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the Upper and Lower Houses of Assembly, and the Authority of the
same, That no Action whatsoever brought in any of the County
Courts within this Province shall be continued longer than Twelve
Months, nor in the Provincial or High Court of Appeals, longer
than nineteen Months, nor in the Court of Chancery, longer than
Twenty Five Months from and after the Return of the Writs or
other Process that shall hereafter Issue, and that all Actions now
depending in any of the said Courts, be under the like Limitation,
from the end of this present Sessions of Assembly, except in Causes
where Evidences are wanted from beyond Sea, which is left to the
Discretion of the Court where such Case shall happen; and that it
shall and may be lawful for the several Courts aforementioned, upon
the Discontinuance of any Action or Actions aforesaid, if by the Act
or Default of the Plaintiff, to award him to pay the Cost, but if by
the Act or Default of the Defendant, then to give Judgment for the
Plaintiff; Provided, That the Time of Continuance of any such Suits
in the Courts of Law by Injunction in Chancery, or by allowing
Infants the Benefit of the Parol Demur, be not accounted as part of
the Time of Limitations aforesaid.
And whereas it often happens that Actions are delayed by reason
the Evidences in such Suits are Sea-faring Men, or others whose
Business and Imployment calls them out of this Province when such
Actions should regularly come to Tryal.
Be it therefore further Enacted by the Authority, Advice and
Consent aforesaid, That the Deposition of any such absent Seafar-
ing Men, or others taken before two Justices of any County Court
of this Province, or one of the Justices of the Provincial Court, in
Presence of the adverse Party, to him that requires such Deposition
to be taken, if upon due Notice he thinks fit to be present, or if upon
notice he refuses to be present, the Notice being proved, shall be re-
ceived for as good Evidence in any of the Courts within this Prov-
ince, as if such Evidence were Personally present upon the Tryal,
and should deliver the same Viva Voce.
And be it likewise Enacted, That from and after twelve Months
from the end of this Sessions of Assembly, it shall and may be Law-
ful for any Person or Persons that shall conceive themselves ag-
grieved by any Decree of the Chancery-Court, to have an Appeal to
the Governour and Council of this Province, for the time being,
wherein each Member shall have a full Voice,
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Session
Laws
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An Act for the better Supporting the Magistrates in the Adminis-
tration of Justice within this Province, and for the Disabling
Thomas Macnemara, Esq; to Practice the Law therein.
Whereas Thomas Macnemara, Esq; a Practitioner of the Law
and Attorney in several of the Courts within this Province, has been
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1718
Chap. XVI
[Evan
Jones' com-
pilation
printed by
Bradford,
1718]
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