42 Assembly Proceedings, Sept. 20-Oct. 18, 1694.

Original
Journal.

ffryday September 28^th 1694.

Councill Mett & Sate & were p^rsent as before
The Answer & Opinions of the Attorneys last night
Referred taken into Consideracon & Ordered to be sent
downe to the house of Burgesses.
That in the Third proposall made to the house By this
Board 25^th September last relateing to County Courts the
Justice be Obleidged to send out his sufnons or warr^t to the
party asking the same and that there be a certain ffee settled
for the Justice makeing out such Warr^t or Sufnons & another
ffee for makeing up the Record & Returning it to the County
Courts and that another ffee be settled upon the Clerk of the
County for Entering the same in the County Record for w^ch
a particular Record Booke shall be kept. That the Justice
have power to depute any pson to Execute the said Warr^ts &
that the Justice keep a Record of all his proceedings.

p. 21

That whereas it is Observed that great delayes have been
Occasioned & persons put to great Expence & Charge &
kept out of their Debts by Reason of Appeales & writts of
Error brought from the County Courts to the prov^ll Court of
this Province, it is proposed that a Law be made to prevent
such delays if possible.
That Noe Accon shall be Comenced in the Prov^ll Court
unless the Cause of accon exceed the sume of Twelve
hundred pounds of Tobacco. And that noe Appeale shall
lye from the County Courts to the Prov^ll unless the Debt &
Damages exceed the sume of Two thousand pounds of
Tobacco.
That an equall number of itinirant Justices of the Prov^ll
Court be Appointed on each side the Bay & that they Ride
the Circuits in the nature of Judges of Assizes in England
every yeare as often as they shall thinke fitt And that a
Provin^ll Office be Erected & kept on Each side the Bay like-
wise from whence all process shall issue as formerly ;
The number of Justices & Sallary left to the Consideracon
of the House; The Clk on each side the Bay keeping the
Prov^ll Office obliedged to Attend the said Justices in their
Circuits & To Transmitt The Record to the Office.
That a Law be provided for to Appoint some certaine time,
after the Justices finishing their Circuits for the Govern^r and
Covncills siting to hear all appeales & Writts of Error & that
noe Appeale lye from the Prov^ll Court to the Govern^r &
Covncill under the sume of 100^l st^r1 or 40000^l of tobacco nor
from them to the King & Covncill under the sume of 300^ls
st^rl pursuant to their Maj^ties Royall instructions the thing
Appealed for to be Vallued by the Court to be worth such a