Acts. 475

and Consent of his Lordship's Governor, and the Upper
and Lower Houses of Assembly of this Province, and the
Authority of the same, That from and after the End of this
present Session of Assembly, the Justices of every Court
of Record in this Province, may assess Damages, and give
final Judgment in all Actions of the Case, upon Assumpsit,
whether the same shall be entered upon Default, Demurrer,
Nihil dicit, non sum informatus, or upon Confession; and no
such Judgment shall be staid or reversed for or by Reason of
not speeding or executing a Writ of Enquiry of Damages ;
any Law, Usage, or other Thing heretofore had, made, or
used to the contrary notwithstanding.
II. Provided always, and be it Enacted, by the Authority
aforesaid, That if either Party, Plaintiff or Defendant, shall,
the same Court that Judgment shall be rendered, pray or
insist on a Writ of Enquiry of Damages, the same shall issue
in such Manner as if this Act had not been made; and if any
Plaintiff shall insist on a Writ of Enquiry of Damages, and
refuse to take Judgment for what the Defendant shall con-
fess, the Plaintiff shall be at the Charge of such Writ of
Enquiry, if the Jury assess no more Damages than the Defen-
dant so confess'd.

Bacon

An Act for preventing the Destroying of Boundaries, or
Bounded Trees; and the Bounding of Trees, or setting up
of Boundaries, without lawful Authority.

Whereas it appears to this present General Assembly, That
many Abuses and Prejudices have happened to many of the
Inhabitants within this Province, occasioned by private Per-
sons taking upon themselves in a private Manner, the Bound-
ing, or Re-bounding of Trees, whereon the Bounds either of
their own Lands, or any other adjacent Lands, may have any
Dependence; and also by the Bounding of Trees at Random in
the Woods, the Multiplicity of which renders the true Boun-
daries of Lands very precarious and uncertain; and likewise by
the cutting down or destroying of Bounded Trees, either of
or upon their own Lands, or any others; For the Remedy of
which Evils for the future;
II. Be it Enacted, by the Right Honourable the Lord Pro-
prietor, by and with the Advice and Consent of his Lord-
ship's Governor, and the Upper and Lower Houses of
Assembly of this Province, and the Authority of the same,
That from and after the End of this present Session of As-
sembly, it shall not be lawful for any Person or Persons
whatsoever, within this Province, under any Pretence whatso-
ever, to cut down, or otherwise destroy, any Boundary, or
Bounded Trees, either of his own Lands, or of the Lands

Chap. VIII