670 Assembly Proceedings, September 23-October 26, 1723.

L. H. J.

or may be Determined and Corrected by a Justice of the peace
in England Any thing in this Act notwithstanding

The same sessions in an Act made Entituled An Act for
Rule of Judicature is Contained as followeth.

Right and Justice in all Civill Causes shall be Determined
according to the Law or most Gen^tt useage of the Province
since its plantation to be Determined by the Judge and in
Defect of such Law and Useage their Right and Justice shall
be Determined according To Equity and Good Conscience not
neglecting (so far as the Judge shall be Informed thereof
and shall find no Inconveniency in the application to this
province) the Rules by which Right and Justice useth and
ought to be Determined in England in the same or the like
Cases.

The same sessions In An Act made Entituled an Act for the
forms of Proceedings in Causes is Contained as followeth

The Chief Judge in Commission of Every Court shall and

p. 95

may Have and use all necessary and sufficient power for the
Administration of Justice and Doeing or Causeing Right to
be done to all persons in all Causes within Cogniz^a of the
Court and appointing the forms and means of it and Award-
ing all necessary process to that End in such form and unto
such Effects as the Judge shall think fitt guideing them selves
as near as Conveniently they may to the former precedents
and useages of the Co^l and in Defect thereof to the formes
in England in the same or the Like Cases Except where any
thing is Especially Provided for by the Law of the Province.

The same sessions In an Act Entituled an Act ordering
some things touching the Tryall and Judgeing of Causes is
Contained as followeth

The Def in any Cause Civill or Criminall may put him
self for Tryall upon the Judge or Co^t or upon his Countrey
or may wage his Law in Cases allowable by the Law of
England

The same Sessions in An Act made Entituled An Act made
Touching Succession to Land is Contained as followeth.

Where any one Dyeth Seized of Land in fee not Disposeing
of it otherwise by his Last will the next heir shall succeed as
hath Right by the Law of England.

The same Sessions In An Act Intituled An Act ordaining
punishm^t for Certain greater Capital offences is Contained
as followeth