Assembly Proceedings, June 29-July 22, 1699. 513

of Speciall Bayle in all Actions and Suites Depending or to be
depending in his Ma^tys Provinciall Court of this Province Be
it Enacted by the Kings most Excellent Maty by and with the
Advice and Consent of this Present Generall Assembly and
the Authority of the Same That when Speciall Bayle is required
by the Provinciall Court by the Plaintiffs Attorney att the
Calling over of the Appearance Docquett and that the Court
dos rule that Speciall Bayle shall be given and the partys
against whom the Rule is that he shall give Speciall Bayle be
present the Party Defendant shall then and there give Speciall
Bayle in open Court and Shall be Deemed to be in the Cus-
tody of the Sherriffe that arrested him in that Action till he
give Speciall Bayle as afores^d is required but if the said Party
Defendant be not able att the said Provinciall Court then and
there to procure Speciall Bayle Yet the Said Party shall
remaine and be in the Custody of the Same Sherriffe that
arrested him and by him in Safe Custody kept and guarded
and Carried back into the County where the def' was Arrested
and there in Safe Custody kept till he Can Procure Such
Speciall Bayle But if the said Party ag^t whom such rule is that
Speciall Bayle shall be given be not present att the said Pro-
vinciall Court then the Sherriffe of that County where the said

Lib. L. L.

Party Defend' was arrested may and shall by Virtue of Such
Rule aforesaid for Speciall Bayle to be given take the said
Party into his Custody againe there keep till he can procure
Speciall Bayle according to the rule of Court and for the
greater Ease of Makeing and takeing Recognizances of Such
Speciall Bayle it shall and may be Lawfull for any person that
shall be by his Ma^tys Comission appointed one of the Justices
of the Provinciall Court of this Province within Such County
where Such Justice of the said Provinciall Court shall inhabit
and in Case of Death or Absence of Such Justice of the Pro-
vinciall Court then it shall be Lawfull for the President of the
County Court to take and receive all & Every such recogni-
zance or recognizances of Bayle or Bayles as any person or
persons shall be willing or desireous to Acknowledge or make
before him in his County in any Action or Suite depending or
hereafter to be Depending in the Said Provinciall Court which
recognizance shall be Taken in Such Maner and form as
followeth

p. 261

Viz^t John Doe plt
Rich^d Roe Def^t

You A: B: and C: D: and either of you
do undertake for the s^d Richard Roe
defend^t in------pounds of Tobbacco to be