|
Acts Not Previously Printed. 565
|
|
|
|
to such Justice, upon Oath; and the Party also making Oath before
such Justice, that such Hemp was made within that County, and
that he nor any other Person hath ever had any Allowance or Cer-
tificate for the same; such Justice shall then give such Person a
Certificate of the Quantity of such Hemp, and upon such Persons
producing such Certificate or Certificates to the County-Court, the
Justices thereof are hereby required to make them such Allowances,
as beforementioned.
This Act to continue for Three Years, and to the End of the next
Sessions of Assembly which shall first happen after the said Three
Years.
|
Session
Laws
|
|
|
An Act for the Tryal of all Matters of Fact, in the Several Coun-
ties where they have arisen, or shall arise; the Continuance of
Causes in the Provincial-Court, and Adjournment of that Court.
Whereas the Tryal of Facts in the Neighbourhood where they
arise, is the greatest Security of the Lives, Liberties, Fortunes and
Estates of the Subjects, most agreeable to the British Constitution,
and a very great Ease to all Persons concerned; and that the In-
crease of Business in the Provincial-Court renders the Decision of
Causes there, without very great Delay and Expense, impracticable.
Be it therefore Enacted, by the Right Honourable the Lord Pro-
prietor, by and with the Advice and Consent of His Lordship's
Governour, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That Two Justices of the Provincial-Court,
on each Side of the Bay, (such as the Governour for the Time be-
|
1723
Chap.
XXIII
[Wm Parks
compilation,
1727, p, 255;
continued by
1727, ch. 6,
and supple-
mented by
1724, ch...17;
expired
I73i]
|
|
|
ing, shall think fit to appoint) shall be Justices of Assize, Nisi Prius,
and Justices of Oyer and Terminer, and Goal-Delivery; and that the
said Two Justices, or either of them, (in case of Sickness, or other
Inability) shall and may, at the respective Times in this Act men-
tioned, together with such of the Justices of the Peace as they shall
think fit to associate with them in the several Counties, not exceed-
ing Three in any County, hear and try all Matters of Fact in all
Actions, real, personal and mixt, and all Actions popular, for the
Breach of any Law, that is now depending, or that shall be com-
menc'd in the Provincial Court, in the several Counties where the
Facts have arisen, or shall arise, and not elsewhere, except in any
special Case where it shall appear that Justice cannot in all Prob-
ability be so equally administred to the Parties, as if the Tryal
should be appointed in some other Place, as fully and amply as any
Justices of Assize, and Nisi Prius in England used, or by Law ought
or may try, hear and determine.
And that all Treasons, Murthers, Felonies, and other Crimes,
Offences and Misdemeanours of what Nature or Quality soever, that
have been or by Law might be tryed in the Provincial Court, shall
be heard and tryed, and determined by the said Justices in the several
|
p 256
|
|
|
|