of Tobacco
& Caske in manner and forme as aforesaid shall Suffer a non-
suite & pay Such Costs to the Defend.^t as are vsually granted
by the Prouinciall Courts of this Prouince
And bee itt further Enacted by the Authority aforesaid That
an accompt sworne to by the p^lt or a bill proved by his Eui-
dence before any one Iustice of the Prouinciall Court or any
two Iustices of any County Court within this Prouince shall be
Sufficient Evidence to proue the said debts in any County

p. 116

Court within this Prouince Provided alwayes that the party
who shall Sweare or give Evidence as aforesaid before one
Iustice of the Prouinciall Court or two Iustices of any County
Court to prove any debt as aforesaid shall att the same tyme
declare upon his oath whether he knowes of any payment or
discount of any part or parcell of the accompt or debt soe to
be proved which shall be Certifyed under the hand or hands of
such one lustice of the Provinciall Court or two lustices of the
County Court before whom the said accompt or debt shall be
proved which Certificate made & Signed as aforesaid shall be
taken & Received as Sufficient proofe of any such debt or
accompt as aforesaid.
And Bee itt further Enacted by and with the aduice & Con-
sent aforesaid that if any Defendant upon the tryall can prove
either by such Certificate as aforesaid or other Sufficient
proofe that there is any summe of Tobacco paid to the p^lt or
his order in part of the Debt or accompt Sued for or due from
the P^lt the County Court before whom such tryall is had may
Cause the Same to be discounted in Court & giue Judgment
thereuppon against the Defend.^t for soe much onely as shall be
Remaining due to the p^lt with Costs of Suite This Act to Con-
tinue for three yeares or to the end of the next Generall
Assembly.

An Act for the Constables takeing the Lists of the
taxables.

Whereas through the Idlenesse & carelesnesse of Some
Constables in this Prouince many falce lists of the taxable per-
sons in this Prouince are returned And for that Severall Con-
stables doe Comonly proceed to take the Severall Lists of
taxables upon hear say without goeing to the severall & Re-
spective houses in their Hundred to Enquire of the masters of
the Respective familyes after the number of taxables in each
family by which Neglect the Inhabitants of this Prouince are of-